HomeMy WebLinkAbout2011-06-23 - Council Agenda Packet - Part 2 Agenda
Corcoran City Council
June 23, 2011 - 7:00 PM
1. Call to Order 1 Roll Call
2. Pledge of Allegiance
3. Agenda Approval
4. Open Forum
5. Presentations-None
6. Planning Business 1 Landform
a. Final Approval of 2030 Comprehensive Plan*
b. Blocks N Rocks Site Plan and CUP for Outside Storage at 20010 75th Ave (26-119-23-14-0024) (City file 10-
012)*
c. Patnode CUP for Living Quarters Accessory to Ag Use at 23240 CR 30 (City file 11-004)*
d. Zoning Ordinance Amendment and Zoning Map Update*
7. Engineering 1 Wenck
a. Dust Control Program-Discussion and History*
8. Public Hearing-None
9. Consent Agenda
a. Draft Minutes of 05/26/11 Council Meeting*
b. Draft Minutes of 06/09/11 Council Meeting*
c. Resolution 2011-29 Requesting Tax Forfeited Property*
d. Resolution 2011-28 Approving Hennepin County Sheriff Foundation Temporary Gambling Permit*
e. Equipment Sharing Agreement*
10. Staff ReportslMemoslCommissionslCorrespondence
a. Planning Project Update*
b. MnSpect Payment Processing*
c. Kuehn Correspondence*
11. Unfinished Business
a. Speed Limit for rural residential area/Stieg Road*
b. Public Works Facility Update*
c. Sewer and Water Project Update*
12. New Business
13. Claims as Presented*
a. Escrow Claims(Fund#500)
b. Building Inspections Claims
c. All Other Claims As Presented
14. Unscheduled Items
15. Closed Meeting—None Scheduled
16. Review of Upcoming Council Meeting Agenda
17. Adjournment
*Includes Materials-Materials relating to these agenda items can be found in the House Agenda Packet by Door.
Administrator's Agenda Memo
June 23, 2011
To: Mayor and City Council
From: Dan Donahue, City Administrator
Regarding: Administrator Notes to Council Meeting Agenda
4) Open Forum. Chad Robran will ask the council about designating Corcoran Country Daze as a
Community Festival. I believe the principal purpose is to allow the serving of alcoholic beverages by
one of our liquor license holders, the Stanchion Bar. State Law under 340.404 does allow cities to so
designate a current liquor license holder to serve off premises. The licenses holder must demonstrate
that it has liability insurance as prescribed by section 340A.409 to cover the event.
5) Presentations. None
6) Planning and Zoning
a) Final Approval of 2030 Comprehensive Plan. The bound document will be delivered to
you on Monday or Tuesday of next week. The staff and I are reading to make sure all of the
references, page numbers, figures, and maps are in the correct place and all is as the council has
previously approved. So far, we have found no problems.
b) Blocks N Rocks-Planning Case 10-012. See report
c) Patnode-Planning Case 11-004. See report
d) Zoning Ordinance Amendment and Zoning Map. If the council approved the Final 2030
Comp Plan, then you can consider all of the zoning and subdivision amendments. The first order of
business is the Zoning Ordinance and the Zoning Map. Everything before you at this meeting is
consistent with the 2030 Comp Plan. You should also be aware that there are several property
owners interested in specific provisions in the Zoning Ordinance that are waiting for your approval
so they can proceed with their projects. I am told that they will be attending this meeting. Also, be
aware that your consideration of the Zoning Ordinance was announced at the Public Hearing
before the Planning Commission on June 2nd. I was asked by members of the council if these items
could be considered at a later date. Since the matter was announced that it would be on your
agenda at this meeting, I am reluctant to arbitrarily change the dates. The council however can lay
the matter over to another meeting if they so wish.
7) Engineering
a) Dust Control-Program History. See report by City Engineer VanderTop. The council should
consider the recommendations by the engineer at the end of the report. I suggest that at a later
date we might want to undertake a budget impact analysis if the cost of road improvements is
undertaken by the General Fund as apposed to Special Assessments.
8) Public Hearing. None
Page 1
Administrator's Agenda Memo
June 23, 2011
9) Consent Agenda
a) Council Draft Minutes of 05/26/11 . The approval of these minutes was laid over to this
meeting due to questions about the closed meeting. Staff is recommending that the documents
presented at this council meeting are public and are now in the public record of this meeting.
b) Council Draft Minutes of 06/09/11
c) Resolution 2011-29, Tax Forfeited Property. At the last council meeting, I mentioned that
the council needed to amend the original resolution 2011-012 that requests conveyance of a tax
forfeited property to the city for a public purpose. I said that the county was requesting the city to
state the public purpose that is allowed in state law. This now has been included in the new
resolution. Also, the city is required to give the county a$250 fee (new this year)for the filing.
d) Resolution 2011-28, Approving Hennepin County Sheriff Request for Temporary
Gambling Permit. See letter from the Sheriff's Foundation. They are requesting to hold a raffle
in conjunction with their golf tournament to be held in August at Pheasant Acres Golf Course. Staff
recommends approval.
e) Equipment Sharing Agreement. The council looked at this agreement at the last council
meeting and agreed in principle. This is the final document and there are no substantive changes
to the previous agreement. Staff recommends approval.
10)Staff Reports.
a) Planning Project Update. See report
b) MNSpect Contract, Payment Processing. See report from staff about the MNSpect billing.
The tracking of the permits, there turnaround and the billing is an involved process; and one that is
difficult to keep reconciled. Much of this manual, time consuming process would be eliminated with
permit software. The council had a question at the May 26th council meeting about the MNSpect
billing and permit process. Ms. Wagner who handles the recording and tracking of permits has tried
to explain the process (and it is difficult to really explain). When we go out for a new contract for a
building official, we are going to ask that the billing and permit process be specified up front and
meet our requirements. The council might want to weigh in on what you want to see in this
process.
11)Unfinished Business.
a) Speed Limit For Rural Residential Area/Stieg Road
b) Public Works Facility Update. I believe council members Asleson and Cossette will have
information to present on the property search project they have been working on.
c) Sewer & Water Update. Staff has been working on an update to the project schedule. The
engineers and I would like to review that plan with you. In your packet is the proposed schedule.
Some important dates and decisions are looming in order to keep on schedule and get this project
under construction in the spring of 2012.
12)New Business
Page 2
Administrator's Agenda Memo
June 23, 2011
13)Claims.
14)Unscheduled and Other Items
15) Closed Council Meeting. None Scheduled
16) Upcoming Council Meetings. On July 14th, I would like to start discussion on the 2012 Budget
and other financial matters for the coming year including the current CIP and the 2012/13 CIP
Council Calendar
Planning 515111 612111 717111 814111 911111 1016111
Commission
Guenthner Cossette Gmach Asleson Milbrandt Guenthner
Parks&Trails 5117111 6128111 7119111 8116111 9120111 10118111
Commission Date
Change
Cossette Gmach Asleson Milbrandt Guenthner Cossette
Other Jan Feb Mar Apr May Jun
Page 3
Agenda Item 6.b.
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105 South Fifth Avenue Tel: 612-252-9070
Suite 513 Fax: 612-252-9077
Minneapolis, MN55401 www.landform.net
TO: Corcoran City Council
FROM: Kendra Lindahl, Landform
DATE: June 13, 2011 for the June 23, 2011 City Council Meeting
RE: Lee W. Sunram (Blocks N Rocks). Site Plan Amendment and Conditional Use
Permit Amendment at 20010 75th Avenue North (PI D 26-119-23-14-0024)
City File No. 10-012
120-DAY REVIEW DEADLINE: August 11, 2011
1. Application Request
The applicant has requested approval of an amendment to the existing conditional use permit and
site plan approvals to allow an after-the fact expansion of outside storage on the site. Blocks N
Rocks has been operating on the site and has display areas for materials as well as outside storage
of materials and equipment.
2. Planning Commission Public Hearing
The Planning Commission held a public hearing on June 2, 2011 to consider this request. The
Planning Commission voted 5-1 (Ravnholdt voted nay) to recommend approval of the request.
In addition to the applicant, there were residents present to speak to this item.
Greg Ebert asked why the City does not consistently enforce the ordinance and treats some people
differently. He asked why the City chose to enforce the code on this property and not on others.
Planner Lindahl noted that City responds to complaints. There was a complaint about this property
and upon inspection, the City found that the property had expanded operations without a permit and
the applicant then requested an after the fact approval. The City Administrator manages code
enforcement issues with Code Enforcement Technician Wagner.
Mr. Ebert asked how the 10-foot strip outside of the fence would be maintained on the east. Staff
noted that it is the applicanYs responsibility to mow this area and a condition to this effect has been
included in the draft resolution.
Mr. Sunram and his engineer asked why the secondary septic system had to be protected if sanitary
sewer is coming and asked for that condition to be removed. Staff noted that while sanitary sewer is
planned for this area, it is not yet available. Landowners must retain a primary and secondary septic
site should it be needed. The Planning Commission discussed this issue and agreed that the
secondary site needed to be located outside of the fenced area, but that once the property were
connected to sewer, fence could be adjusted with administrative site plan approval. However, the
Landforms"",SensiblyGreen""and Site to Finishs""are service marks of Landform Engineering Company.
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applicant must show compliance with the impervious surface limitations and all other ordinance
standards.
The Planning Commission asked why there is not a variance requested for the gravel storage area.
Staff noted that the ordinance allows the City Council to approve something other than blacktop or
concrete. Since the majority of the site is outside storage on a legal non-conforming gravel lot, staff
is recommending that gravel be allowed for the expansion area a/so.
The Planning Commission asked why a pond is not required. Planner Lindahl noted that both the
City Engineer and Elm Creek Watershed Management Commission (ECWMC) reviewed the plans
and application and both noted that new ponding and/or treatment is not required.
The Planning Commission noted that the current site has materials that are falling over and it
appears that there is not specific place for equipment parking. They would like the applicant to clean
up the site and get it organized.
Mr. Ebert asked why the existing easement down the center of the lot is not being vacated. Staff
noted that there is no record of the lot combination but the combination may have just been filed at
the County. Normally, the City Council would review an easement vacation with a lot combination.
An easement vacation is a separate request but the applicant has not requested the vacation.
There is existing storm sewer pipe in this easement and if the city needs to access that pipe they
can use the easement to do so. Mr. Sunram would not be compensated for the work.
There was much discussion about the existing legal, non-conformities on site and the level of
discretion with a conditional use permit amendment.
There was considerable discussion about a desire to revisit the outside storage standards at a future
date. The Commissioners felt that a 6-foot high fence would not adequately screen the property, but
the ordinance would require a variance for a taller fence. The ordinance should also review and
determine whether or not gravel surfaces should ever be allowed for outside storage. The
Commission would also like to review whether there should be a height limit to what can be stored
outside.
The Planning Commission voted 5-1 to recommend approval and the resolution has been revised to
reflect the additional conditions recommended by the Planning Commission.
2. Context
Background
It appears that two lots were combined in 1994 to create the existing lot. The city files have no
record of this lot consolidation, but Hennepin County records do show the consolidation. There were
a number of previous site plan amendments and conditional use permit approvals to add new
tenants in the building. The file primarily shows conditionals use permit amendments in the 1990s
but it appears that the outside storage was already in place at that time.
Sunram/Blocks N Rocks CUP and Site Plan(10-012) 2
June 23,2011
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In 2010, the City received notice of an illegal business expansion on site and contacted the
landowner to resolve the code violations. The applicant subsequently submitted the conditional use
permit and site plan amendment application.
Zoning and Land Use
The property is guided Business Park/Light Industrial on the 2020 Land Use Map (it is shown as
Light Industrial on the Draft 2030 Future Land Use Plan). The property is currently located within the
Metropolitan Urban Service Boundary (MUSA) and zoned Business Park (it is shown as Light
Industrial on the Draft Zoning Map).
Surrounding Properties
The surrounding properties are guided Business Park/Light Industrial on the 2020 Land Use Map (it
is shown as Light Industrial on the Draft 2030 Future Land Use Plan) and zoned Business Park
(shown as Light Industrial on the draft Zoning Map).
Natural Characteristics of the Site
There is an existing wetland in the southeast portion of the site. No impact is proposed. There are
no trees or significant natural resources in the area of the proposed building.
3. Analysis of Request
Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance and
City Code requirements, as well as City policies. The City Engineer's comments are incorporated
into this staff report.
A. Level of City Discretion in Decision-Making
The City's discretion in approving or denying a conditional use permit amendment and site plan
amendment is limited to whether or not the proposed request meets the standards outlined in the
City Code. If it meets these standards, the City must approve the conditional use permit and site
plan.
B. Consistency with Ordinance Standards
Site Plan
The applicant is requesting approval to allow expansion of the outside storage on this parcel.
Because the development proposal is in response to a code violation and the city records are not
complete, it is difficult to determine the extent of the outside storage expansion. Regardless, staff
has been working with the applicant to bring the site into compliance. The proposed site plan (with
conditions in the draft resolution) would bring the site into compliance.
Sunram/Blocks N Rocks CUP and Site Plan(10-012) 3
June 23,2011
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Access
Access is currently provided via 2 curb cuts on 75th Avenue, which will remain.
Screening/Landscaping
Section 1060.070 of the Zoning Ordinance provides standards for landscaping. Outside storage is
required to be screened from public streets and adjacent properties. This issue is discussed in more
detail in the conditional use section of this report.
Utilities
The property is currently serviced by well and septic. The drainfield location is shown on the plans
in the northeast corner of the site. The primary and secondary septic sites must be protected from
impact. The fencing for the outside storage area should be located so that the septic area is outside
of the fence to protect it.
Wetlands
The plans show a single wetland in the southeast corner of the property. The wetland is primarily
located on the adjacent property to the south, but a small portion is located on this site. A wetland
delineation was completed and an approved by Elm Creek Watershed Management Commission.
No impacts are proposed to the wetland at this time.
Grading
Limited grading is proposed on site to add 4 new paved parking stalls, to remove the patio on the
north from the setback area and to add landscaping. The City Engineer has reviewed the grading
plan and finds that it is generally in compliance with ordinance requirements.
Site Lighting
No new lighting is proposed.
Signage
The applicant has an existing monument sign in the northeast corner of the site. No additional
signage is proposed. The landowner did submit a sign permit for the new 8' x 4' sign in 2008. This
new sign permit would typically be an opportunity for city staff to ask why the sign was needed and
notify the applicant that a site plan amendment and conditional use permit amendment was needed
for the additional outside storage needed for the new business. Unfortunately, it appears that
neither the landowner nor city staff discussed the outside storage in 2008.
Sunram/Blocks N Rocks CUP and Site Plan(10-012) 4
June 23,2011
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Conditional Use Permit
The applicant's plan brings the outside storage area into compliance with the setback and other land
use requirements by eliminating the patio area and storage in the northeast corner of the site and
adding fencing with slats to screen this outside storage area.
The zoning ordinance allows outside storage accessory to an allowed use as a conditional use
permit in the Business Park district if the following conditions are met:
1. Storage area is blacktop or concrete surfaced unless specifically approved by the City
Council.
The existing outside storage areas are gravel and the existing parking areas bituminous.
However, during a recent site visit, staff found that many of the vehicles on site were parked in
gravel areas rather than paved parking spaces. Staff finds that the gravel outside storage area
is existing today and would be consistent with the existing use. The City Council does have
discretion to approve a gravel storage area provided the outside storage area meets all
screening and setback requirements.
2. The storage area does not take up parking space or loading space as required for conformity
to this Chapter.
The storage area does not take up parking space or loading space needed to meet ordinance
requirements. The ordinance requires 22 parking spaces for the existing uses on site. Only 18
paved parking stalls exist today, therefore, the applicant is proposing to add 4 new paved
parking stalls. This would comply with ordinance requirements.
3. The storage area is screened from public streets and surrounding properties.
The storage area is screened by 6-foot chain link fencing with privacy slats. A wood fence is
currently located along the western portion of the south lot line. This wood fence would remain
and would extend the length of the south lot line as a chain link fence with slats. The chain link
fence with slats would also extend along the east and north of the lot to provide screening. All of
the parking would be located outside of the new fenced area and gates would be provided on
both sides of the building to allow access to the storage area.
Samples of the slats to be used in the chain link fence must be submitted for city review and
approval.
Section 1060.010 (Exterior Storage) requires all exterior storage to be located in the rear or side
yard and shall be screened so as not to be visible from adjoining properties and public streets.
The zoning ordinance defines a side yard as "The yard extending along the side lot line between the
front and rear yards to a depth or width required by setback regulations for the zoning district in
which such lot is located." And the zoning ordinance defines a front yard as "A yard extending along
the full width of the front lot line between side lots lines and extending from the abutting street right-
Sunram/Blocks N Rocks CUP and Site Plan(10-012) 5
June 23,2011
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of-way line to a depth required in the setback regulations for the zoning district in which such lot is
located."
The ordinance requires a 50-foot front yard setback and a 10-foot side yard setback for storage
areas.
• The new fence would be located 50 feet from the front lot line (north) and 10 feet from the
side lot line (east). This complies with ordinance requirements.
• On the west side, the existing chain link fence would remain on the lot line. However, the
plans show the addition of a 10 foot wide landscape area with sod and 4 crabapple trees.
This complies with ordinance requirements.
• On the south side, the applicant has an existing board fence that would remain and is
proposing to add a chain link fence with slats to provide screening along the entire south lot
line. While this does not comply with the setbacks or provide any landscaping, this is an
existing condition that appears to have been allowed as part of the previous approvals.
Therefore, staff finds that this is a legal condition and would comply with the purpose and
intent of the zoning ordinance with the screening fence is installed.
4. Conclusions
Staff finds that the standards for a conditional use permit amendment and a site plan amendment
have been met or can be addressed with the changes discussed in the staff report. We have
included conditions in the draft resolution to address these issues.
5. Recommendation
Staff recommends that the City Council recommend approval of the draft resolution approving the
conditional use permit amendment and site plan amendment.
Attachments
1. Resolution approving Conditional Use Permit amendment and Site Plan amendment
2. Site Aerial Location Map
3. Email from ECWMC dated April 28, 2011
4. Code Enforcement Letter dated August 30, 2010
5. Applicant's Narrative dated February 15, 2011
6. Applicant's letter dated March 24, 2011
7. Applicant's letter dated April 4, 2011
8. Preliminary Plans dated April 13, 2011
Sunram/Blocks N Rocks CUP and Site Plan(10-012) 6
June 23,2011
City of Corcoran June 23, 2011
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-25
Motion By:
Seconded By:
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND SITE
PLAN AMENDMENT FOR LEE W. SUNRAM AT 20010 75T" AVENUE NORTH (PID 26-119-
23-14-0024)
WHEREAS, the landowner has requested approval of a conditional use permit amendment and
site plan amendment to allow expansion of the outside storage area for property legally
described as follows:
Lots 3 and 4, Countryside Plaza 2nd Addition, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the conditional use permit amendment and
site plan amendment at a duly called Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the request for a
conditional use permit amendment and site plan amendment, subject to the following conditions:
1. A conditional use permit amendment and site plan amendment is approved to allow
expansion of the outside storage area at 20010 75th Avenue, in accordance with the
application received by the City on November 12, 2010 and revisions received on February
15, 2011 and April 13, 2011, except as amended by this resolution.
2. The plan complies with the required 50-foot front yard setback and a 10-foot side yard
setback for outside storage areas. The combination of slats in the chain link fence and
landscaping will meet the screening requirements. The rear yard has existing outside
storage up to the lot line a part of previous approvals, but installation of the 6-foot screening
fence will bring the outside storage into compliance.
3. The property owner is responsible for maintaining the site, including mowing the lawn on the
east side of the property outside of the fenced area.
4. The plans must be revised to add a minimum of five 8-foot high spruce trees in the front
yard along 75th Avenue to provide additional screening of the outside storage.
5. All outside storage (including the concrete patio) must be removed from the setback area
and located within the screened, fenced area approved for outside storage.
6. Employee and customer parking must be on paved, striped parking areas. Parking in gravel
storage areas is not permitted.
7. Four paved parking spaces will be added to meet the ordinance requirement of 22 paved
parking spaces for this site. Any change in tenants or site use could trigger a change to the
parking requirements and would be revised as part of a site plan/conditional use permit
amendment.
Page 1 of 3
City of Corcoran June 23, 2011
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-25
8. The plans include a note "Add Gravel as required to provide adequate base". The plans
shall be revised to state "silt fence is required along south edge of property, which is down
gradient of the proposed gravel placement".
9. Silt fence must be installed to protect the wetland prior to beginning construction.
10. Prior to beginning the site work, the applicant/landowner must:
a. Record the approving resolution at Hennepin County and provide proof of recording to
the City.
b. The applicant shall add gravel to meet the City Engineer's requirements.
i. The City Construction Engineer shall be on site to monitor grading, gravel
placement and drainage.
ii. The applicant must notify the city before beginning work.
c. The septic system (primary and secondary) must be protected by fencing to ensure that
outside storage does not expand into this area until municipal sewer and water are
available to serve the site and the property has connected to the municipal sanitary
sewer. The plans must clearly show this protection.
i. Prior to removal and relocation of the fence, the applicant must submit a revised
site plan to the city for administrative site plan approval to ensure that the
expansion would comply with all ordinance requirements in place at the time of
expansion and would not result in impervious surface coverage beyond the allowed
70%.
d. Material samples for fence slats must be submitted for review and approval by the City.
e. Electronic files of the plans shall be submitted to the City in AutoCAD format.
f. Submit a financial guarantee for the proposed work as outlined in Section 1070.050,
Subd. 9 of the Zoning Ordinance.
11. Approval shall expire within one year of the date of approval unless the applicant
commences the authorized use and completes the required improvements.
VOTING AYE VOTING NAY
❑ Guenthner, Ken ❑ Guenthner, Ken
❑ Asleson, Rich ❑ Asleson, Rich
❑ Cossette, Tom ❑ Cossette, Tom
❑ Gmach, George ❑ Gmach, George
❑ Milbrandt, Rosalyn ❑ Milbrandt, Rosalyn
Page 2 of 3
City of Corcoran June 23, 2011
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-25
Whereupon, said Resolution is hereby declared adopted on this 23`d day of June 2011.
Kenneth Guenthner- Mayor
ATTEST:
City Sea/
Jeanie Heinecke— Clerk
Page 3 of 3
Hennepin County Property Map Print Page 1 of 1
Hennepin County Property Map - Tax Year: 2011
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Selected Parcel Data Date Printed: 5/24/2011 8:57:29 AM
Parcel ID: 26-119-23-14-0024 Current Parcel Date: 5/5/2011
Owner Name: LEE W SUNRAM
Parcel Address: 20030 75TH AVE N,CORCORAN, MN 55340
Property Type: INDUSTRIAL-PREF Sale Price: $54,000.00
Homestead: NON-HOMESTEAD Sale Date: 12/1993
Area (sqft): 130539 Sale Code:
Area (acres): 2.54
A-T-B:ABSTRACT
Market Total: $516,000.00
Tax Total: $17,518.36
http://gi s.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 5/24/2011
Kendra Lindahl
From: James.Kujawa@co.hennepin.mn.us
Sent: Thursday, April 28, 2011 2:30 PM
To: Kendra Lindahl
Cc: AIi.Durgunoglu@co.hennepin.mn.us; Lance Elliott
Subject: Elm Creek Watershed review on Sunram Construction CUP
Hi Kendra,
Earlier this month I received a wetland determination letter stating no wetlands existed on this property(with the
exception of the area on the far south property line marked as wetland delineation on the existing conditions survey for
lee Sunram dated January 24, 2011). This determination was verified by me in the field today and hereby approved.
Based on the determination results and the CUP information provided back in February, no further action or reviews are
necessary from the Elm Creek Watershed Management Commission on this CUP application.
If you have any questions on this information, please don't hesitate to contact me.
Jim
James.Kujawa@co.hennepin.mn.us
Phone 612-348-7338
Fax 612-348-8532
From: James C Kujawa/PW/Hennepin
To: klindahl@landformmsp.com
Cc: Ali Durgunoglu/PW/Hennepin
Date: 03/09/2011 03:05 PM
Subject:Elm Creek Watershed Preliminary review on Sunram Construction CUP
Hi Kendra,
I apologize for being late on my comments to you for this Corcoran Land Use Application. I hope it does not create a
problem for your review and
report.
Lance Elliott of Elliott Design had requested my preliminary review in February on this site. The following are the
comments I gave to him at that time which would be the same for the City.
At this time the wetland exemption has expired, so we will need a wetland determination, or if wetlands are
determined to be present, a wetland
delineation done on the
site.
If the grading for the berm is less than 1 acre and does not disturb wetland, you will not need anything else besides
the wetland
i
determination/delineation. If the disturbed area is greater than 1 acre we will need a grading and erosion control
application and plan.
Please let me know if you have any questions.
Jim
James.Kujawa@co.hennepin.mn.us
Phone 612-348-7338
Fax 612-348-8532
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i
-� E '��-ELLI OTT
� Design�Buiid
Tuesday. February 15, 2011
Ms. Kendra Lindahl
City Planner
8200 County Rd 116
Corcoran, MN 55340
Dear Kendra,
Enclosed is the city planning application for the Lee Sunram's property located at 20010 75`h
Avenue North, Corcoran, MN.
The project will include the following components:
1. CUP amendment for outside storage for Sunram Construction and Blocks N Rocks.
2. Installing additional chain link fencing with privacy slats to screen and secure the lot
3. Adding t�ees and landscaping along west property line between fence and gravel
storage
4. Asphalt paving for four parking stalls to meet parking requirements
5. Removing the existing paver patiolwall display
6. Striping the existing lot
I am submitting the following:
1. Land Use Application Form
2. Site Plan Application Process Information as listed
3. Conditional Use Permit Application Process Information as listed
Proiect Description
Lee Sunram is looking to include both Sunram Construction and Blocks N Rocks' operations at
the property. The lot comprises of two lots which were previously joined. This permit will formally
cover both operations for the entire property.
The proposed use witl remain the same as it has been over the past several years. The area will
be used to store construction equipment, materials, and concrete blocks, paver stones, and
retaining wall block Mr. Sunram uses and/or sells the materials.
No significant improvements are planned on the site other than adding chain link fence with
privacy sfats to meet screening requirements, removing the existing patio/wall display. and
asphalt paving for four additional parking stalls.
We greatly appreciate your attention to this application and looking forward to working with yo 3ry � - -�- �;�������"
through the approval process. Feel free to contact me at any time with questions. My direct � � ,_„ �
number is 612-220-0152 and my email address is ' r���=;F� c � �'t��F� __, Y � i�� �- �° �. � � �
_ ..r� � t�a � __----
t.�rr ! � � I
Sincerely, � , I
�a I :�'.
� � _ __
� 4�
. ` ; �""� �
Lance A. Elliott, P.E � � � ---
� � � '
.�.
.�...�?...._�,.H_{�._�.
�616 Dalrym�l� Itd, Ei�ina. I��1N �5�24 www.e�lliottdesignbuild.c��m
i
-�E�-ELLIOTT
� Design�Build
Thursday, March 24, 2011
Kent Torve R,ECEIVED ��� 13 �:�It
City of Corcoran Engineer
8200 County Rd 116
Corcoran, MN 55340
Re: Sunram Construction/Blocks N Rocks, 20010 75th Ave. Conditional Use Permit Amendment
Dear Mr Torve,
After speaking with Vince Vander Top, it was determined it would be best to submit a letter
describing the above referenced project as it relates to storm water runoff to satisfy the submittal
requirements for the CUP application.
The application is for amending the existing CUP to allow outdoor storage for Sunram
Construction and Blocks N Rocks (both owned by Lee Sunram)as well as formally defining the
area which outdoor storage is allowed. The scope of the project is to provide adequate screening
and parking as required by city ordinance.
The improvements include the following:
• Install 6' high chain link fence with privacy slats to meet the screening requirements
• Removing gravel (approx. 1200 sf) and Installing sod and crab apple trees along the west
property line to define the 10' side yard setback
• Removing the existing paver patio display area (approx. 1200sf)and infill with sod
• Pave approx. 800 sf asphalt over existing gravel parking area to meet city requirements
for hard surface parking
• Stripe parking lot
• Add gravel as needed within storage area to amend the existing gravel to provide an
adequate base
Storm water summary:
• No changes in grades or direction of storm water runoff
• Decrease impervious area by approx. 2400 sf (existing impervious replaced with sod)
Feel free to contact me at any time with questions. My direct number is 612-220-0152 and my
email address is lance(c�elliottdesiqnbuild.com.
�i
in r y, �
ce A. Elli t, . .
5616 Dalrymple Rd, Edina, MN 55424
Letter of Transmittal RECEIVED APR � 3 2Q�i
�
�E�-ELLIC)TT Date: 4/4/11
� Design�Build
To: From: �
Kendra Lindahl Lance Elliott
City Planner ELLIOTT Design Build, Inc.
Corcoran, MN 5616 Dalrymple Rd
Edina, MN 55424
Kendra,
The revised plans and letter to the City Engineer are enclosed. We had to postpone the wetland
determination due to the last snow storm. I am waiting to hear if they can complete it this week.
Also, below is a tabulation of the tenants and relative gross building areas (outside wall dimensions including
stairs, halls, mech. Rooms, etc.:
The total gross building area is 7,253 sf
�
Sunram Construction/Blocks N Rocks:
i Office: 880 sf
Shop: 1779.50 sf
Mezz: 174 sf
Total: 2833.5 sf
i
� • Two employees and one receptionist. Open during normal business hours. Most employees drive to �
and park at the job site. From time to time, truck drivers may park at the facility to drive trucks or ,
equipment to the job site. There is no full time mechanic working in the shop, but one mechanic
may work in the shop on a regular basis, especially during the winter months to prepare equipment
for the next construction season.
Dr. James Seim Chiropractic: 880 sf
• One chiropractor and one receptionist. Typically one ctient at a time with the occasional dient
waiting. Open during normal business hours and some evenings.
Jay Randall (Race car storage in shop): 1779.50 sf
• Jay currently rents the west shop bay to store and repair his race car from time to time.
I Aserentipity Therapeutic Message (second floor): 880 sf
• One employee with one message table. Open during normal business hours and some evenings.
Vacant (second floor): 880 sf
Thank you for your time, and please let me know if there is any additional information that you need.
Regards,
Lance Elliott, PE
+ +
Estabi�shed���1962 INVOICE N0, 19173
L T R EY MPA Existing Conditions Survey For. F,B,NO, los2-z3
0 SU V S CO NY, INC.
LAND SURVEYORS LEE SUNRAM SCA�E: 1"= 30�
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA � Denotes Found Iron Monument
1G0113rd Anenue NorGh (163)560-3093
Minneapolis.Minnesota 55428 Faz No,S�0-352� 0 Denotes Iron Monumenf
�uru� �r� C�prt���r��� o oenoresWoad�ueserfor
�1 excavation only
_�
� __ ;� `� ; De�otes Exisiing Coniour
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��-�� �5th Avenue IUorth
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--------------- - ----------- - --- �Pr----------------�
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File Name Gregory R. asch, Minn. Reg, No. 24992
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Agenda Item 6.c.
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105 South Fifth Avenue Tel: 612-252-9070
Suite 513 Fax: 612-252-9077
Minneapolis, MN55401 www.landform.net
TO: Corcoran City Council
FROM: Kendra Lindahl, Landform
DATE: June 13, 2011 for the June 23, 2011 City Council Meeting
RE: Conditional Use Permit for Living Quarters Accessory to a Principal Agricultural Use
on the Patnode Property at 23240 Country Road 50 (PID 19-119-23-41-0001)
City File No. 11-004
60-DAY REVIEW DEADLINE: July 9, 2011
1. Application Request
Brian and Christina Patnode are requesting approval of a conditional use permit to allow a new
home on the existing farmstead. The conditional use permit is for living quarters accessory to a
principal agricultural use. The land is currently owned by James and Beverly Patnode.
The applicant is requesting a conditional use permit to develop one new house on the property
(which has an existing home that would remain) and then subdivide the property into 2 parcels next
year when the land is removed from the Metropolitan Agricultural Preserves Program.
2. Planning Commission Public Hearing
The Planning Commission held a public hearing on this item on June 2, 2011. The Planning
Commission voted 5-0-1 (Kohnen abstained) to recommend approval of the request.
At the public hearing, the Planning Commission received a letter from the landowners, Beverly and
Jim Patnode, in support of the request. The applicants were present to request approval and
answer questions.
In addition to the applicant, Tom Cossette spoke at the public hearing to question how the 1 per 40
density was calculated. Planner Lindahl noted that MN Statutes 473H.17, Subd. 2 allows
subdivision of land in Ag Preserve only if the minimum density restrictions of 1 per 40 are met and
the land continues to be used for agricultural uses. Planner Lindahl stated that the statutes do not
specify an exemption from these minimum standards, but she did contact MN Department of Ag,
Hennepin County and Metropolitan Council staff who are responsible for the Agricultural Preserve
implementation and all concurred that 1 per 40 acres is the minimum requirement and that the 78.84
acre parcel was not large enough for subdivision.
Chair Hank asked if the applicants could plat the property now and simply not record it until after it
came out of Ag Preserve. Staff noted that the City Attorney has indicated that we cannot accept an
application for this property because it is not eligible for subdivision until it comes out of Ag Preserve
(because it does not meet the density requirements). Furthermore, the City could not issue a
Landform�,SensiblyGreen and Site to Finish�are service marks of Landform Professional Services.
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building permit on the lot until the plat was recorded because there is already a home on the existing
lot of record.
Chair Hank asked if the landowner had already submitted the documents to remove the property
from Ag Preserve. Staff noted that the removal paperwork was filed and it will be removed from Ag
Preserve in February 2012.
Chair Hank asked if the existing and proposed buildings would meet the minimum setbacks from the
new lot line. Both staff and the applicant confirmed that they would.
Chair Hank asked who would own the land after subdivision. The applicants (Brian and Christina
Patnode) indicated that they would own the 10 acre lot and the current landowners (Jim and Beverly
Patnode) would own the remaining portion of the land.
3. Context
Background
On January 27, 2011, the City Council approved a wetland delineation
and topographic survey waiver for part of this 78.84-acre parcel.
Resolution 2011-005 required a topographic survey and wetland
delineation for the areas where development is proposed for new home
and associated improvements as part of the future conditional use permit
application.
Zoning and Land Use
The property is zoned Rural Residential and is guided Rural/Ag Residential.
Surrounding Properties
The surrounding properties are all zoned Rural Residential and guided Rural/Ag Residential.
Natural Characteristics of the Site
The draft 2030 Comprehensive Plan shows wetland areas in the northern portion of the property.
No new development is proposed in those areas.
4. Analysis of Request
Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance and
City Code requirements, as well as City policies. The City Engineer's comments are incorporated
into this staff report.
Patnode Conditional Use Permit(11-004) 2
June 23,2011
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A. Level of City Discretion in Decision-Making
The City's discretion in approving or denying a conditional use permit is limited to whether or not the
proposed request meets the standards outlined in the City Code. If it meets these standards, the
City must approve the conditional use permit.
B. Consistency with Ordinance Standards
Aqricultural Preserve Desiqnation
It is the applicant's desire to create a new 10-acre parcel from this 78.84-acre piece and build a new
home this year, but the subdivision is not allowed because the land is enrolled in the Metropolitan
Agricultural Preserve Program. MN Statutes 473H.17, Subd. 2 allows subdivision of land in Ag
Preserve only if the density restrictions of 1 per 40 are met and the land continues to be used for
agricultural uses. Furthermore, the Restrictive Covenants that the landowner signed when entering
the Ag Preserve also references this 1 per 40 density requirement. In this case, the 78.84 acre
parcel is too small to meet the 1 per 40 density requirements.
MN Statutes 473H.04, Subd. 2 also states that "Land shall cease to be eligible for designation as an
agricultural preserve when the comprehensive plan and zoning for the land have been amended so
that the land is no longer planned for long-term agricultural use and is no longer zoned for long-term
agricultural use, evidenced by a maximum residential density permitting more than one unit per 40
acres. When changes have been made, the authority shall certify by resolution and appropriate
maps which lands are no longer eligible." This land will come out of Agriculture Preserve in
February 2012.
Conditional Use Permit
This property currently has a single family home surrounded by land that is being farmed. The
applicants are requesting approval of a conditional use permit to allow a second home on the
property so that they can build the second home this year while the property is still in Ag Preserve.
The development rights map shows development rights remaining on the parcel and one would be
used to construct the new home.
The Rural Residential zoning district (Section 1040.030, Subd. 4(E)) allows living quarters accessory
to a principal agricultural use. This section has specific standards for approval and the following
conditions must be met:
1. The living quarters are not used as rental property.
The applicants would build the new home and would move from the existing home into the
new home. The existing home would not be used as a rental property but would be used by
another relative.
2. A maximum of one such accessory dwelling shall be allowed.
Patnode Conditional Use Permit(11-004) 3
June 23,2011
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The new home would be the only accessory dwelling on site.
3. There is a demonstrated need for such a facility for the permitted agricultural use.
The applicant's narrative indicates that Brian and Christina Patnode actively participate in
daily and seasonal farm activities and they have chosen to live on this property to share in
the family farm work. However, they have indicated that the existing home does not
accommodate their growing family and would like to build the new home.
4. The farm includes a minimum of 30 acres.
The farm is 78.84-acres.
5. The structure complies with all other Zoning Ordinance requirements.
The new home would generally comply with all other zoning ordinance requirements. Staff
has reviewed the plans against the Zoning Ordinance standards, including the general
conditional use permit standards in Section 1070.
If the City finds that these conditions are met, the City should approve the conditional use permit for
a second home on the property and find that since the home is accessory to the principal farm
house, the new home is not in conflict with the Agriculture Preserve statutes.
Plat
When the land comes out of the Ag Preserve program early next year, the applicant would apply for
a subdivision to create a separate 10-acre parcel for the new home. Staff believes that, while the
applicants may be part of the family farm activities, the request is more to allow construction of the
new home prior to subdivision than a true accessory use. Therefore, we recommend that as part of
the Conditional Use Permit approval, the City include a condition requiring the land owner submit a
plat application to subdivide the new home off from the farm (as discussed in their application) within
1 year of the Conditional Use Permit approval.
Access
The new home would gain access from an existing driveway onto County Road 50. Hennepin
County has reviewed this proposed access and has no concerns. However, the Loretto Fire Chief
did express concern about the sharp curves in the driveway. The Fire Chief inet with the applicant
on site and together they agreed to modify the driveway alignment to ensure public safety vehicles
could access the new house. We have included this as a condition of approval.
Wetlands
A wetland delineation was completed in the area where the new home and associated
improvements are planned. The wetland delineation was submitted to Elm Creek Watershed
Management Commission (ECWMC) for review and approval. The ECWMC approved the
delineation on May 31, 2011.
Patnode Conditional Use Permit(11-004) 4
June 23,2011
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The Corcoran Natural Resources Communities Quality Ranking Map shows this as a low quality
wetland. Section 1050.010 of the zoning ordinance requires an average wetland buffer of 15 feet
(10-foot min/20-foot max.) and a structure setback of 15 feet from the buffer. These buffers are
required to be installed when the property is platted, but staff reviewed the plans to ensure
compliance with these requirements. It appears that these standards will be met. Staff has included
a condition that the wetland buffer/setback be shown on the plans when the plat is submitted and the
wetland buffer monuments be installed at that time.
Section 1050.010, Subd. 4 requires a 75-foot setback from the wetland for septic and soil
absorbsion systems. It does not appear that these standards have been met. The plans must be
revised to meet this setback requirement and dimension this setback on the plans.
Septic and Well
Hennepin County must approve the septic plans and a copy of these approvals must be submitted to
the city prior to issuance of a building permit.
A preliminary well location is shown on the plans.
5. Conclusion
Staff finds that the CUP standards have been met. Staff makes no findings relative to the legal
covenants that the landowner entered into when placing this land in Agriculture Preserve nor the
impact that the new home may have on the Agriculture Preserve status.
However, the City Council could find that the CUP is being requested primarily as a means to allow
construction of a new home prior to removal of the property from Agricultural Preserve and that the
standards have not been met. If the City Council finds that the standards have not been met, they
should deny the request and provide findings for their recommendation.
6. Recommendation
Move to adopt the attached resolution approving the Conditional Use Permit, as recommended by
the Planning Commission.
Approval of the resolution requires a 3/5 vote of the City Council.
Attachments
a. Resolution Approving Conditional Use Permit
b. Site Location Map
c. Letter from Loretto Fire Chief dated April 28, 2011
d. Applicant's Narrative dated April 14, 2011
e. Letter from Landowners dated May 30, 2011
f. Notice of Decision form ECWMC dated May 31, 2011
g. Preliminary plan graphics dated April 14, 2011
Patnode Conditional Use Permit(11-004) 5
June 23,2011
City of Corcoran June 23, 2011
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-26
Motion By:
Seconded By:
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRIAN AND CHRISTINA
PATNODE ON PROPERTY OWNED BY JAMES AND BEVERLY PATNODE AT 23240
COUNTY ROAD 50 (PID 19-119-23-41-0001)
WHEREAS, the applicant has requested approval of a conditional use permit for living quarters
accessory to a principal agricultural use for property legally described as follows:
East half of the southeast quarter of Section 19, Township 119, Range 23, Hennepin
County, Minnesota
WHEREAS, the Planning Commission has reviewed the conditional use permit at a duly called
Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the request for a
conditional use permit, subject to the following conditions:
1. A conditional use permit is approved to allow living quarters accessory to a principal
agricultural use at 23240 County Road 50, in accordance with the application received by
the City on April 14, 2011 and revisions received on May 10, 2011, except as amended by
this resolution.
2. Prior to issuance of a building permit, the applicant/landowner must:
a. Record the approving resolution at Hennepin County and provide proof of recording to
the City.
b. The plans must be revised to show the required 75-foot setback for the septic system.
c. The applicant shall obtain septic approval from Hennepin County and provide a copy of
the approval to the City.
d. The applicant shall review the plans to straighten the driveway to eliminate the sharp
curves in the driveway as recommended by the Fire Chief.
e. Electronic files of the plans shall be submitted to the City in AutoCAD format.
3. Silt fence must be installed to protect the wetland prior to beginning construction.
4. Approval shall expire within one year of the date of approval unless the applicant
commences the authorized use and completes the required improvements.
5. The applicant must submit a plat application to the City of Corcoran to create a separate lot
for the new home within one year of the date of approval of the conditional use permit.
Page 1 of 2
City of Corcoran June 23, 2011
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-26
a. As a condition of the plat approval, wetland buffers and setbacks shall be
required on the lot with the new home in accordance with Section 1050.010 of
the Zoning Ordinance.
b. As a condition of the plat approval, wetland buffer monuments shall be installed
on the lot with the new home in accordance with Section 1050.010 of the Zoning
Ordinance.
c. All new and existing structures must comply with setback requirements from the
new lot lines.
d. The plat must comply with all ordinance requirements.
VOTING AYE VOTING NAY
❑ Guenthner, Ken ❑ Guenthner, Ken
❑ Asleson, Rich ❑ Asleson, Rich
❑ Cossette, Tom ❑ Cossette, Tom
❑ Gmach, George ❑ Gmach, George
❑ Milbrandt, Rosalyn ❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this 23`d day of June 2011.
Kenneth Guenthner- Mayor
ATTEST:
City Sea/
Jeanie Heinecke— Clerk
Page 2 of 2
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Apri1 28th, 2011
lCendra Eindah!
�.anc[form
800 C Butler Square
100 Nor�h 6��'Street
M�ais., M� 55403
Kendra,
1 met with the appEican� {Sriar� Patnode) on Manday April 25`�, 2011 to discuss my concerns
about the praposed dri�eway to the residents. My cancern was the two sharp curves in the dr�veway
located just off Caunty Road 50 as being able to get fire apparatus ta the residents in case af an
emergency.The applicant agreed to change the proposed driveway plan ta the plan that l have
submitted with this letter. PEease !et me know if you have any question.
Sincerely,
Jeff�euer
Loretto Fire Chief
612-221-4963
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C e r t 1 ffC a t e o f 5 u r v e y o n , � E pton,or report was preparea by me
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ond morked as shown: • 5outheast Quarter of Br�an and C�r�strna P��node thatiomndw�heiawsortne
anwoqaz 5unayor under
5ectfon 79, Tawnship sta��u�,
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Minnesota Wetland Conservatio ���Q���� mait
Notice of Decision a�.a2.� � �o:�g
Local Government Unit(LGU) Address
Elm Creek Watershed Managemerit Commission 3235 Fernbrook Lane,Plymouth,MN
55447
1. PROJECT INFORMATION
Applicant Name Project Name Date of Application
Brian and Christina Patnode Patnode Home Site Application Number
5/16/11 2011-012w
� Attach site locator map.
Type of Decision:
� Wetland Boundary ar Type . ❑No-Loss � Exemption ❑ Sequencing
❑ Replacement Plan ❑ Banking Plan
Technical Evaluation Panel Findings and Recommendation(if any):
❑ Approve ❑ Approve with conditions ❑ Deny
Summary(or attach):
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: 5/31/11
� Approved ❑ Approved with conditions (include below) ❑ Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Delineation Report for the Patnode Site by Kjolhaug Environmental Services Company, dated May 9,
2011. That part of the westerly 10 acres of Hennepin County PID #1911923410001 as identified in said
report.
_ _ . -� PaQa 1 nf;
For Re lacement Plans using credits from the State Wetland Bank:
Bank Account# Bank Service Area County Credits Approved for
Withdrawal(sq. ft. or nearest .O1
acre)
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the
approval of a Wetland Replacement Plan is conditional upon the following:
❑ Financial Assurance: For project-specific replacement that is not in-advance, a financial
assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule
8420.0522, Subp. 9 (List amount and type in LGU Findings).
❑ Deed Recording: For project-specific replacement, evidence must be provided to the LGU that
the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland"
forms have been filed with the county recorder's office in which the replacement wetland is located.
❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that
BWSR has withdrawn the credits from the state wetland bank as specified in the approved
replacement plan.
Wetlands may not be impacted until all applicable conditions have been meti
LGU Authorized Signature:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist,they have been provided to the landowner and
are available from the LGU upon request.
Name Title
James C. Ku'awa Advisor to the Commission
Signatu�^ Date Phone Number and E-mail
,,1� �� ' S/31/11 612-348-7338
James.ku jawa@co.hennepin.mn.u�
THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT
Additional approvals or permits from local, state, and federal agencies may be required. Check with all
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period
for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
This decision is valid far three years from the date of decision unless a longer period is advised by the
TEP and specified in this notice of decision.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a
petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of
this Notice to the following as indicated:
Check one:
� Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send
petition and $0 fee (if applicable)to: petition and $500 filing fee to:
Elm Creek WMC c/o JASS Executive Director
Attn: James Kujawa Minnesota Board of Water and Soil Resources
3235 Fernbrook Lane 520 Lafayette Road North
Plymouth, MN 55447 St. Paul, MN 55155
RWSR Fnrms 7-1-1n Faae 7 nf;
4. LIST OF ADDRESSEES
� SWCD TEP member: Stacey Lijewski,HCD,417 N. Sth St.,Suite 200,10'Iinneapolis,MM 5�401
� BWSR TEP member: Lynda Peterson,BWS12, 520 Lafayette Rd. N., S�.Paul,MN 55155
❑ LGU TEP member(if different than LGU Contact):
❑ DNR TEP member:
� DNR Regional Office (if different than DNR TEP member)
❑ WD or WMO(if applicable):
� Applicant and Landowner(if different)Brian c.& Christina Patnode 23240 Co.12d. SiD, Corcoran,
Mn 55340
� Members of the public who requested notice: City of Corcoran
� Corps of Engineers Project Manager Dept of Army, Corps of Engineers, St. Paul District.ATTN:
CO-R,Project Manager Melissa Jenny, 180 Stb St.East,Ste 700, St.Paul,NIN �5101-1638
❑ BWSR Wetland Bank Coordinator(wetland bank plan decisions only)
5. MAILING INFORMATI01�1
➢For a list of BWSR TEP representatives: www bwsr state mn us/aboutbwsr/workareas/WCA areas.pdf
➢For a list of DNR TEP representatives: www bwsr state mn us/wetlands/wca/DNR TEP contacts.pdf
➢Department ofNatural Resources Re ional Offices:
NW Region: NE ReQion: Central Reaion: Southern Reaion:
Reg.Env. Assess.Ecol. Reg.Env. Assess. Ecol. Re�.Env.Assess. Ecol. Reg. Env. Assess. Ecol.
Div. Ecol. Resources Div.Ecol.Resources Div.Ecol.Resources Div. Ecol. Resources
2115 Birchmont Beach Rd. 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South
� Grand Rapids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073
Bemidji,MN 56601
For a map of DNR Administrative Regions, see: http•//files dnr state mn.us/aboutdnr/dnr re�ions.pdf
➢For a list of Corps of Project Managers: www m� usace armv mil/re�ulatorY/default.asp?paQeid=687
or send to:
US Army Corps of Engineers
St. Paul District,ATTN: OP-R
180 Fifth St. East, Suite 700
St. Paul, MN 55101-1678
➢For Wetland Bank Plan applications, also send a copy of the application to:
Minnesota Board of Water and Soil Resources
Wetland Bank Coordinator ;
520 Lafayette Road North �
St. Paul, MN 55155
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
� 81/2x11 Site& Grading Plan by Otto & Associates dated 3/23/11, revised 5/11/11
❑
❑
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n..,.o _ „f;
Note: Site bounciaries on This figure are
approximate aud do not constitute an
official survey product.
s _
General Site
Location
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Figure 1 — Site Location Map
�. Patnode Site (KES No. 2011-�0�)
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Corcoran, Minnesota
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The Fasf Nalf af the Southeost QuQrter of Secfion 19,
Tvwnship 119, Range 23, HennepTn County, Minnesata.
O denote5 iron monument found 8eq�ested By: � i hare6y eertlry khat thls survey, Revised:
C e r f i fis a t e o{ S u r v e y o n pion,ar report was prepnrea by me ynwtpffaassoclafes.cnm
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Wenck Associates,Inc.
1800 Pioneer Creek Center
P.O.Box 249
Maple Plain,MN 55359-0249
3,: � (763)479-4200
Fax(763)479-4242
E-mail:wenckmp@wenck.com
ROAD STABILIZATION/DUST CONTROL PROGRAM HISTORY
TO: Dan Donahue, City Administrator
FROM: Vince Vander Top, P.E.
DATE: June 16, 2011
SUBJECT: Road Stabilization/Dust Control Program History
The City Council conducted the annual "Dust Control" Assessment Hearing on Apri128, 2011. This
hearing and process has become an annual event as part of Corcoran's road maintenance strategies.
Several questions were raised during the meeting relating to the origins, history, and intent of the
program. The purpose of this memo is to update the Council in regard to the history of the program
and past decisions made leading to our current status.
Initial reasons for assessment pro�ram
The program was initiated in 2000 for the following reasons:
• Several residents/property owners were already doing dust control applications along their
property. The city facilitated this work through a volunteer program and property owners
typically received 300 LF. of road treatment for a fixed cost.
• Certain neighborhoods desired to treat their entire cul-de-sac/road although not every resident in
the neighborhood agreed to participate. As a result, a majority of neighbors would finance dust
control for the entire neighborhood. This was not perceived as fair and they requested that they
entire neighborhood be assessed equally to ensure fairness. The Council agreed to this approach
in neighborhoods where a significant majority requested the treatment.
� Several collector roads had gaps between areas treated via the volunteer method. Some of the
gaps between areas treated by the volunteer approach were small which created poor driving
conditions (washboard) and difficulties for road maintenance. The grader would need to be
dispatched to grade small stretches; untreated gravel would be mixed with treated areas, etc. It
was therefore desirable to treat the entire collector road (including the gaps)to improve
conditions and make the road more manageable.
� The gravel budget, although significant, was not adequate to keep the required gravel base on
several roads since average gravel depth was decreasing over time. Road stabilization treatments
were considered an option to reduce gravel loss. This perception was anecdotal and expected
gravel saving could not be quantified.
i
• The City did not have sufficient capacity in the general fund to finance a dust control program.
Also, many residents were already paying via the volunteer program. An assessment program
was considered a viable approach to continue payment from benefitting parties.
Based on my recollection, these are the primary reasons for initiating an assessment program.
2001: The first assessment pro�ram
Three categories of assessments were established:
� Neighborhood Roads
� Low Density Collector Roads
• High Density Collector Roads
The basis for these categories is explained further in the text below. The assessment roll and amounts
were established with the following considerations:
• The City Attorney reviewed Chapter 429 and considered a road stabilization assessment proper
and defendable. The city has never had a property owner appeal a road stabilization assessment.
• Only properties with residences were assessed. The Council considered road stabilization
beneficial for residents. The dust control benefit to crops was also discussed but it was decided to
not assess farmland and vacant parcels.
Neighborhood Roads: Neighborhoods were assessed 100% of the costs to treat their cul-de-
sac/street. This was discussed and considered fair and equitable to the residents of the neighborhood.
The cost to each property owner was less than the previous cost of the voluntary program.
Collector Roads: Significant discussion occurred relating to the collector roads since collector roads
are used by residents living along the road, residents from other parts of Corcoran, and vehicles
travelling through Corcoran. These patterns were acknowledged in determining that it was not
necessarily fair and equitable to have residents along the collector road pay for treatment of the entire
road.
o Low Density: It was determined that residences on low density collector roads would
not be assessed any amount higher than the current voluntary program rate.
■ Residences along low density collector roads received an assessment similar to
the voluntary rate in the previous year.
■ Because the costs to complete low density collector roads exceeded the
revenues collected via assessments, the City participated by covering the
additional costs via the general budget. The City participation was on the
order of$18K to $20K.
■ Certain neighborhoods receive their only access via a gravel collector road
(e.g. Foxline/Treeline, et. al.). It was determined that these neighborhood
streets/cul-de-sacs would also be treated and that the residents of these
neighborhoods would be assessed as residences along the collector road. With
that assumption their assessment would not exceed an amount consistent with
the voluntary program.
a
o High Density: Two sections of collector roads (Becthold— Oakdale to CR 117 and
Trail Haven—CR 30 to Oakdale) have several residences along the collector road and
in neighborhoods accessing these sections of collector road. The cost per residence to
treat these neighborhood roads and portions of collector roads was less than cost per
residence via the voluntary program. It was determined that it was fair and equitable
for residences in these situations to pay 100% of the cost for their neighborhood and
portion of collector road. The City did not participate in the cost to complete these
areas.
o Paved Neighborhood Roads accessing gravel Collector Roads: Certain
neighborhoods have paved streets but their only access is via a gravel collector road.
These situations were classified as a subset to Low Density and High Density
Collector Roads. The neighborhood properties were assessed as residences along a
collector road. However, they only received a 50% assessment to account for the fact
that neighborhood street was paved.
� Assessed residents requested the City to pay the entire cost of the program out of the general
fund. It was noted that the City did not assess for seal coating and crack repair and patching of
bituminous neighborhood and collector streets.
� It was stated by the City that the savings in gravel expenses, if realized, could be applied to future
road stabilization programs, therefore, reducing the amount assessed to benefitting properties.
Subsequent assessment pro�rams (2002 to present)
� The road stabilization program has been successful in the following:
o The road surface and rideability has improved.
o Gravel loss has been reduced over the years. The gravel saved (i.e., tons/yr)has not
been quantified.
o Gravel road maintenance time has been reduced. The time saved has not been
quantified.
o Full neighborhoods and collector roads are treated and assessments throughout
neighborhoods has been equitable.
o Public Works and the contractor have adjusted application rates from time to time to
assure proper application and limitation of costs.
� The City continues to participate in the cost to treat Low Density Collector Roads. The
participation amount has remained around $20K. Increases in program costs have resulted in
increased assessment amounts.
� Neighborhoods and High Density Collector Road residences have continued to pay 100% of their
road treatment costs.
� The Council and residents have discussed the potential impacts of chloride treatments. This was
discussed in most earnest in the early to mid 2000s. No changes were made to the program other
3
than continually seeking to minimize application rates. No negative environmental impacts have
been identified.
• Certain roads have been added to the program based on requests from neighborhoods.
� Certain roads have been deleted from the program as they are upgraded to bituminous pavement.
No roads have been deleted only to revert to untreated gravel.
• The City has bid road stabilization services periodically. Typically the bid is for a multi-year
contract. The City has received favorable bids given the quantity/size of the project.
• The City has realized savings in gravel and maintenance. These costs have not been quantified as
stated previously. The gravel budget has been generally maintained such that additional gravel
can be applied. This has allowed the average gravel depth on all gravel roads to increase since
the start of the road stabilization program.
• There are still some gravel roads (neighborhood and collector)which are not part of the road
stabilization program.
• The City has routinely conducted an assessment hearing in the spring of the year prior to the
application of the treatments.
Current Status
We have produced a map which graphically depicts the current program status. The map shows:
� The current gravel roads in the program. The roads are categorized by:
o Neighborhood Roads
o Low Density Collector Roads
o High Density Collector Roads
• All parcels that are currently assessed.
� Vacant parcels along treated roads. These parcels appear that they should be assessed, but do not
have a residence. Only parcels with residences are assessed. Vacant parcels and farmland are not
assessed.
� Parcels that should be reviewed further for potential assessment. During this current review,
these parcels along treated roads were identified as potential benefitting and thus assessable
parcels. They have not been assessed in previous years, but due to oversight or changes
(development), assessments could be considered.
� Parcels that should be reviewed further for removal from the program. These parcels have been
assessed and are currently assessed, but due to road pavement the assessment may need to be
eliminated or modified.
� Paved roads are also shown on the map for references.
4
� Gravel roads not included in the road stabilization program are also shown.
Recommendations
It is recommended Council review this information and create a list of further information needed.
The assessment hearing initiated this spring was continued and will be completed this fall after the
work is completed. Council questions and direction will influence the hearing this fall.
The Council could consider several options ranging from continuing the program as currently
structured to paying for all program costs from City funds.
Regardless of the fund source, the road stabilization applications are beneficial as the road condition
is improved, gravel is retained, and maintenance time is reduced.
End of Memo
5
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Path:L:\2294\01\2011 Dust Control\mxd\City of Corcoran Dust Control Propertiesmxd Feet
City of Corcoran
City Council Meeting Minutes
May 26, 2011
9a.
The Corcoran City Council met on May 26, 2011, at City Hall in Corcoran, Minnesota. Present were,
Mayor Guenthner, Councilor Asleson, Councilor Cossette, Councilor Gmach, and Councilor
Milbrandt. Also present were City Administrator ponahue, City Engineer Torve, Director of Public
Safety Gormley, Public Works Superintendent Meister, Corporal Hamilton, and City Clerk Heinecke.
Mayor Guenthner called the meeting to order at 7:00 pm.
1. Call to Order/Roll Call
2. Pledge of Allegiance
3. Agenda Approval
MOTION: made by Gmach seconded by Cossette to approve th�agenda as presented
Voting Aye: Guenthner,Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0).
4. Open Forum
Steve Schiltz, 6480 Elm St. -Expressed concarn abc�ut the sch��luling of ball
fields in the city park The girl's team he is������assocFated with has had conflicts with
adult teams for field use. He is looking�or�clarity in the field use scl��du�ing.
Brain Lother, Hope Community Church -Aduised cour�cil the church'would
consider a land sale for the proposed public works facility.
5. Presentations - None
6. Planning Business - None
7. Engineering- None
8. Public Hearing -�Iane
9. Consent Agenda
a. 05/12/11 Draft Ct�uncil Meeting Minutes
MOTION: made by Gmach seconded by Cossette to approve the consent agenda as
presented.
Voting Aye: Guenthner,Asleson, Cassette,Gmach, and Milbrandt. (Motion carried 5:0).
1Q� Staff Reports/Memos
a. Development Review��Committee (DRC) Report
° Council acknowledged receipt of report—no action taken
b. Al�ohol Compliance Checks Report—Police
Council ac�nowledged receipt of report—no action taken
c. Dust Cantrol Calendar
Council�acknowledged receipt of report—requested additional information
for the June 23, 2011 meeting.
d. 05/17/11 Draft Parks & Trails Meeting Minutes
Council acknowledged receipt of report—Administrator ponahue updated
council that the property at Co Rd 10 and Co Rd 19 is not available for
city ownership at this time. Council asked Administrator ponahue to
negotiate an agreement with the county for city use of the area for a rest
stop.
City of Corcoran
City Council Meeting Minutes
May 26, 2011
9a.
e. Planning Report
Council acknowledged receipt of report—no action taken
f. Watershed Committee
Councilor Cossette reminded council he is unavailable to attend the June
8, 2011 meeting. Meeting is held at Maple Grove city hall 9:00 am to
12:00 pm
11. Unfinished Business
a. Sewer and Water Project-Discussion on Policies
Rusty Fifeld from Northland Securities continuec�his discussion with
council on the next steps of financial planning faf the sewer and water
improvement proj ect.
b. Public Works Facility Update
A closed meeting will be held.
c. 2010 Audit Documents °
MOTION: made by Gmach seconded by Gassette to approve the 2010 audited financial
statement as presented.
Voting Aye: Guenthner,Asleson, Cossette, Gmach,and Milbrandt. (Motion`carried 5:0).
12. New Business
a. Shared PW Agreement
Council acknowledged receipt c�fthe Draft Shared Public Works
Agreement—final agreement will be presented at a future council meeting.
b. Civic Center Alcohol Policy„
Council discussedaa possible el�ange in alcoholic beverage service in the
city�arnmunity ce�ter. Council recommended staff to update the current
lease docu�nents and resubmit at �future council meeting.
13. Claims �s Fresented
a. Escrow Claims (Fund #500)
MOTION: made by Milbrandt, seconded by Gmach to approve all escrow claims as
presented.
Voting r�ye: Guenthner,;Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0).
b: Building Inspections Claims
MOTION: made by Gmach, seconded by Cossette to approve all building inspection
claims as presented.'
Voting Aye: Gu�nthner,Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0).
c. All Other Claims As Presented
MOTION: made by Cossette, seconded by Milbrandt to approve all other claims as
presented.
Voting Aye: Guenthner,Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0).
Mayor Guenthner recessed the regular meeting at 8:32 to convene a closed session.
Mayor Guenthner reconvened the regular meeting at 9:32
City of Corcoran
City Council Meeting Minutes
May 26, 2011
9a.
14. Closed Meeting
Council reviewed and discussed a spread sheet of potential property sites for a
public works facility along with an email from Linda Kohnen expressing her
interest in selling property to the city. (documents available in the 5/26/11 agenda
packet)
MOTION: made by Asleson, seconded by Milbrandt to adjourn.
Voting Aye: Guenthner,Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0).
Meeting adjourned at 9:34 pm
Jeanie Heinecke, City Clerk/Bookkeeper
City of Corcoran
City Council Meeting Minutes
June 9, 2011
9b.
The Corcoran City Council met on June 9, 2011, at City Hall in Corcoran, Minnesota. Present were, Mayor
Guenthner, Councilor Asleson, Councilor Gmach, and Councilor Milbrandt. Also present were City
Administrator ponahue, City Attorney Carson, City Engineer Torve, Director of Public Safety Gormley,
Corporal Hamilton, Public Works Superintendent Meister, and City Clerk Heinecke. Councilor Cossette
was excused.
Mayor Guenthner called the meeting to order at 7:00 pm.
1. Call to Order 1 Roll Call
2. Pledge of Allegiance
3. Agenda Approval
MOTION: made by Milbrandt seconded by Gmach to approve the agenda as presented
Voting Aye: Guenthner,Asleson, Gmach, and Milbrandt. (Motion carried 4:0}.
4. Public Hearing
a. The Stormwater Pollution Prevention Plan Public Hearing was opened at 7:01. Susan Nel�on of Wenck
Associates, Inc presented a report on the purpose of SWPPP and the city's requirements,
MOTION: made by Milbrandt seconded by Asleson to approve close the public hearing
Voting Aye: Guenthner,Asleson, Gmach, and Milbrandt. {Motion carried 4:0).
5. Consent Agenda
a. Resolution Supporting Hennepin Caunty 911 Emergency Communications Facility
b. Resolution 2011-24 Approving Liquor and Tobacco License's
MOTION: made by Gmach seconded by Milbrandt tc�approve the consent�genda as presented
Voting Aye: Guenthner,Asleson, Gmach, and Milbrandt. {Motion carried 4:0).
6. Unfinished Business
a. City Attorney Carson presented a sample Peddler$/Solicitors Ordinance. Council discussed and directed staff to
meet regarding background checks and to update the sample ordinance language.
b. Council received a proposed update to the Civic Center Rules and Regulations. Staff directed to edit with the
council suggestions.
a City Attorney Carsan presented a memo and discussed with council the open meeting law as it relates to
property discussions, Chuek Lymango�d 81Q5 Co Rd 116 made a verbal public data request for information
r�lated t�public works fi�cility property seareh, �' ��
7. New Business
�, City Administratar D�nahue spoke witn the council about revisiting the criteria for fire protection services. Staff
directed to meet to define criteria
8. Claims a�Pr�sented*
a. Escrow Claims(Fund#�00)
MOTION: made by Milbrandt seconded by Gmach to approve the escrow claims as presented
Voting Aye: Guenthner;Asleson,Gmach, and Milbrandt. (Motion carried 4:0).
b. Building Inspections Claims-None
c. All Other Claims As Presented
MOTION: made by Milbrandt seconded by Asleson to approve all other claims as presented
Voting Aye: Guenthner,Asleson, Gmach, and Milbrandt. (Motion carried 4:0).
9. Public Works Superintendent Pat Meister updated council on the current conditions of city roads and advised dust control
application is scheduled for June 28, 2011.
Page 1 of 2
City of Corcoran
City Council Meeting Minutes
June 9, 2011
9b.
10. Review of Upcoming Council Meeting Agenda
Administrator ponahue presented the proposed 6/23/11 council meeting agenda to the council.
MOTION: made by Milbrandt seconded byAsleson to adjourn.
Voting Aye: Guenthner,Asleson, Gmach, and Milbrandt. (Motion carried 4:0).
Meeting adjourned at 8:40
Jeanie Heinecke, City Clerk/Bookkeeper
Page 2 of 2
City of Corcoran June 23, 2011
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-29
9c.
Motion By:
Seconded By:
A RESOLUTION REQUESTING TAX FORFEITED PROPERTY IN THE CITY OF CORCORAN
(PID 08-119-23-23-0012)
WHEREAS, the City of Corcoran has in interest in the property legally described as:
Lot 3, Block 2, Oak Hollow Addition, 9824 Creek View Circle
WHEREAS, the City has learned that the property is now Hennepin County Forfeited Land;
WHEREAS, the City has an interest in acquiring this land for public purposes as allowed in
SS28201, Subd. 1a.2e3 "of trails for walking, bicycling, snowmobiling, or other recreational
purposes, along with a reasonable amount of surrounding land maintained in its natural state";
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that
it should and hereby does request that the above-reference land be deeded to the City of
Corcoran by Hennepin County.
VOTING AYE VOTING NAY
❑ Guenthner, Ken ❑ Guenthner, Ken
❑ Asleson, Rich ❑ Asleson, Rich
❑ Cossette, Tom ❑ Cossette, Tom
❑ Gmach, George ❑ Gmach, George
❑ Milbrandt, Rosalyn ❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this 23rd day of June 2011.
Kenneth Guenthner- Mayor
ATTEST:
City Sea/
Jeanie Heinecke —City Clerk
Page 1 of 1
��pt� Cp`
�
�TI.
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�O�N�A�1�.�
� �
Su¢port�ng pub�ic safety
in our cDmmux�it�y
� � �.
Jun 9, O11 �
3eanie Heznecice
Deputy Cier�C
City of Corcoran
8200 Cty Rd 116
Corcoran, MN 5534Q
Dear Ms. Heznec�Ce,
The Hennepin County Sheriff�'ouxadation is holding its third annual golf taurnamer�t at
Pheasant Acres Go1f Caurse on August 4, 2011. The Foundation is a non-profit,
el�aritabl�or�anizatin��ozmed ta s�pport public safety partnerships thraug� the
Hex�epin County �heri��'s �ffice.
Tke Foundation woizld like to hoid a raffle during the golf tournament, as we did last
year. Pursuant to Minr�esota Statutes, the local unit af govern�nent wherein the raffle�rill
be canducted must sign aff in acl�r�owledgement of the raffle prior to Y1�e Staxe Gambling
Board issuing a per�nit.
EncIosed is t�e cornpleted application, form LG 220, signed by the Fo�ndatian CEO. I
understand you will have tlsis raffle pern�it on the council's agenda J�ne 23 for
consideration. Please forwat'd me the e�ecuted application after this meeting.
Thank you.
Sincerely,
� �������
�
Sandra Westerman
�f � � �`Y � : �)� ��
P.O. Box 15011 Minneapolis, MN 55415 612.664.229b �ax: 51Z.339.5555 www.sherifEfoundarion.org
Minnesata Lawful Gambling
Page 1 af 2 5111
�..���� ��?����C��1��"8 ���" ����117�?� ���"�'1P�� �PPlication fee
If ion ark or received:
Rn exempt perrriit may be issued to a nonprofit organization that; less than 30 days ore than 3Q days
- conducts lawful gambling on five or fewer days, and before the e�ent before the event
- awards less than $50,0�4 in prizes during a ceiendar year. $10a $50
�RG�����TIO�'OI �I�F0�1'�AT�C��1 Check# �
Organization name Previous gambling per�it number
Her�nepin County Sheriff Fnundation X-92443-'E0-Q01
Minnesota tax I€� numi�er, if any Fecieral etnployer ID nurs�ber, iF any �
4�-�89600�
Type af nanprafit organization. Check one. ^
�5,,��� Fraternal � �! Religious �m,�; Vet�rans �✓J Other nqnprnfit org�nizaCion
Mailing address City State Zip Cade County
PO Box 15011 Min�eapo,i� NIN 55415 Hennepin
Name of chief executive officer (C�O) Daytime phone number �mail address
George Soule 612,672,3251 george.soule@bowmanandbrooke.com
�t�ac#�a copy o�of th� �oltor�rin� fo� pro�►f of nor��rn�it st�t�s.
Do not attach a sales tax exempt status or federaf employer ID nurr�ber as they are not praof af nonprofit status.
�ianproFit prticles of Tncorpnration L)R a cu�rwenY Certificat�nf Good 5tanding .
Dor�'t have a copy? Thls certificate must t�e obtained each year fram;
5ecretary of 5tate, Business Services Div,, 380 State OfFce Building, St. Paul, MN 55155
Phana: 651-296-2$03
�IRS income tax�xemptPar� [S41(c)] letter in your organizaYion's name.
Don't have a copy? To o�tain a copy of your federal income tax exempt letter, have an organEzation of#icer
contact khe IRS at 877-829-55fl0.
�...,..._....:
;._ _;IRS-�ffiliate of national,statewide,or intern�tional parer�t nonprofit organization (charter)
]f your organization falls under a parent organlzation, attacM copies of both flf the fallawing:
a. IRS letter sF�owing your parent organization is a nonprofit SO1(c)organization with a group ruling,and
b. the charter or Eettar trom yo�r parent osganization recognizing yaur organization as a sul�ordinate.
G���l:INC �R�IMIIS�� ��1t�i3�,�SATI�M :
Name of prem�ses wF�ere the gami�ling event will be conducted. Far raffles,list the site where the drawing wiil ta�ce plzce.
Pheasant Acres Golf Course
Address (da not use PQ bax) Ci#y or township Zip Cade Cnunty
10705 �tu �Rd 116 Corc�ran 55374 Hennepin
�ate{s) of acti�ity {for raffles, indicate the date of the drawing)
August 4, 2011
Check the box or boxes that indicate the type of gambling aciivity your organization will conduct,
Bingo* _/ Raffles Paddlewheels* Pull-Ta1�s* Tipboards*
r
* GambEing eqUipment for pull-tabs, 5ingo paper, tipboards, and
padtflewheel5 must be obtained from a distributor licensed by the
��m�iling Cnntrol Board, �XCEPTIO�I: Bingo hard cards and
tringo number selection devices may #�e borrowed Prom enather
arganization authorized to conduct bingo.
To find a licensed distributor, go ta www.gt6.state.mn.us and click
an List of Licensed Distributors, pr eall 651-5�9-4000,
LG220 Applicafiion far�xempt Permit Page 2 of 2 5i��
�OCA� u�I`1" OF GOV�Rt�I���`�' �#CFC���'E��D�M��dCT:
If the garnbling premises is within city litt�its, �����g�rnbling prernises is located in a towns�ip, a
� a city oFficial must check the action that the city is county official mus�check the actian that the caunty is
taking on this application and sign the application, taking nn this application and sign the appl"scation.
A tawnship official is not requ�red to sign t�a
applica#ion.
The application is ackRVwledged wi�h nn wa[ting _..._._..�he application 9s acknawledged wfth nn wa'€ting
period. period.
_The application is acknowledged with a 30 day The appfication ls acknowledged with a 30 day
waiting period, and ailows the 6oard to issue a waiiing period, and aflows the Board to issue a
permit after 30 days (6D days�or a 1.5t cl�ss city}. permit aftar 30 days.
.�.. �The application is denied.
__7he applieation fs denied. Print co�nty name_
Print city name -----,_____._...._.._. ____._......._..............�...�....._......._._....___._. On 6ehalf of the county, I acknnwledge this applica�"ion.
Signature af county personnel receiving application
pn behalf of the ciry, I acknowledge this application,
$ignat�re o#city personnel receivinc� appiicatian _ _Y _�._��._..�__�_ _ _�
— --� ��� �� Title �ate
Title__..�__ � _ Date__..�_ (flptional} TC)Wtd�SH�P. On behalf of the township, I
�� acknowledge that the organization is applying for exempted
gam6ling activiky withrn the township limifs. [A township has na
sYaYutnry authority to approve or deny an application (Minnesota
Statute 349.156)]
print township name
Signat�re af tawnship official acknowledging application
Title Date
„
�#���� EX�Ci�Y�1�� ���7[��6t'� ����1ATUf�� Pr�nt �o�rn ar�d ha�e CE(7 sigrt
The infarmation provided in this applicatian is camplete and arcurate tp the 6est of my knowledge. I acknowledge
that the financia! report wi!! be campl�ted and r�eturned to the Board wrthlrr 30 days of the date of our gambling
activity.
Cf�i�f executive af�icer's signature t-°'�• _..�. �._.Dake �.__..,�? � � �"��
Complete a sep�rake �pplication for each gambl;ng event: FinanCi�! report and recordkee�sing
• one day of ga�rtbling activity requir�d
• two ar more consecutive days af garr�bling activity A flnanclal report form and instrtactions will
• each day a raffle drawing is held be sertt with your permit, or use the online
fill-In fnrm available at
5end ap{�lication wiih; www.gcb,state.mn.us. Within 30 days nf the
• a copy of yaur proof of nonprofit status, and acti�ity date, complete and return the
• application fee for each e�ent financial report forrn to the Gambling
h^ake chack payab�e to "5tate of Minnesota." �ar�tral Br��rd,
Q�estions?
To: Garr�bling Control Bnard Call the L.icensEng Sectipn of the Gamqling
i731 West County Road 8, Suite 300 SouCh Con�rol 8oard at 651-639-40p0.
Roseville, MN 55113
This form wifl be made available in alternative fqrrnat(i,e, large print, eraille) upon request.
Dat� privacy notice: The information Your organization's name end private data about your organization are avaiiable
requested on this form (and any address wiH be p�blic irsformatiors �fl; gaard memhers, Board sta#f whpse work
attachments) will be used by the Garr�bllrtg when received by the Board, All �eq�ires access to the information; Minnesota's
Control eaasd (Board) Ca determin�your other information pro�ided will be pepartment of Public Safety; Attarney General;
organization's qualifications to be invol�ed private data about your Corr�missioners of Administratiqn, Minn�sota
in lawfu! gambling actEvities in Minnesota, arganiza4ion untl! the 6oard 1+�Eanages'nent&Budget,and Re�enue; Legislative
Your organization f�as the riqhtto refuse to issues Che permit. When the Auditnr, natipnal and international gambEing
sugply the information; howeve r, if your Board issues the pertnit, all regulatory agencies; anyone pursuant fa court
organizatian refuses to st�pply this infarmation provided will become arder; otherindividuaisand agencies specifically
information, the Board may not be able to public. If the 8oard does not authorizec! by state ar federal law to ha�e access
d2termine yocrr organization's qualifications issue a permit, all information to the information; indi�iduals and agencies for
and, as a consequence, may refuse to issue provided remains private,wiCh the which law or leqal order authqrizes a new use flr
a permit. If your organizaklon supplies Che excepYion of yaur nrganization's sharing of information after this notice was givan;
informatian requested, the Bpard wil� be name and address which will and anyone with your written consent,
able to process your organization's remain pu�iic,
application. �ES@� F��t'i'f,
City of Corcoran June 23, 2011
County of Hennepin
State ofMinnesota
CITY OF CORCORAN
RESOLUTION 2011-28
9d.
MOTION BY:
SECONDED BY:
RESOLUTION APPROVING A TEMPORARY GAMBLING PERMIT FOR THE
HENNEPIN COUNTY SHERIFF FOUNDATION
WHEREAS, the Hennepin County Sheriff Foundation is requesting approval from the City of
Corcoran for the purpose of conducting temporary lawful gambling in Corcoran on August 4, 2011
at Pheasant Acres Golf Course; and
WHEREAS, the necessary LG220 Application for Exempt Permit has been submitted and fully
executed,
NOW THEREFORE BE IT RESOLVED by the Council of the City of Corcoran that they find
this request to be in compliance with city codes and hereby authorizes the City Clerk to sign the
resolution on behalf of the City.
VOTING AYE VOTING NAY
❑ Guenthner, Ken ❑ Guenthner, Ken
❑ Asleson, Rich ❑ Asleson, Rich
❑ Cossette, Tom ❑ Cossette, Tom
❑ Gmach, George ❑ Gmach, George
❑ Milbrandt, Rosalyn ❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this 23rd day of June 2011.
Kenneth Guenthner- Mayor
ATTEST:
City Seal
Jeanie Heinecke—City C1erWBookkeeper
Page 1 of 1
9e.
DRAFT
June 2011
387491 MDT ME230-1PW 1
9e.
EQUIPMENT SHARING AGREEMENT
This Agreement is made on June , 2011, by and between the cities of Corcoran,
Greenfield, Independence, Loretto, Medina, and Rockford, all municipal corporations
within the State of Minnesota.
I. General Purpose
This Agreement is made pursuant to Minnesota Statutes, section 471.59 which authorizes
the joint and cooperative exercise of powers common to contracting parties. The intent
of this Agreement is to create a system for the sharing of equipment and other resources
available to political subdivisions within Hennepin and Wright Counties of Minnesota
with other political subdivisions within said Counties. This Agreement pertains to non-
emergency conditions.
II. Definitions
For purposes of this Agreement, the terms defined in this section shall have the following
meanings:
1) "Automobile" means a land motor vehicle, trailer, or semi-trailer designed for travel
on public roads.
2) "Personnel" means any full or part-time employee of the parties to this Agreement.
3) "Party" means a political subdivision that is a party to this Agreement.
4) "Mobile Equipment" means land vehicles/equipment not licensed for road use.
5) "Requesting Party" means a party that requests equipment or Personnel from other
parties to the Agreement.
6) "Responding Party" means a party that provides equipment or Personnel to a
Requesting Party.
7) "Requesting Official" means the person designated by a party who is responsible
for making the request to other parties.
8) "Responding Official" means the person designated by a party who is responsible to
determine whether and to what extent that party should provide equipment to a
Requesting Party.
387491 MDT ME230-1PW 2
9e.
III. General Provisions and Procedure
1) Procedure
a) Request for Equipment. Whenever, in the opinion of a Requesting Official, there
is a need for equipment from other parties, the Requesting Official may call upon
the Responding Official of any other party to furnish equipment.
b) Request for Personnel. Whenever, in the opinion of a Requesting Official, there is
a need for additional Personnel from other parties, the Requesting Official may
call upon the Responding Official of any other party to furnish the additional
Personnel.
c) Response to Request. Upon the request for equipment or Personnel from a
Requesting Party the Responding Official may authorize and direct his or her
party's Personnel to provide equipment or Personnel to the Requesting Party. This
decision will be made after considering the needs of the Responding Party and the
availability of resources.
d) Operator of Equipment. Whenever the Responding Party determines that the
Requesting Party does not have Personnel qualified or capable of properly
operating the requested equipment, the Responding Party may specify that the
equipment be lent only if an operator of the Responding Party's choosing is the
sole party that will operate the equipment.
e) Forms. Upon a need for equipment, the Intergovernmental Equipment Sharing
Request Form, attached as Exhibit A and hereby incorporated, shall be completed
by the authorized representative of the Requesting Party.
� Recall of Equipment or Personnel. The Responding Official may at any time
recall such equipment or Personnel when in his or her best judgment, or by order
of the governing body of the Responding Party, it is considered to be in the best
interest of the Responding Party to do so. No party to this Agreement shall be
liable to any other Party for recalling equipment or Personnel.
2) General Provisions.
a) The decision to request equipment, along with the procedure for making such
requests, and the decision to respond or not to respond, shall be made in
accordance with the internal rules and procedures of the individual parties.
Failure to provide equipment shall not result in any liability to any party.
b) The provisions of this Agreement are in place for the entire time equipment is
away from the Responding Party's control, regardless of weather.
387491 MDT ME230-1PW 3
9e.
c) The Requesting Party agrees to pay for any routine maintenance required to
operate the equipment. Routine maintenance includes fuel, lubricants (grease, oil,
or other fluids), repair of a flat tire, etc.
d) The cost of any non-routine maintenance and repairs is the responsibility of the
Responding Party.
e) It is the Requesting Party's responsibility to return disabled equipment to the site
where it was taken from, or to a site designated by the Responding Party.
� Only employees of the Requesting Party may use borrowed equipment. Agents,
contractors or other non-employee Personnel will not be allowed to use borrowed
equipment.
g) It is the Requesting Party's responsibility to ensure borrowed equipment is stored
in a safe and secure place at any time it is under the Requesting Party's control
and not being used.
h) It is the Requesting Party's responsibility to ensure the equipment is cleaned and
all fuel and fluids are full before returning the equipment to the Responding
Party.
i) The Requesting Party shall be in command of all Personnel and equipment until
all Personnel and equipment are returned to the Responding Party.
j) Borrowed equipment may only be used for public purposes; regardless of any
partner agency's policy concerning private use of publicly owned equipment.
k) No use charges will be levied by a Responding Party to this Agreement for
equipment rendered to a Requesting Party under the terms of this Agreement.
1) It shall be the responsibility of the administrator of each of the parties to fully
apprise the participating Personnel of the procedures, conditions, and limitations
under this Agreement, as well as any amendments hereto.
IV. Insurance
Each party shall maintain general liability, automobile, property and mobile equipment
coverage with the League of Minnesota Cities Insurance Trust or equivalent private
liability coverage. Each policy shall have a limit at least equal to the maximum municipal
liability limit in Minn. Stat. § 466.04, subd. 1. All policies must be kept in effect during
the entire term of this Agreement.
V. Indemnification and Liabilitv
1) All parties to this Agreement recognize each other as a political subdivision of the
State of Minnesota. The Requesting Party agrees to defend and indemnify the
387491 MDT ME230-1PW 4
9e.
Responding Party against any and all claims brought or actions filed against the
Responding Party or any officer, employee, or volunteer of the Responding Party
for: injury to, death of, or damage to any third person(s) or the property of any third
person(s) arising from the performance or use of equipment or Personnel by the
Requesting Party pursuant to this Agreement. Under no circumstances, however,
shall a party be required to pay on behalf of itself and other parties, any amounts in
excess of the limits on liability established in Minnesota Municipal Tort Liability
Act, Minn. Chap. 466, applicable to anyone party. The limits of liability for some or
all of the parties may not be added together to determine the maximum amount of
liability for any party.
2) The intent of this subdivision is to impose on each Requesting Party a limited duty
to defend and indemnify a Responding Party for claims arising within the
Requesting Party's jurisdiction, subject to the limits of liability under Minn. Stat.
Chap. 466. The purpose of creating this duty to defend and indemnify is to simplify
the defense of claims by eliminating conflicts among defendants, and to permit
liability claims against multiple defendants from a single occurrence to be defended
by a single attorney.
3) No party to this Agreement, nor any officer of any party, shall be liable to any other
party or to any other person for failure of any party to furnish equipment to any
other party, or for recalling equipment, both as described in this Agreement.
4) For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the
employees and officers of the Responding Party are deemed to be employees (as
defined in Minn. Stat. 466.01, subd. 6) of the Requesting Party.
VI. Dama�e to Equipment
Each party shall be responsible for damages to or loss of its own equipment. Each party
waives the right to sue any other party for any damages to or loss of its equipment, even if the
damages or losses were caused wholly or partially by the negligence of any other party or its
officers or employees.
VII. Workers' Compensation
Each party shall be responsible for injuries or death of its own Personnel. Each party will
maintain workers' compensation insurance or self-insurance coverage, covering its own
personnel while they are providing equipment pursuant to this Agreement. Each party
waives the right to sue any other party for any workers' compensation benefits paid to its
own employees or their dependants, even if the injuries were caused wholly or partially by
the negligence of any other party or its officers and employees.
VIII. Data Practices
The parties agree to administer all data that is collected, created, received, maintained, or
disseminated in connection with performance under this Agreement, consistent with the
387491 MDT ME230-1PW 5
9e.
Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, as amended, and Minn.
Rules promulgated pursuant to Chap. 13. Each party agrees to hold the other parties
harmless from any claims resulting from a failure to comply with the Act.
IX. Notice
Any notice or demand, authorized or required under this Agreement, shall be in writing
and either personally delivered or sent by U.S. mail to the other parties as follows:
City of Medina City of Independence
2052 County Road 24 1920 County Road 90
Medina, MN 55340 Independence, MN 55359
Attn: Steve Scherer, Attn: Dan Koch,
Public Works Superintendent Public Works Director
City of Corcoran City of Loretto
8200 County Road 116 P.O. Box 207
Corcoran, MN 55340 Loretto, MN 55357
Attn: Pat Meister, Attn: Jeff Leuer,
Public Works Superintendent Public Works Director
City of Greenfield City of Rockford
7738 Commerce Circle 6031 Main Street
Greenfield, MN 55373 Rockford, MN 55373
Attn: Sunny Bjorklund Schultz, Attn: Dennis Peterson,
Administrator Public Works Supervisor
X. Amendment or Changes
The parties agree that no change, amendment, or modification to this Agreement, or any
attachments hereto, shall have any force or effect unless the change is reduced to writing
dated, and made part of this Agreement. The execution of the change shall be authorized
and signed in the same manner as for this Agreement.
XI. Entire A�reement
It is understood and agreed that the entire agreement of the parties is contained in this
Equipment Sharing Agreement and that it supersedes all oral agreements and negotiations
between the parties relating to mutual aid, as well as any previous agreements presently
in effect between the parties relating to mutual aid.
XII. Duration
This Agreement will be in force for a period of five years from the date of execution. Any
party may withdraw from this Agreement upon thirty (30) days written notice to the other
party or parties to the Agreement. This Agreement will automatically renew for subsequent
387491 MDT ME230-1PW (
9e.
five-year terms. Any party wishing to withdraw from the Agreement before a new five-year
term must provide written notice to all other parties within 90 days of the expiration of the
five-year term.
XIII. A�plicable Law
The execution, interpretation, and performance of this Agreement will, in all respects, be
controlled and governed by the laws of Minnesota.
XIV. New Members
A municipality or other government entity not a party to this Agreement may become a party
by providing signed authorization from its governing body that the terms of this Agreement
are acceptable. Such signed authorization must be in a format pre-approved by the current
parties to the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated.
CITY OF MEDINA CITY OF LORETTO
By: By:
By: By:
CITY OF CORCORAN CITY OF INDEPENDENCE
By: By:
By: By:
CITY OF GREENFIELD CITY OF ROCKFORD
By: By:
By: By:
387491 MDT ME230-1PW 7
Agenda Item l0a.
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105 South Fifth Street, Tel: 612-252-9070
M E M 0 RA N D U M Suite 513 Fa�c: 612-252-9077
Minneapolis,MN 55401 www.landform.net
DATE June 13, 2011
TO Dan Donahue
CC
FROM Kendra Lindahl, City Planner
RE Active Corcoran Planning Applications
The following is a summary of project status for current, active projects:
1. Armbruster Topography and Wetland Waiver(city file no. 09-011). An application has been
received for a waiver from the topography and wetland requirements and was reviewed by the City
Council on November 23, 2009. The City Council expressed concerns about the concept and directed
the applicant to revise the concept plan. The applicant submitted a letter extending the review period
until January 2012. This will allow the city time to complete the ordinance updates and allow the
applicant additional time to explore their options for development/subdivision.
2. Rocks N Blocks Site Plan Amendment and Conditional Use Permit(city file no. 10-012). An
application was received for a Conditional Use Permit and Site Plan Amendment to continue operation
of a business with outside storage at 20010 75th Avenue North. The application is scheduled for City
Council review on June 23�a
3. Patnode Conditional Use Permit(city file no. 11-004). An application was received for a
Conditional Use Permit for living quarters accessory to an Agricultural use. This is the follow up to the
wetland and topography waiver granted on January 27th (city file 11-001). The application is scheduled
for City Council review on June 23�a
4. Ordinance Updates. The City is in the process of updating the subdivision ordinance, zoning
ordinance and zoning map to implement the 2030 Comprehensive Plan. These items are scheduled
for City Council review on June 23�a
5. Custom Filtration Inc. Site Plan Amendment and Conditional Use Permit Amendment (city file
no. 11-005). An application received for a site plan amendment and conditional use permit
amendment for a building and parking lot expansion for the existing business at 7219 CR 116. The
application is schedule for a public hearing at the Planning Commission on July 7tn
Also, there are a number of projects that have been approved, but are still not filed and closed out:
1. Corcoran Business Park (city file 06-005). The City Council granted a one year extension to the
final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and will be
working to close out this project.
2. Kellys West Oaks (city file 07-003). On August 9, 2007, the preliminary plat was approved by Res.
2007-54. Res. 2008-06 granted final plat approval with 7 findings and conditions on January 24, 2008,
including a condition requiring vacation of an existing easement. The applicant requested and was
granted a one year extension to the approvals. On February 10, 2011, the City Council approved an
after-the-fact plat extension. The approvals now expire on November 1, 2011 unless the applicant
has complied with all conditions of approval and recorded the final plat at Hennepin County.
Landforms"',SensiblyGreens"'and Si[e[o Finishs"'are service marks of Landform Professional Services,LLC.
1
3. Lions Park (city file 09-001). The rezoning to PUD, PUD general plan and PUD final plan to
formalize the existing land uses and allow seasonal outside motor vehicle storage was approved by
the Council on August 27, 2009. The rezoning was effective on the date of approval. However, the
applicant must initiate construction of the improvements PUD within one year after the effective date of
the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time
for one additional year. If construction is not commenced within these time periods, any building
permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to
rezone the subject property. The one year period ended on August 27, 2010. Staff visited the site on
November 1St and noted that while some improvements have taken place, including permits along CR
101, the outside storage of vehicles was not initiated within the one year period and the approvals
have expired for that portion of the project. Any work on site requires submittal of plans to the city
for review and approval.
4. Northern Natural Gas Administrative Permit(city file 09-009). An administrative permit for a meter
station was approved and is under construction. The city will retain the escrow account until the
project is completed to ensure that the project is completed according to the plans. The majority of the
improvements and conditions of approval have been met. However, the landscaping has not yet been
installed. Northern Natural Gas indicates that there are still connections that need to be made on site
and landscaping cannot be installed until completed. City staff was notified that the landscaping was
installed on site and conducted an inspection June 3, 2011. The landscaping and all other
improvements were installed per City requirements. Staff will begin the project closeout process.
5. Gleason Administrative Permit (city file 10-004). An administrative permit for replacement of a
legal, non-conforming structure at 7105 CR 19 was administratively approved. The building is under
construction. The city will retain the escrow account until the project is completed.
6. Park Place Storage Conditional Use Permit Amendment and Site Plan Amendment (city file 10-
006). On September 23�d the City Council approved Resolution 2010-36 approving the request with a
number of conditions. The applicant is working to address those conditions.
7. Satellite Industries Site Plan Amendment, Conditional Use Permit Amendment, Lot
Consolidation and Easement Vacation (city file 10-007). On September 23�d the City Council
approved Resolutions 2010-37, 2010-38 and 2010-39 approving the request with a number of
conditions. The applicant has addressed those conditions and has submitted a building permit
application and has begun site work. The city has a financial guarantee in place to ensure completion.
8. Corcoran Wildlife Preserve (city file 10-009). Preliminary plat (city file 06-004) was approved on
September 27, 2007 (Res. 2007-72) with 8 findings and conditions. On September 23, 2010, the city
council approved Resolution 2010-40 approving the final plat. The applicant has 1 year to address all
conditions of approval and record the final plat.
9. AT&T Antenna Replacement at Lions Park, 7205 CR 101 (City file 11-002). An administrative
permit was granted to remove and replace several antennas on this existing tower. No structural
changes were proposed and there were no changes to the approved site plan.
10. AT&T Antenna Replacement at 23240 CR 50 (City file 11-003). An administrative permit was
granted to remove and replace several antennas on this existing tower. No structural changes were
proposed and there were no changes to the approved site plan.
MEMORANDUM 2
l 0a.
cirv aF ca�caRaru
DEVELt7PMENT REVIEW GfJMMITTEE (DRC� AGENLIA
DATE: June 13, 2011
TO: Development Review Committee (Kendra Lindahl, Kent Torve, Dan Donahue)
COPY: Jeff Carson, Jill Smith-Arens, Jeanie Heinecke, Tanya Wagner, Vince Vander
Top
*Kendra at Economic Development Association of Minnesota Conference June 15-17*
June 21, 2011 Parks Commission Meetinq
Park Dedication Ordinance (TKDA)?
June 23, 2011 Citv Council Meetinq
• Blocks N Rocks Site Plan and CUP for Outside Storage at 20010 75th Ave (26-119-23-14-
0024) (City file 10-012)
• Patnode CUP for Living Quarters Accessory to Ag Use at 23240 CR 30 (City file 11-004)
• Zoning Ordinance Amendment and Zoning Map Update
• Planning Project Update
Julv 7, 2011 Planninq Commission Meetinq
• Public Hearing - Custom Filtration CUP and SP Amendment at 7219 CR 116 (26-119-23-41-
0004) (city file 11-005)
• Update on new Variance standards
Julv 14, 2011 Citv Council Meetinq
No Planning Business
Julv 19, 2011 Parks Commission Meetinq
Park Dedication Ordinance (TKDA)?
Julv 28, 2011 Citv Council Meetinq
• Subdivision Ordinance Update
• Savoie Fields request for after-the-fact extension of Final Plat (28-119-23-43-0007)(city file
07-011)
• Custom Filtration CUP and SP Amendment at 7219 CR 116 (26-119-23-41-0004) (city file
11-005)
• Planning Project Update
Gradinq Permits (Kent)
• GR11-01 - Lee Sunram--Grading Without A Permit (south of CR 50) (PID 26-119-23-21-
0007)
DRC Agenda
Page 2
• GR11-02 –Tony Barden Grading/Excavating at 7909 CR 116 (PID 24-119-23-44-0003)
Code Enforcement (DAN/TANYA)
• Treptau--Outside Storage at 20045 CR 10 (26-119-23-11-0005)
• Wagner and Nelson--Residential Use in BP District at 6399 CR 19
• Rickson--8715 Garrison Lane (railroad car and stuf� (PID 18-119-23-41-0002)
• David and Betty Heinz--Construction of an Agricultural Building in Violation of Zoning
Ordinance Requirements at 20801 County Road 117 (PID 03-119-23-14-0002)
Applications not currentiv scheduled/Other Business
• Corcoran Business Park APPROVALS EXPIRED APRIL 12, 2011—Project close out
required
• Armbruster Topography and Wetland Waiver (review period expires January 1, 2012) (City
file no. 09-011) (Tabled at 11/23/09 CC meeting)
• Update Development Rights Map
• Schedule meeting with Mayor, Staff and Commission Chairs (DAN)
STAFF REPORT Document No. 10b.
Council Meeting: June 23, 2011 Prepared By: Tanya Wagner
Topic: MnSpect Payment Processing Action Required: None
Summary:
Corcoran City Council:
I would like to address the question regarding the turnaround time on various permits
and explain what the current process is. For a better understanding this month I have
printed the entire Excel workbook for 2011. This is the only electronic database for the
Building Permits. It is also used to reconcile the monthly MnSpect invoice.
I break the year down by month and each month has a color. That way as the permits
are billed and paid i fill in the "Payable to MnSpect" according to in which month they
are billed and paid, rather than the month it is applied for; since a permit doesn't always
get issued the same month as applied. For instance, on the May billing there is a permit
applied for in February.
Permit#11-015 New Construction 10090 Cain Road
This permit was submitted 2-4-2011. Due to incomplete surveys & building plans and
other outstanding issues the permit had not made it through plan review and back into
City Hall for issuance until May, upon which MnSpect generated billing for it. Since it
was on May's Invoice. I have it filled in orange for May.
Hopefully this will give you a better understanding of the time frame.
9
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STAFF REPORT / POLICE DEPARTMENT Agenda Item 11 a.
Council Meeting: Prepared By:
June 23, 2011 Chief Sean Gormley
Topic: Action Required:
Speed limit for rural residential area Informational Update
Background —
Text Box — Background from City Council Staff Report 01-13-2011
At the October 20t", 2010, City Council meeting, City Attorney Jeff Carson presented
Council with a memorandum related to "Speed Limit for Rural Residential District."
This topic was brought forward from a resident who lives in a neighborhood just off of
Stieg Road.
I direct officers to spend time during the morning peak travel times and afternoon
peak travel times to monitor both volume and speed.
The findings were that only a couple motorist actually traveled greater then the
posted speed limit of 45 mph. The traffic volume was light, even during peak hours.
One explanation for these findings maybe, that during the monitoring periods, Stieg
Road was snow / ice packed. This may have led to the lower speeds which the
officers observed.
I have met with the resident who brought this issue forward.
Public Works provided most recent road count data; Monday thru Wednesday, July
13-15 for a 48 hour period — Stieg Road west of County Road 101 = 730 and Stieg
Road east of County Road 116 = 463.
I will have the Speed / Message Trailer deployed in the spring on Stieg Road. This
will allow for greater data gathering; speeds and traffic counts for a full week at 24 hrs
per day and during more normal road conditions. From that data, we should be
better positioned to analyze Stieg Road speed and/or traffic volume - pattern.
Officer Jesse Olson, whose specialty duty includes the message / speed trailer,
collected the following data between 05/23/2011 thru 05/30/2011.
Staff Report/Police Department—
Page 2
Target area — Stieg Road (section of road posted at 40 Miles Per Hour)
Measurement type — Radar/ both directions
Number of vehicles measured target area — 2,232
Average speed — 32 MPH
85t" percentile — 41 MPH (% State of MN uses to set speed limits)
Maximum speed — 57 MPH
�
Discussion —
-Other points of data —
1. Morning "rush hour 6a-9a" has fewer vehicles then afternoon "rush hour 3p-6p".
2. Friday afternoon "rush hour" has approximately 30% increase in traffic flow the
Mon-Thur.
3. Monday, Memorial Day Holiday, had the greatest traffic volume peek.
4. Weekend traffic volume was approximately 40% less then weekday traffic.
Perhaps the vehicle speed is not the issue but rather the volume of traffic on Stieg Rd.
It would appear that a Speed Limit sign is missing for eastbound Stieg Road just east of
Robert Lane.
Staff Report/Police Department—
Page 3
Conclusion-
I would not recommend creating a rural residential district for the purpose of limiting the
speed of traffic.
Public works will replace the missing 45 mph speed limit sign for eastbound Stieg Road
just east of Robert Lane.
Recommendation-
No action on creating a new "Rural Residential Area Speed Limit".
� ; s � : � � s �S � r : � � � � � � � �
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•} MN Statute 169.14
' Speed laws are created for the protection of The commissioner of transportation sets regulatory speed
` ''• ' � •; the public and the curbing of unreasonable limits on state and local roads based on a thorough
behavior. To effectively enforce a law,the engineering and traffic investigation.
� public must believe that the law is
reasonable. Minnesota's speed regulations are based on the Tlzese fact�rs are considered:
same Basic Speed Law that is used in a1150 states: "No � road type and condition'��
person shall drive a vehicle on a highway at a speed greater � lc>cation and type of access points(interSections,
than is reasonable and prudent under the conditions". �� ���
entrances, etc.� ''
Statutory limits are based on the concept that uniform � sufficient length�of roadway(1/4 mile minitnum)
categories of highways can operate safely at certain preset � ��sting traf�'ic c�ntrol devices(signs,signals,etc.)
maximum speeds under ideal conditions. Whether the speed � crash hisxory
limit is posted or unposted,drivers are required to reduce � �affic volume �
speed below these values for poor weather conditions,curves � sight distances(curve,hill, etc.)
or hills and potential hazards such as pedestrians. Drivers � t�st drive results
must also reduce speed when approaching or passing � speed study
emergency vehicles with emergency lights flashing. 'The most important part of the traffic investigation is the
The�e axe the m�st common statutqry speeds: speed study. When choosing a speed,drivers take many
�� �+ 10'��mph in'��alleys '�� roadway environment factors into consideration. Therefore,
'��� � 3�'���mph on streets'���in urban districts the speed that the majority of people consider prudent is an
�� � 70��mph on rural interstate highways important value. Data is collected by performing radar
�� � 65��mph on urban inter�tate highways checks at selected locations on the roadway under ideal
�� � 6���mph an expressways �� driving conditions. Atechnical analysis is done on the results
'�� � 55'��mph on other roads to determine the 85th percen�tile. This is the value indicating
the speed at which most(85/o)drivers are traveling under.
Whenever these statutory speed limits are not the correct Experience has shown that a posted speed limit near this
value for a specific highway,the commissioner of value is the maximum safe and reasonable speed. Studies
transportation authorizes the posting of other regulatory have shown that traveling much faster or slower than this
speed limits. value can increase your chance of being in a crash.
Engineering judgement is an important tool. The traffic
I�nterstates are��t,ign aesign mwti-isne aiviaea nignways investigator must use knowledge of nationally accepted
that have eontrolled'access interchanges such as cloverleafs prinCiples Combined with experienCe to assign the safe speed.
ordiamond shaped�rinterchanges. Through traffic on Che �'>
interstate never has'�ko stop or yield. Examples:I94 or135'
August 2002
� , EXpP25SW�,/S are multi-lane divided highways but they Minnesota Department of Transportation
have entries and intersecfions�,sometimes controfled by �- Office of Traffic Engineering&
', � traffic signals. Some interchanges may exist but'they are Intelligent Transportahon Systems
not the rUle. Exanzpfes: Highsvay 10 orF7ighway 52
www.dot.state.mn.us/trafficeng
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REGiTLATORY SPEED LIMIT SIGN Will lowering the speed limit reduce speeds?
NO. Studies show that there is little change in the speed pattern
This black and white sign shows the maximum speed after the posting of a speed limi� The driver is much more
that a motorist may travel under ideal conditions. It influenced by the roadway conditions.
can be a statutory value or else it must be authorized
by the commissioner of transportation. Will lowering the speed limit reduce crash frequency?
NO.Although lowering the speed limit is often seen as a
ADVISORY SPEED SIGN cure-all in preventing crashes,this is not the case.Crashes are
most often the result of driver inattention and driver error.
This black and yellow speed sign is used to advise However,if a posted speed limit is unrealistically low,it creates a
� �� � motorists of a comfortable speed to navigate certain greater speed variance(i.e. some drivers follow the speed limit
situations. It is used with a warning sign. For while most drive the reasonable speed). This speed variance can
instance,when traveling on a winding road,the curve contribute to crashes.
�� waming sign would be used with an advisory speed
MpH , sign. This sign may be posted by the local road Why do we even ha�e speed limits?
authority on local roads. A uniform speed of vehicles in a traffic flow results in the
safest operation. The posted speed limits can keep the traffic
SPEED LIMITS IN SCHOOL ZONES flowing smoothly provided the majority of drivers find the
speed limits reasonable. To best do this,the limits must be
consistent throughout the state.The speed limits also give the
scHOO�' Local authorities may establish school speed limits on motorist an idea of a reasonable speed to drive in an unfamiliar
��� local streets,within a school zone,upon the basis of location.The speed limits are used by police officials to
an engineenng and traffic investigation as prescribed identify excessive speeds and curb unreasonable behavior.
by the commissioner of transportation. This
regulatory speed limit is in effect whenever children
are present,such as before and after school or during � ���� � ���" � ��� ��
� recess. The school plate is black and yellow and the �
other signs are black and white.Optional flourescent If you believe that there is a safety concern or an inappropriate
yellow green may be used for the school plate. speed limit posted,the person to contact depends on the type of
road.
SPEED LIMITS IN WORK ZONES
TRUNK HIGHWAYS
Advisory speed limits are used to identify safe speeds For regulatory and advisory speed limits on the trunk highway
'� i�� for specific conditions within a work zone. These system,you may contact the district traffic engineer at your
black and orange signs are always used with warning Mn/DOT district office.
� signs. The local road authority can post these plates in
work zones on local roads. The trunk hi hwa s stem includes:
��. � Y Y
� � Work zone speed limits are short term regulatory � � ���rstat�Highways,
speed limits that are established for worker safety due � �•�-Highways and
Fi�ES ❑ Minnesota State,Highways
oa����'� to traffic in adjacent lanes. These speed limits range � � � � � � � � ��
� from 20 mph to 40 mph on two lane-two way roads LOCAL STREETS AND HIGHWAYS
and up to 55 mph on divided highways.They can be For these roadways,you may contact your local road authority
posted by the local road authority in active work zones (county,city,or township).For advisory speed limits: The
on local roads. The FINES DOUBLE plate is black local road authority can determine these advisory speeds and
and orange and the speed limit sign is black and white. post the plates without authorization from the commissioner of
transportation.For regulatory speed limits: The local road
Temporary speed limits in construction zones are authority can pass a resolution requesting an investigation by
sometimes needed for long term construction projects Mn/DOT. Based upon the results,Mn/DOT may then
or detour routes. These regulatory black and white authorize the local road authority to post new speed limits.
signs are used when a reduced speed is needed for
driver safety. Ualid 24 hours a day, 7 days a week, �e phone numbers to call for state or local assistance can be
these must be authorized by the commissioner of found in the phone book under government listings. If you are
transportation for any roadway. unable to find the proper phone number,you may call the
� � Mn/DOT Information Center at the following numbers:
See the website: www.dot.state.mn.us/speed �� 1-800-657-3774 Greater Minnesota or
for more infarmation on'"Work Zone Speed Guidelines" 651-296-3000 Twin Cities Metro Area
_ J DOUBLE FINES wi11 be im}�osed for violating any regulatory speed limits in work zones or
�'� '� ��� � � in school zanes Fines are also double for failing to reduce speed when passing by a stopped
�`- �� ����� '�� emergency vehicle with its lights flashing. �����
n�� ������'��� J When'an EMERGENCY VEHICLE is approaching you,move to the closest shoulder
'�� without crossing the path Qf the ap�roaching emergency vehicle. You may graceed when the
emergencyvehicle'���passes you. If you are'���approaching a;topped'���emergency vehicle with its lights flashing,immediately reduce
speed and,if it's safe to da'so,move aver in yaur lane away fram the stopped�merg�ncy vehicle. Drivers should actually change
lanes if there are two or more lanes in the same direction and there are nc�vehicles in t�eir path.'��
11b,
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'' I Crit�ria List. Tom"s list� i j �
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� �' updated by Rl�619111' � ' �
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� Je�f Schalo_ i ...m .�agle Ridg� . �. Kerber ..... _ Hop�Church..I.. .. M Hodgin J.._....._�--�Mat�sson_ � 5t�wa�
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� b��w��n frail hav�n& ;�1�95 co Cd 50•�sw I � h �
�Just w�st of Cain on co jusk�ast of eagle ridg� nw&sw corner of t�ail nw corn��of co rd 30& bechtold so side of c�10�corner of rrail haven&co��Co�ne sfr� I� &co
Location rd 1 n rd,�o of co�d 5p ha�en&co rd 10 co rd 11 fi ' ' rd�0
(king b�n rd) �rd 50 �
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... ... -- ��5,9 ac�es,...about 8 �_,..........-�---..__..............31 acres ...._.--------1,5 acr�s.............._—._._.....- �2•21 acres—_........µ __ 1�6 acres..,..........-- -.app�'...i...,._-.------____._..
Parcel Si�� ..-----;----... ... __-- I�Q acres I..., ..__ ;
o�1D acr�s
� subdivided
..._.........____._.........._�_._................-------.__....,.......-- -- -
.............._.�..........,......_ lusable.... I n an...i......_._..___...__......,,.......... _,..........-----..._. ,
Rpprox 10°lo w�f a d d' . . .. __ �approx 23 acres
. fr� buff�r 2�1o•5010 . 2�°In-50... <25°l0 ..2�°10-50°l0 ;buildablB ��5°l0
Wetla�d._...,., ,,.--�---. ___._.�_...._... --..............�.-0--D..._.,......,,. - -__......�/o -..r,.,._.___---,......_..._.. ..r.........................,._ �..,......._._-----._..,...............-- -----_..._.
Rc� . . _ ico r . ___..._.�......_...i__._._ ,ai6 hav�� Ico rd 30 co rd 10 __�..,...._.........._ 'c�50........,. _ co rd�0 or str�hler
.,.ess___�...._.�..._._ �o rd 10.....,......_._.._.�_.......d 5D co rd 10 or tr.......�._..�_�...... .._r ,�...........w._.----
; pK[rla�ote;Rcc�ss fo �
Sight Lines �arginal,but�tobably margir�al,but probably �OK �OK,but p�oximate�o King 8en Rd is QK but marginal,but probably
ma�ageable manag�abl� i int��section access fo usable �manageable
I _...........___.�w�stern parl is�ol� OK
_..... ... .... .�---y — ...... _ ... -
Guidance low densit_res,3-�upa law d�ns�ty res,3•�upa noi��MUSR.m..w. mixed us�... _ ��of i�MUSR ._ m..... . nof in MUSA. _��oti in MUSA _---....._.
SewerPhasing �i202�-�D30 2D2��203D na 2�15-20�D Ina 1na �a
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Comafibdik----.„. ., ---- . _..._. ........--... .............. .— ... i ---- ...._.__.__i__....,..., � __.....�... ... .—._ .,,......... .
P .Y
. �compafibl� ...__�...�.co�pat�ble.��_,..... ..,„compatible..,.., _ compahbl�_�,,���.�..ico�patibie ........ compalibl�.._—._�. I,compatibl�
Cu��ant
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Fudure not compalibl�wlcomp nof compatible wlcamp Campafibie not compa�ible wlco�p campatible compalibl� �
plan plan ,plan �
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W�tland and tree ar�a I buildir�g could be built on kafhrade proparty, �lopes generally to fhe �
make good buff��towa�d;soufh siqp�facing c�50, �r�0 splifs(his prop��y--immed w�sf;is guided the mo�1 westerly pq�tip�south,away from cr 5D, �
� busldi�g wauld probably of fhase 3 Iqts would slop�s to the south
Ofher remark� �orth and west. Only a lo�o�norfh slope hidd�n mixed��side�tial, V� ; foward huge welland,
b�located o�south �likely be tihe best buildi�g �1owatd co rd�0
strip alo�g 10�xtanding ;from cr�0� Rr�anxious iporlio� i�n�ious to��II us ';ar�a V� a�xious fin s�ll us
to Gain is usable, 1n s�ll u� ; �o erf . ; i ro ert .
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Wenck Associates,Inc.
1800 Pioneer Creek Center
P.O.Box 249
Maple Plain,MN 55359-0249
3 3i (763)479-4200
Fax(763)479-4242
E-mail:wenckmp@wenck.com
SEWER AND WATER SCHEDULE
TO: Dan Donahue, City Administrator
FROM: Kent Torve, P.E.
DATE: June 14th, 2011
SUBJECT: Sewer and Water Schedule
Background: The sewer and water project has been moving forward with discussions with
landowners, financial presentations to Council and an update at every Council meeting. The attached
schedule shows the proj ect tasks and month of completion as we move into summer field work.
Summer Tasks: The delineation of wetlands and surveying of property corners and topography will
occur in the next few months. The wetland delineation work is scheduled for June and surveying will
be completed by mid-July. At this time we view soil borings as having the flexibility to be moved to
late summer or fall.
Feasibilitv Report: The feasibility report is necessary should assessments be utilized
for funding of non-TIF eligible expenses. Rusty Fifield of Northland Securities will
discuss this in more detail at the July 28th meeting along with an update to financial
modeling.
We propose holding an open house for public information at the 2"d meeting in
September, with the Feasibility Report also being reviewed by Council and calling for
a public hearing on November l Oth. The proj ect may or may not utilize assessments,
however this schedule allows the City to maintain all options throughout the year.
The water agreement with Maple Grove is expected to be received in July which allows the Council
to incorporate these costs in the project planning and policy decisions. Ordinances, finances
including cash flow projections will be additional information provided for Council review. I have
forwarded this schedule onto Kendra Lindahl for study in relation to the ongoing ordinance process.
Fall and Winter Tasks: The preliminary design will be completed for the feasibility report and final
design will take place beginning in December. The bid process will occur over January and February,
allowing for awarding a contract in March. The goal of the winter bidding process is May
construction start when road restrictions are removed.
Surveying and preliminary design information will be used to describe the easements for negotiations
with landowners. Easements will need to be acquired by February prior to awarding a contract.
End of Memo
i
ZO1112012 Schedule for Sewer and Water iltility Project
Sewer and Water Project Schedule
July August September October November December January FeblNlar MarlApr May
Tasks
WetlandslSur�eyinglSoil Bor�gs
Order Feasibili�y Repor�
Complete the Prelimina�Design
Open House
Recei�e Draft Feasibili�y Repor�set Public Hearing . .
Preliminary Assement Roll and
Authorize Final Plans and Specs
Council re�iew pla�s and specs
Authorize bidding
Easement legal descriptions and offers
Easements Acquired
Bid Adver�isement and Opening
Assessment HearinglAward Con�a�t
S�ar�Co�stru��on
Water Agreement
Ordinances and Finaucial Tools
Model Ordinance Discussion
Capital Itnprovetnent Plan
FeeslDpera�on Cash Flow
Agenda Item 13 a-c.
Cnuncil Meeting Date: 6/23/2011
CLAIMS LlSYING Prepared By: jheinecke
CHECK RANCs�: 18686 - #6T27
Agenda fiem: 13a. FUND#500 �scrow Claims
Paid to Amount Project name
Landform 373.75 B1oc�CS 8�Ftocks 90-012
Landform 172.50 Custnm F 11-005
�.arrdform 460.04 Brian&Chrisiine Patnode 11-OQ4
�ota! 1,006.25
�Total �'�nd#5U0 $ 1,OQB25
(See at#ached Check []etail Register}
Agenda fiem: 13b. Buildinq insqection Claims
Paid l'o Amount
M NS pect 8875.18
7'otal Building Inspections Claims $ 8,875.18
(See attached Check Detai! Register)
Agenda item: 13c. AE!Other Claims $ 70,631.92
(See attached Check Qetai� Register}
Total of Auto Deduc�ions 90,151.92
TOTAL EXPE�[b17URES FOFt APPROVAL $ 17p,S65.27
Auto Deductior�s 1 Efectronic Fund Trans#er 1 OtE�er Dishursements
Dafe Paid to Amaunt
6121'I1 N�T I�AY 28,�67.17
613/11 PAYROL�TAXES 9,809.99
6/3191 PAYCFiEX FEE 199.57
616/11 PERA 7,363.08
616111 CITISTREET-DEFERRED COMP 3,124.23
6/6111 CITISTREE�-HEAL3H SAVINGS 1,496.49
6/7111 US BAI�K-HSA 1,3$6.54
517/11 FFtANCO POSTALIAIPOSTAGE 350.00
6115/'f 1 MN G3EPT R�V-FUEL`�AX 83.60
6116/91 NET PAY 27,967.93
61171'31 PAYROL� TAXES 9,608.42
61171'11 PAYCH�X FEE 194.�
Total 9(3,151.92
H:1City Nall InformatianlClTY GOV�RNM�NTICouncsl,Commissions&CammitteeslCouneil InfarmationlGouncil Clairr€s12011 Claimsxls
CITY OF CORCORAN O6l17111 9:00 AM
Page 7
*�heck Detail Registe�
.�u�e zo��
Check Amt Invoice Coertment
10100 �armers State Bank
Paid Chk# 015686 6/23/2011 ASPEN EQUIPMENT �������.���m�T�,����� ������� �����
E 415-43100-580 Qth�r�quipment $12,928.67 10086d55 AIR COMPRESSOR
..,.. ___--- __
Totai ASPEN EQUIPMENT $12,928.67
Paid6Chk# 018687 6/23/2011 CARSQN,CLELLAND&SCHREDER ����W�������m�����.����.
E 10fl-41900-3Q0 Professional Srvs(GEN�RAI.} $343.75 06031�[ PE�DLERSISOLICITORS ORDINANCE
E 1pp-416p0-300 Professional 5rvs(GENERAL} $1,772.99 06031'f CIVIL LEGAL
E 140-42100-364 Legal Fees $3,452.93 060311 CF2IMINAL
E 205-42100-3Q4 Legal Fe85 $16.83 060319 FORFEITURE
_.,_�,._...
Tokal CARSON,C�.ELLAl�D&SCHREDER $5,585.50
Paid Chk# 018688 6I2312011 CDW GOVERNMENT ����������
E 100-41951-2fl7 Computer Suppiies $25.84 XNG2314 �VD CD-R R�PAIR
Tatal CDW GC�V�RNM�NT $25.94
Paid Ghk# 018689 6(2312011 C�N'TERPqWT ENERGY HqUSTON�����.���� �,�������
E 1Q0-41941-380 Utility&Services(GENERAL) $32.25 Ofi0611 NA7URAL GAS
E 140-45200-380 Utilsty&Services(GENE#�AL) $29.$9 p606'i 1 NATURAL GAS
.,..,.._..,.._._...___. _
Total CENI'�FtPO11VT�NERGY HOUSTON $62.24
Paid Chk# 018690�6/2 312 0 1 1 CINTAS-470 �.�.�,���.�,����.��p.�-,M..��„��,�N��n,W,,��.��.�...W,u�„���w�..,..,.w..�.,�
E 1d�-42100-223 Building Repair Supplies $23.&2 470651155 �LOOR MATS
E 140-4194'[-210 Operating Su�plies(GENE}�AL) $35.02 470651156 City Hall Scraper Ma#
� 14a-43100-210 Operating Suppiies(GENEF2AL) $55.56 470651157 PW Towe3s
E 1d0-43100-417 Unifiorms $117.13 47Q651158 PW Uniforms
E 140-42100-223 Building F2epair Supplies $23.62 470654363 FLOOR MATS
E 1b0-41941-210 Opera#ing Supplies(G�NERAL} $35.Q2 47D654S37 Ciiy FEall Scraper Mat
E 100-431Q0-417 Uniforms $89.72 470654638 PW Uniforms
E ip0-42100-223 Building Repair Supplies $23.62 47065$044 FLOOR 9VIAT5
E 100-41941-21D Opera#ing Supplies(GENERAL) $35.02 470658045 Cify Hal!5craper Mat
E 100-4310�-210 Opera#ing Supplies(GENERAL) $51.30 47Q65&D46 PW Towels
� 1p0-43100-417 Uniforms $$8.63 470658047 PW Uniforms
__,....._............... .....
Totai CINTAS-470 $578.36
,�,.,.��„�,,,,..���,��„n.�,.�.....,��,.�..�,��.��,.�..v�_,�,.,_...�.�.�.�.Am��.e.�,�..��.m.,,.,,�..��..,d..,�.,,�.�,...�.,�.�,_..�,,.mM..,�,m..ea.....�.m�.�..W.��.ma n�,.,,�.�.,,.�,.�,�.�,.��.._..�._e_.,.,_.,e...._,...
Paid Chk# 418691 6I23/2q11 COORQiNATED BUS#NESS SXSTEMS
E 1fl0-421�0-Z00 Office Supplies(GENERAL) $112.64 CNIN072fi63 Copier#20b0
Taia! GOARDINATED BUSINESS SYSTEMS $112.64
Paid�Chk#018692 6/23/2011 DEHMER FIRE PROTECTION ��.���.��NV�..�.����������N��,M.~���~.mm
E 100-41949-210 Opera#ing Supplies(GENERAL.} $30.�q CITY HALL ANNUAL INSPECTION
E 1�0-421�0-210 Opera#ing Supplies(GENERAL) $81.15 PD #555 FIRE EXT R�FILL
E 1Q0-43100-210 Opera#ing S�pplies(GENERAL) $157.20 PUSLIC WOR ANNUAL INSPECTfON
- -- ..__..,..__._..._,..
Total DEFEMER FIRE PRQTECTION $278,35
Paid Chk# E118693 61231201'i�FRANCOTI'P-POS�ALIA INC.�m�R��.���m�����������W�,��������,_
E 1Q0-41941-201 Postagel5hipping $135.01 052911 QTR METER LEASE
Total FRANCOTYP-POSTALIA 1NC. $135.01
CITY OF CORCORAN �6/17111 9:0�AN�
Page 2
*Check Detai� RegisterQ
June 201t
Check Amt ]nvoice Comment
�aid Chk# 01$694 6/23/2091 GROVE NURSERY
E 'i00-45200-221 MaintenanCe ProjeCts $1,457.78 2194p2fl0 TREES
Tntal GROVE NURSERY $1,457.78
Paid Chk# 01&695 6123/2D']1��HAMEL BA3EBALL �..�,.�..�....����,.�..,..�.,,,..,_.._.w,.�._..,...,..�.�.._......,.__.ry�,m.........,�..,...._._._,..._.,.:.
R 1d0-45200-34101 Faci4ity Rental $125.D0 REFUND �I�LD USE REFUND
_.___.__..._.__..._........
7otat HAME�.BASEBALL $125.00
Paid Chk# Q18686��6/2312011M IiANE1LTON,JOHN.,�..�....�,,..�.����� ��,�..�.,.M�...,.,���.��,.�.��m.
E 'f00-42100-321 Telephone $29.99 7EI��PHONE SECURITY SOFTWARE SMARTPFiONE
��..�.,..�..,..��_.,..,._,_...,_,_.
Total HAMILTOId,,fOHN $29.99
Paid Chlc# 018697� 612312D'11 IiANOVER,CITY OF ��p�������������mm
E 'i00-42204-3Qp Prafessional Srvs(GENERAL) $11,521.93 2Nd QTR 2ND QTR FIRE PROTECTIQN
Total HANOVER,CITY OF $11,521.93
Paid Chk#018698 6123/20'11 9� FfEALTH PARTNERS �'m""�m���� �����1���m�������mP�� �
E 100-42�02-131 Err�ployer Paid Hasith $95.A0 37'750875 EMPLOYER PAIC?H�A1�TH
E �500-42�00-131 �mployer Paid Health $367.05 37750875 EMPLOYER PAIO HEALTFt
G '�00-20245 Reimbursements $367.p5 37750875 �MPLOYEFt PAID HEALTH
E '!DO-4130Q-131 Err�ployer Paid Health $1,090.46 37750875 EMPLOYER PAID FtEALTH
E 1 04-42 1 00-1 31 Employer Paid Health $2,485.82 37750875 EMPLOY�R PAID HEALTH
E 106-41400-131 Employer Paid Health $516.76 37750875 EMPLOYER PAIC?HEALTH
� '100-43100-131 Employer Paid Health $5,654.88 37750875 EMPLOYER PAID HEALTH
Total HEAL'fH PARTNERS $10,577.42
�Paid Chk# 09$699 .���6/23/2099 FiENN CTY INFO TECH ,��,�'.�.,..��,�'���,�...,,�..,�,�,�,���,.,�,��_.m._.a.e.��_._..�.��.....a.v�e_ �w�._�._.��..�_e�_e
E ']Od-42104-323 Radio Units $884.67 110538108 RRQIOIM�C MQ�i7HLY L.EASE
E 'i00-43100-21p Operating Supplies(GEN�RAL) $112.00 110538199 RADIO ADMIN FEE
_--- —___
Total HENIV CTY INFO TECH $996.67
Paid��Chk#01$700,,,.,,m.61231209�9 n�HENNEPfN�COUNTY�,m.���,e.,.,.�,.�...��w.,�.��._a�,,.�.�,��w.�. �,�...,.,...»w��..u,.�w..m..,,.�,�.�.�.�.d_...�.,�.,�,_....��.,..,.M�.eW.,�,�„rww,,,.��.�
E 90d-41 94 1-2 1 0 C�perating Supplies(GENERAL) $171.20 NAPS HALF SECTION MAP
_....... ................ ...
Tota1 H�NNEPIfJ CqU1�T'Y $171.20
Paid Chk#an01&701 ����V 6/23/2D31�FfENNEPtN GTY TREA3-ACF ACCT RE w��WU�����rT��rn..A��������.�����",��.
E 10Q-42�00-301 Prisoner $27D.Q0 20114 PRISDN�Ft FEE 1NORK HOUSE WORK RELEASE
Total HENNEPIN CTY TREAS-ACF ACCT RE $27t}.00
�Paitf Chk#098702����µ6l23/20�1� JOFEN DEERE L.ANDSCAPES ���M����,����M,������tl��µ��������.���.��.�����
E 'Ip4-41941-21Q Operating Supplies(GENERAL) $44.62 58077273 MARKING FLAG
E 10(3-41 941-21 0 Operating Supglies(GENERAL) $277.88 58Q77391 POP UP ROTOR
...... ...... .............
Total JOHN UEERE LANDSCAPES $322.50
Paid Chk# 018703� 6I2312D71� �KUSSMAUL ELECTRONICS GD y�w���m����„�w�w.„.��y,�������.��tl��������m
E 41 6-42 1 00-2 1 0 Operating Supplies(GENERAL} $539.00 39609 NEW SQUA�BUILD UP
7otal KUSSMAl3L ELECTRONkCS CO $539AQ
Paid�Ch[c#�018704� 6I23/2D11 �LANDFORIIAW.�.NM.�<Tw�M,..,�.�M,M,����.�.�..,�„�.�...�,�m�_.��...._��.m�..�_._..,._.��._..,W,.e�..,.�.�__. __..
CITY OF C�RCORAN 06/17/11 9:OD AM
Page 3
*Check Detail Ftegister�Q
June 201�1
Check Amt Invoice Comment
G 5D0-20268 Blocks&Rocks 1a-0'!Z $373.75 20156 PLANNING
E 140-49910-304 Professinnal Srvs(GENERAL) $4,312.50 20156 OR�INANCE UP�ATES
E 10p-A1910-304 Prafessianal 5rvs(GENERAL) $&.67 20156 Mll��ACE
G 500-20272 Custom Fiitration 11-Qp5 $172.50 20157 PLANNING
G 5a0-20271 Christine Fatnode 11-D04 $460.OQ 20157 PLANNING
E 10D-41910-3Da Prafessional Srvs(GEN�RAL) $1,22A.84 2q157 CI'�Y MEETINGS
_......,._..,.._.......................
1'otal LANDFORM $6,552.26
Paid Chk# 01$745��6/23/2011 LANp EQUIPMENT ����������� ��",����m,.��w���,y�.����-,�
E 100-452D0-21d Operating Supplies(GENERAL) $78.33 198065 SUPPLIES
Tokal LANO EQUIPMENT $78.33
�,��M ��,.�, __ _.. �,�.�»..�...�,.�,.�..,�.._.�.._._�,� �_w_.._.,...�...
Paid Chk# 0187Q6 6/23/2011 LOFFLEFt
E 1g0-41941-207 CompuYer Supplies $862.42 1249188 QTRLY CC3NTRACT
E 100-41130-351 Newsletter Expenses $341.34 1249188 SPfiING NEWSI�ET7ER
Total LO�F[.�R $1,2D3.76
Paid Chk# 01m8707 W6123l2Q11 �MENARDS�,�,�„M,,.�.��v.�,.,,.._.�,,_...,.�.�,,...�.�, ...��..�,.,m.�n,.�.��....,,�,..�...,...,,,�..�
� 100-41.94�-210 Operating Supplies(GENERAL) $20.76 3915 SUPPLI�S
E 100-43100-223 8uilding Repair Supplies $8.53 3916 SUPPLIES
E 100-43100-223 BuiEding Rep�ir Supplies $30.60 7109 SUPPLIES
'Fatal MENARDS $59,89
P�id Chk#0187Q8�612 312 0 1 1 MIKE'S FEX 1T �HI���G��������� ������„�����
E 100-42100-220 RepairlMaint Supply{GEiV�RAL) $92.6'1 2281 #552 REPLACE THERMQSTAT
...,..,. __.___
Tata1 M{KE'S FIX IT $52.67
�Paid Chk#Y0�8709 6123l2011 MfNI BIFF,LLC .������,�w,��,�,. ...�.�w�..���.��,�..��.����
E 100-45200-214 Operating Sup�lies(GENERAL} $205.65 A44103 F'ortable Biffs-Ci#y Park West
E 100-45200-210 Dperating SuppEies(GENERAL) $75.53 AA4137 Portable Biffs-Lions Fieid
E 1�0-45200-210 Qperating Suppiies(GENERAL} $75.53 A44138 Portable Biffs-MeisterlSchneid
__,_.,.._.,..,..,_.,.._.,...
Total MINI 61FF,LLC $356.71
PaidChk# 0'i871D��6/2312011� MNSPECT ,m.a..,.,.,.<.,,n,.,.�,,.,..��.����.,�,...�.�.,�,..m�..�._.�..��,�,�....M�,.,..,w.,�,.�..�,.a.�,,,�,.�.,m..,,,�..m,.�.,.�...�„,�.._.._.._�..,�
E 100-42100-340 Professionai Srvs(G�N�I�AL) $8,&75.18 5297 MAY 2011
..,.......,.�..............
Total FViNSP�C7 $8,875.18
�.,.T,�..,,�,.,,�m.,,�,�,�,�,.�,��..�µ,..�.�.��,..,.��..«�.�„n».,.,���r.,e..,,._.....�,,.m_..��...,M�.,,.�, �.A,.,.�,..,W,�m.�.�,..w,,,,...,,�,,,,�.R,...,.�........_..,_,....�,...........,.,.,..�.�:wM�....�.�...._.�.e_W�.�...__..�_....,
Paid Chk# 098711 6/23/2011 NAPA AU70 PARTS-MDNTICELLO
E 100-43100-22Q RepairlMainf Supply(GENERAL) $84.55 474p27 SUPPLIES
E 1 00-431 00-22 0 Repair/Mainf Suppiy(GENERAL} $6.99 474384 SUPPLIES
E 100-4310C#-22Q RepairlMainf Supply(GENERAL) $25.79 474417 SIJPPLlES
__
Tatal NAF'A AUTO PAFiI"5-MiONT10ELL0 $117.33
Paid"Chk# 0'18�7'E2.��.��6/23l2011�.��YNORThi AMERICAN RESCUE L.l.0 �.�»���TE�,.v,..�.m...�___„e,,a�.,..ww...�_,�.._..�.w..m.e.w_,._�.�....e._�.._....._.__,._
E 100-42104-210 Operating Supplies{G��I�RAL) $35.85 IN82026 MEDICAL TRAINING AID
_.,...__,.__.___.
Total 4�ORTH AMERICAN RE5CU�LLC $35.85
Paid Chk# 0�&713�� m.6123/2011�� NOFt7HLRNq SEC1JRf7l�S lNC �����.,�rvp�M,�,��M���,�.��.�.^.�_.�.�,�.�.,..�.�p.m,��.,N....4��..���m..�%W.6
E 401-41900-3�0 Protessiona!Srvs(GENERAL) $1,12D.D� 2641 SWUP FINANCIAL PLANNING
CITY OF C�RCORAN os��7i�� s:oa,��n
Page 4
��heck De�ail RegisterU
June 201i
Check Amf Invoice Comment
Total NORTHLAND SECURfT1ES INC $1,12Q.pp
Paid Chk# 018714 6/23/2011 NW TE2AiLS ASSOCIATI�N ����N.,M��,�����„��^������
E 1D0-4520p-53b Improvements Other Than 81dgs $3,582.28 43H 2O10-2011 4TI� BENCHMARK
Totat NW TRAILS ASSOCIATION $3,582.28
nPaid Chk# 018715� 612 312 0 1 1 SCHARBER&SONS�M`�M����..mn.���w��Y�,���„�� ����...�ry��
E 100-431�0-227 Crack Filling $125A� 1071731 PARTS
E 100-41941-400 Repairs&Main#Cont(GENERAL $630.56 1072594 PARTS
E 10D-4314�-214 C)perating Supplies(G�N�RA�) �92.98 1072711 PARTS
E 100-A3100-29Q Operating Supplies(GENERAL) $71.33 1072747 PARTS
E 1(}0-4314D-21d Operating Supplies{GENERAL) $230.59 1073794 PARTS
� 1p0-A3100-21p Operating Supplies(GENERAL) $70.26 1073796 PARTS
E 100-43100-21Q Operating Supplies(GENERAL) $69.5& 1073797 PARTS
Totai SCHARBER&50NS $1,290.28
Paid Chk# 018716 6123120'i 1 STREICNER'S POLICE EQIJEPMENT � �����������m����V�.^^� �
E 100-421�0-,209 Police Reserves $70.98 1837A65 HOCMSTETL�R
E 416-421Q0-210 Operating Supplies(GENERAL) $112.14 1841009 RIFLE PROJECT-MIG CiNCH
E 140-42100-209 Police Reserves $A6.99 i84161$ HOCHS7E1"L�R
E 10Q-42140-209 Police Reserves $100.24 i84181b KIEFFER
E 1{}0-4210D-209 Police Reserves $55.99 (843098 HOCHSTETLER
Total STREICHER'S POLICE EQUiPM�NT $3�6.34
1'aid Chk# 01$717 612312D1�n tEANI5TER LOCAL 320 �����.��~��^��� m����
G 1D0-21707 llnion Dues $343.44 0611 JUN 2011 DUESILDF
Tota! TEA�ASTER LOCAL 32D $343.44
�'aid Chk# 018718 6/23/201'1 US BANK �..�......�.,�.�,..n..�,,.�,..�.._,e�k.��.�.w.r,.nr�.�,,,,�....,...�,.,.�.,�.�.,�...�.....�,m�._.._....�..�..
E 1(}0-41 94 1-300 Professional Srvs(G�N�RAl�} $35.75 6977620 HSA MAINT F�� 157 QTR 2011
_... .... ..
7ot�l US BANK $35.75
�,��.,q.,�„�,,.»,��.���,��.�.�„.�,��v,nn.�,.�,�,,,�:,,�,�:,��.�.,MP...��.��..,...,.,...�...,a...�,,.�.�.._.�,.,.�..w..........:...�<��,�»_.w�.,,�..,.,.x.�.�.,,,...�..��.,.,...,..�m.�,o.,.a.�,��,�.�,�_.�......,_,,.�....�._M,._..,...._.�,..,...�,.._,..,.,�.�.,_�.,..:,...._...�....__
Paid Chk# 018719 6I23/2011 WASTE MANAGEIIAENT
E 140-43232-300 Professior�a!5rvs(GENERA�) $5,943.73 597690215939 RECYCLING
Total WASTE MANAGEMEN� $5,g43.73
Paid�Chk# 018720� 612312a11 �WESTSiDE WHOLESALE TIRE�ry"�ry��ry.,.,,���91��m.�.���rnc`__m.__..�.__,_,._�.��.,�.�e._�.�._�_�
� 1Qp-A310�-2�0 C}perating Supplies(G�NEf2AL} $36.00 66162 TIRE REPAIR
E 100-42100-220 RepairlMaint 5uppiy(GENERAL) $46.00 661110 SQ 552 TIRE REMOUNTS
_.._,.�.,.�.,._,..,__.�.
Tatal W�S�SkDE WHOLESALE TERE $$2.0�
Paid Chk# 018721..,�,�m 6123/2�1�WILLiAMS TDWING��.��,.�....� �p.�,�.�.�.�,M..,.��P.� "�'�.�`m_,��..e.e_,_,,..�.m.�. �..._�._,._
E 1Q6-A210Q-220 F2�p�irlMaint Supply(GENERAL) $199.87 10fi6$7 #552 TOW
..................._..,..,......._...
7otai WILLIAMS TOWkNG $1gg.87
��,.,,.� -_. .,,�,,,.«,�,.�.,.���,...,.�..,,.�,�,.�.,_��...�..w�...��„�....�..�.._�.m....e.,..�._�n__.��.�...,w.�..�.�......_...�...�...�,..�.�.,..,.�.�,_n_�,�........._.�..
Paid Chk# D18722 fi12312Q19 WRlGHT HENlVEP1N ELECTRIC
E 1dD-42'104-380 Utility&Seroices(GENERAL) $9.28 Q6Q911 51REN MAPLE HILL
E 1bD-43'i0p-381 5treetlSsgnal Lights $21.43 060911 Co Rd 1f}&SD: 7700
E 140-43'#Od-381 StreeUSsgnal Lights $36.64 060911 CTY RD 101CTY RD 116 51GNAL
CITY OF CORC4RAN 06/17/11 9:00 AM
Page 5
�`Check De�ail Regis�er0
June 2011
Check Amt tnvoice Camment
E 140-45200-38E7 Utili#y&Ser�ices(GEN�RAt) $164.09 060911 BALL PARK ,
E 14E}-4520D-380 Utili#y&Services(GENERAL) $10.64 D6Q911 8200 COU�iTY RD �18
E 1Q0-421p0-380 UtiliYy&Services(GENERAL) $8.93 Q60911 CIVlL D�FENSE SIR�N
E 10D-43100-381 StreetlSignal Lights $21.43 fl60911 Co Rd 14&Stanchion: 7600
E 10Q-A3100-381 StreetlSignal Lights $21.43 Q60911 Co Rd 10�St Thomas:7500
E 100-43100-381 5treet/Signal Lights $21.43 060911 Co Rd 10&Treptaus: 7440
E 100-4310Q-381 StreetlSignal Lights $12.69 a6D911 Co Rd 1fl&Nlap{e Hifl:730fl
E 104-42100-384 Utility&Services(GENERAL) $0.00 D60911 6510 CTY RO 116lSiF2EN 15p-1680
E 100-41941-384 Utili#y&Services(GENERAL) $757.22 06Q911 8200 COUNTY RD 196
E 100-41941-38d Utility&Services(GENERAL) $'l9.80 060911 SCHOOL PRQP�F;TY
E 100-43100-38Q Utili#y&Services(GENERAL) $203.94 060911 PUBLIC WORKS
E 100-45200-38fi Utiliiy&Services(GEN�RAL) $12.69 �60911 75TH AVE&HWY 116
Tofal WREGHT HENNEPIM ELECTRIC $1,321.54
�.,.�,.,.,.�.,��nw�, . �,�.,..��,..,..,�..�.�,�....�.,�.....�.�.�......,.,.�.,.. ...,.�m �...�«.�.�.......m..«���.�.,a.��.
Paid Chk# 018723 6/23/2011 XCEL ENERGY
E 100-43100-381 StreeUSignal Lights $24.27 fl60311 Street Lighiing
..................�...............
Totai XCEL ENERGY $24.27
RPaid Chk# �1872�b w�6l2312011�YOCUM OIL COMPANY INC ����������� ������F�.�.�m�.TP�.�mm�w~.am.����
E 1D0-42100-212 Motor Fuels $942.75 436867 SQUA�FUEL
E 1D0-42100-212 Motor Fuels $709.72 437783 SQUA�FUEL
E 1Q0-431pq-212 Motor Fuels $689.56 437785 DlESEL
Total YOCUM OEL COMPANY INC �2,342.43
Paid Chk#018725 � 6/23/2011 BURNS FtYAN ����p��"�N.W..m����„MTM�„M�.�M���m�rv��W�.m.�.�m..���µ����..�
E 2D1-42100-21� Opera#ing Supplies(GENERAL) $'128.93 (}61511 R�SEF�V�5UPPLIES
Total BURN5 RYAN $128.93
Paid Cfik#018725 6I23I2011 A1lIKE'S �IX IT �..�.��,.�,��m���.��..�,M..�,�,�..�,�„W�.��.��..�..�.�w.�..��.,���.��
E �00-42100-220 Repairl�+/laint Supply(GENERAL) $582.62 2297 #552 RPLACE COOLING�ANQ AND RELAY
Total MIKE'S F1X IT $582.62
Paid Chk# 018727��6I231201:1,.,..��WAGNER,TANYA..,��,,.�,w..�,__me.�._,.r_��,._�,�.�,�m,�_.,�.�m,m.,�.�....,w_..a.�,,,�,.�,�..,�._.�.�...e..�._n_e,..�..._.�,.�._.,...,.,..�...��,.m.,r,..,
� 100-41920-210 �perating Supplies(GENERAL} $39.99 469711 BOQ�S
'Total WAGNER,7ANYA $39.99
'1010Q Farmers State Bank $80,513.35
C�"�"Y (��' C(�RC(�RAN 061�7111 9:OOAM
Page 6
��heck De�ail Regis�erU
,1une 2091
Check Amt Invoice Commer�t
�und 5ummary
1010� Farmers State Bank
100 GENERAL FUN� $64,662.53
2D1 RESERVES DONATiON FUND $928.93
205 DWI FORFEITURE FUND $15.83
4Q1 TAX INCREMENT FINANCENG $1,12p.00
416 CAPITAL-EQUfPMENT CERTS $13,579.81
500�SCRQW H�I.DING FUND $1,D06.25
_,._._....,...�._..............._._�_
$80,5�3.35
City of Corcoran
Consultant Summary
6/2312011
Name In�oice Da�e ChecK # Amount Due
Carson, C[elland & Schreder 06/03/11 �8687 5,585.50
Landform 06/09/11 �8704 6,5�2.26
MnSpect 06/01I11 �8710 8,875.18
Northland Securifiies 06/13I1 � 187�3 1 ,120.00
To�af 22,�32.94
H:ICity Nalf Inforrr�ationlClTY GOV�RNMENTICouncii, Cnmmissior�s & Corr�mitteeslCounci[ InformationlCoursei!
Claims12011 Clairns.xls
CARSON, CLE�LAND & SCHRED�R
A�torr�eys at Law
53�0 SHINGLE CRE�K PARKWAY STE 305
MINNEAPOLIS, MN 5543D-2'!90
(763)-561-28fl0
June 03, 2011
C[TY O� CORCORAN
8200 CO RD 116
CORCORAl�, M�! 55344
Professianal Services
Amount
..Civi1
4/25/2011 Re�iew building code from John 6$.75
4/26/201� Ra�iew information for staff ineeting of 4/27111 137.50
412812p1� Preparation for meeting; re�iew agenda and salicitars memorandum 206.25
Attend rneeting 275.00
5/3/2011 Review of equipment sharing agreement and conferences 91.67
5/6/2011 Review agencSa and correspondence to Dan 45.83
5/12120�1 Conference with Kendra regarding variance and code amendmenf issues and re�iew of �37.50
solicitation file
5/17/2011 Review zoning change per Kendra �variance} and canference with Kendra 68.75
StJBI'OTAL: [ 1,03125]
.Peddler, Solicitor Ordinance
5/18/201� Work on ordinance 343.75
SUBT07'AL: [ 343.75�
Criminal
4/25/20�1 Discuss cases with Attorney John �'hames and review palice reports 23.75
4I2612011 Preparatian for and attendance at Arraignments, Pretrials and Court Tria�s 95.00
Disposition letters; re�iew files; review case resolutions; preparation af inemorandums ta 23.75
the files; preparation of correspondence to vicfims �nd witn�sses; correspandence to
defense attorney and review discovery
Dispasition letters; review files; �eview case resalutions; pr�paration of inemorandums to 23.75
the files; preparation of corres�ondance to victims and witness�s; correspandence to
defense attorney and review discovery
4/27/2011 Preparation for and atter�dance at Arraignrnents, Pretrials and Court Trials; preparation of 190.00
dispositian letter
Telephane conference with Corpnral Hamiltan; preparatian for training and power pai�t 237.50
presentation
CITY O� CORCORAN Page 2
Amount
4/27/2011 Conference with Attarr�ey Dawn Speltz and Attorney �avid Ross regarding training 55.42
preparation
Review voice mails and email correspondence; prepara#ion for training 95.00
4l29120�� Review email correspondence and vaice r�'�ails from defense aftorneys 31.67
Re�iew nates from meeting; canference with Sean, misce�laneous 68.75
512I2011 Preparatian of ane complaint 40.00
Attend Officer�raining NO CHARGE
Preparation for training 47.50
Training at Corcoran Police department NO CHARGE
5/3/2011 Attend Arraignment and Pretrials calendar 3Fi4.17
Attend Arraignment and Pretrials calendar 31.67
Review files for 514111 Arraignment and Pretrial calendar 15.83
5/4/2011 Attend Arraignment, Pretria[s and fn Custody calendar 47.5C}
5/9/2011 Review case resalutions; update appearances an calendar; memorar�dums to the files; 23.75
preparation of correspandence to victims and witnesses; preparation of dispositian letfer;
review fiEes; instructions to legal assistant
5/10/201� Review discovery; re�iew and respond to motion doc�aments; preparatior� of 31.67
correspondence to defendants, defense attorneys, victims, witnesses and Court
Administration;jury trial preparation; review files; memorandums to #he files and
instructians to legal assistant
Preparatian for and attendance at Arraignm�nt, Prefrials and Court�rials; repiy to Ploetz 237.50
motion
Telephone cortfierence with State Patroi and review statutes 47.50
Review carrespondenc�from defense at�orney and preparation of inemorandum ta file 23.75
5111I2011 Preparation of disposition letter; correspondence with defendants, witnesses, and defense 23.75
attarney; review and confirm cases; update ap�aearances on calendar; memorandurr�s to
the files and instruc#ions ta legal assistant
Preparation for and attendance at Arraignrnent and Pretriais 47.50
Conference with attorneys regarding upcoming cases attorneys 63.33
5/12/2011 Correspondence with victims, defense attorneys, defendan�s, confirm case resalutions; 23.75
nates ta files; prepat�ation of disposition lefter; re�iew files and icfentify witnesses for jury
triais
Preparation nf or�e complaint 4�.00
Telephone conference with Sherif�'s deputy 31.67
5/15/209� Corcoran v. Plaetz- Er�ail corresp�ndence with Chief; draft response ta rt�otion for stay; 237.5Q
re�iew rules regarding cos#s
5f^6;2�T 1 Corc�ran v. Pfoeiz- Revi�:vd mntion to stay paymeni oa fine; dra� reply; c�raft affidavit 237.5p
regarding incomplete mation and t�lephone conference with Attorney Jahn �hames
Jury trial prepara�ion; review files; correspondence with defer�se attorneys, defendants; 142.50
select wstnesses; draft and edit motion dacuments; memarandurr�s to the files and
instructions to legai assistant
Prepara#ion for 5/17111 Arraignmer�t and Pretrial caler�dar; cnntinued jury triaE preparation; 31.67
review disco�ery; documents preparation and instructions ta legal assistant
5I�712011 Attend Arraignment, Pretriai and In custody calendar 47.50
51�91201� Preparation o�correspondence to defendant and nate file �5.83
review and clear vaice mails, emails and inbox ; review c�e handout5 23.75
5/24/2011 Review files for 5125111 calendar; review discovery; memarandums to the files and 23.75
ins#ructions to lega( assistant
Preparation for and attendance at Arraignments, Pretrials and Jury trials 47.50
512512Q�1 Attend Arraignmer�t, Pretria[ and In Custady calendar 47.50
5127120�1 �reparation of crimin�l comp[aints; preparation of cases for tr�ai, cour�and jury; contac# 612.50
and nokice to witnesses for trial testimony for monthly period
CI�Y O� CORCORAN p��� 3
Amaunt
SUBTOTAL [ 3,45�.g3�
Vehicie For#eiture�
5/26/2p11 Re�iew and respond to voice rnails 15.83
SUBTOTA�: [ 15.83]
�or prof�ssional services rendered $4,g43.7B
Cii�nt �xpense �harges :
Crimfnal ExpenSes:
Westlaw charges for March 53.33
Westlaw charges for April 673,98
Monthiy support fee 14.43
Sl1BTOTAL: [ 741.74]
Tofal Client Ex�ense Charges $741.74
7ota[ amaunt of this bill $�,�8�.�p
Previaus ba[ance $4,99$.59
5/20/2011 Payment-thank you ($4,998.59)
Total �ayments and adjustmen#s ($4,998.59}
Balance due $,,�g�,�p
I hereby declare under the penalties of perjury that th�_foregoing statement for legal ser�ices is just and correct and
fhat no part thereof has been paic4. �
f .
€�,.
,�
J� r`ey A. Carsan, City Attorney
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p�y�� Invoice Unit Rate Qty Amount
Lindahl, Kendra 26 .51 17.a0 $8.67
Total for $8.G7
Total Gharges far $8.67
Tota!Charges for - �$•�7
.R�,qi4� � _x �. ..._.,,.< .�:ae .�,: _i ... 1U�t.:d.>�� r�4C,� �.s t. _:"z.,� 1 -.�"i �11vaS��.P,- i�.�R 1 !�"i3g.a 34� �Y _, "� :.� ��:-:�.Z s- i?.5�z�-- ��}� 1_���.
.�S\.� .r��+^'1 .'"�% \�'i} «�!t�h,y ��.�i �,5.� v`l �Y f 1 �+�� �"4 1 3 3- 's\��:: ;:<`�"1v��v.
.?,�. i���,� �� �� 14�.�i �'i`,.��`M,� �v ��}���71 ��L�� \ i. 4551�' �.��yh ��ti �-, ..� } � �5 �!� ;4 ':���t} j -411� l ki��5 5 �.
.� 2. ��r����a:c i� ateswy, .,. � ����,,.�:t,.F�;;� , �i 4 , � , t �k ; , ji �;
�f,-:� -x �. ..,��4 �.n>„ 31,'y� ! ���� ��tY�:,�S Y �S �i ..�.. 'xS� .����. z 4 3� s �.��.t a 1 ?,1 I� �� �..
5 tt ,r�t� z � z ��5�, � l t�. 1 t Y 4 � . .�ti l �.
�:�':5����,a"'?�an���`�-�^�'.1��?,',�'��� t ������ .� � a;'i1 s� � ����-, , v .. _ . ... , .,...._ ... ,.. ,.. '- .. � .,....,. �
�.��:.,s,.1.....��„'��i�,.1.,�. S3rA4��,�;,;,� �oi1,�.rk.z n.���..,.»; :�..�1"fi,�,�..���fi�a,:a:1.�.�v.i,.. :i.-.,,.3, ..,�r uv,..-.,i�� ,..�,��,.; 3. 1..�.rk.,,�.
ME -Meetinqs
Prafessionak Ser�iaes
�mPjoy�� Hours Rate Amount
Lindahl, Kendra 925 1�5.Q0 $1 A63.75
Total Professional Services for ME $'1,D63.75
Tota] Charges for ME-Meetings $1,063.75
Ft2-Revis�Zoninq Districts to Retlect
Professional ServiCes
Employee Hours Rate Amount
Lindali€, Kendra 18.0� �15.00 $2,07Q.p0
Total Professionaf Services for RZ $2,d7D.Ofl
Project Ci�R10008.GEN City of Corcoran Projects 209 56
Total Charges for RZ-Revise Zoning �istricts to Re#lect $2,410.00
SC-Subd�vision Code U date
Professional Services
Emplayee Hours Rate Amaunt
�.indah{, Kendra 8.75 115.00 $1,006.25
Tntal Professional S�rvices for SC $'I,Q�B•23
'Cotal Charges for SC -Subdivision Code Update $1,Op6.25
ZM -Zanin Ma U date
Professianal 5erv�ces
����oy�� Hours Rate Amount
Lindahl, Kendra 1.50 1�5.00 $972.50
Tofai Professional Sen►ices for ZM $'172-5D
Total Charges ffor,Z�-�or�ing Map Update $172.50
7otal Charges far.fl02-Ordinance Updafies $4,392.50
vwtex�„�.v, i . �en a ,r�a.,rr�.,s�XtN`1u:vi�s,.4v�4.e i;t, �Nats31,xa3.v,:�sibu t..�sy,�:,1,i3, a„�c.�,i`� ..y,.�,._.: }� :.,:� �'�..,.�si� z., � ..? �.--.�t;,��s!{a }s..,. 4 �p.r �� a�io �ii;
;3 /��P�" ri��'1,z`�''.00�$���� �<<-�a � Gl�`� �;1.�IR�$�0�`� � Gl�v�I�$ �� ��� t� i' R >>i 3�13�kc'S�"�v 3��it�1 s � Yi 3��`1i���'�
� 'V`I�` �n��1M..�✓ �R�., �.. �.��,1 Q ..� 1� W 1 � 1 '-L 'S Y ,� i�1 .��1
� ����t�'�`s�u, . � ��w,�'^:�st .�4�#,.�1`�uY',�'�.,'k'��;Sa�.��r°:��t""'aa5�"i,��..��"�;�" i��;^�ti�,tk,."����S,s�Uiv� �t.-ii� ,,,,.. . . , , ?.,� Vct.�;�:,4 i*3'�'.u..a1,s,1"i1,�_.S.,.x�i�F,v������,�,.�'.i
v\..,.. .. . . ., .,..._. . . .�. . . ..�„ . .....�:: .
30 -Re�iew Application
Professional Services
Employee Haurs Rate Amount
Lindahl, Kendra .75 115.a0 $86.25
7atal Prafessional 5ervices far 30 $8525
'�o�af Charges for 30 -€teview A�plicatian $86.25
90-RepartslPresentatiion
Profess'ronal Services
�����ye� Nours Rate Arrsount
Lindahl, Kendra 2.50 115.00 $287.54
'fotal Professional Services for 90 $287•5fl
TotaE Charges for 90-ReportslPresentation $287.5D
Total Charges for'i0Al2-Btocks N Rocks IUPISite Plan for outside starage(city $373.75
fi{e 90-012)
In�oice Amount $4,694.92
Ptease remit to. �,andfarrr�, '�05 South Fifth A�enue, Suite 513, Mir�neapoiis, MN 55401
Page 2 of 2
Bill Rev��w Repart- Landfarrr� Professional Services
As of Tuesday,May 31,2041
Project CflR100D8.GEN City of Corcoran I'rojects
Clisnt Cify nf Corcoran 1'•p.�
82DQ Cnwnty Road 116 Prin. Lazan, Darren B
Corcaran MN,55340 I�.M. Lindahl, Kendra
$iliing Description
Llnbitled Detail Date HrslUnits Rat�: Hold Gharge
COR1D008.GEN-A02-99�xpenses 0.00 8.67
�xp,Code: Fteimb Prq�ect Mileage 77,00 O.OD. ` 8,67
, :
, .. _.
L.indahl, Kendra 515120�1 17.00 0.51 0.04 8.67
17.00 p.Od 8.67
COFi900Q8.GEN-.002-ME Meetings OAfl 1,063.75
Labor
Lindah[, Kendra 5l512011 8.D4 115.a0 O.DO 920.00
prepare powerpoint/affend PC meeting
Lindahi, Kendra 5I912{}11 D.25 115.40 O.pp �g.��
coordinate with Jeanie on public hearrng notices
Lindahl,Kendra 5I101201 t 0.25 115.Q0 0.00 28.78
3 public hearing notiCes updated for Jeanie
Lindahl, Kendra 5/12/2011 0.25 1�5.00 0.00 28.75
talk to Jeff and update subd. ord.AH notice regarding variance standards
Lindahl, Kendra 5/31/2011 0.50 115.OQ 0.00 57.50
revievv comments fram Rick R. and prep for PC meeting
Total Labor g•2� 4.00 t,063.75
COR1000$.GE�t-.002-RZ Revise Zoning€�istricts ta R�flect Q.00 2,07Q.00
Labor
�indahi, Kendra 5l�812fl11 3.40 115.OQ p.00 345.00
ardrnance edits/formatfing
Lindahl, Kendra 5l1912011 5.D0 115.d0 0.04 575.�Q
zoning ordinance revrsions and formatting
Lindahi, Kendra 512t�12011 5.00 195.00 0.04 575.04
Zoning ordinance updates
tindahl, Kendra 5/23I2011 4.50 115.00 p,pp ��7.�p
PC sfaff reporf
Lindahl, Kendra 5/24/2011 0.50 115.00 0.40 57.50
finalize packef and send to city
Biil Rev;�w Repo�t -Landform Pro#essional Serrnces
As c���Cuesday,May 31,2011
Total Labor 1$��p 0.04 2,fl70.00
COR90008.GEiV-.402-SC Subdivisian Code Update 0.00 1,OD6.25
Labor
Lindahl, Kendra 5192l2011 4.50 115A0 0.04 57.50
review neuv Variance stafufes and review wifh Jeff Carson
Lindahl, Kendra 5/13/2011 2.00 115.00 0.40 230.00
Ordinance updates for Public Hearrng/fina!farmaffing
�irtdahl, Kendra 5/17/2011 0.50 1 i5.00 0.00 57.50
Variance standard updates
Lindahl,Kendra 5/18120 f i 2.00 115.00 0.00 230.00
final edits/formatting to subdivision code
Lindahl, Kendra 5/23/2091 3.00 715.OD 0.00 345.04
PC staff report
Lindahi, Kendra 5/24/2011 0.75 115.00 0.00 86.25
finalize packet and send to Jeanre for PC
Total Labor �•7� 0.00 9,00625
COR100Q8.CEN-.002-ZM Zoning Map Update 0.00 172.5fl
Labor
Lindahl, Kendra 5123/2fl11 1.00 115A0 O.pp 1�5.40
Staff report
l.'sndahf, Kendra 512 412 0 1 1 p.50 �15.00 O.flO 57.50
report/finalize and send packet
Tofal�abor 1.50 0.00 172.50
COR10008.GEN-10.012-30 Review Applicatinn 0.00 8E.25
Labor
Lindahi, Kendra 511312Q11 0.25 915.0� �,pp 2g.75
prepare public hearing nntice
Lindahl,Kendra 5/2012fl11 0.5{3 195.Q0 0.00 57.50
v�Sfr S;r�
To!al Labor 0•75 0.00 86.25
COR10008.GEN-10.412-90 ReportslPresentation 0.00 287.50
Labor
Lindahl, Ker�dra 512412Q11 2.50 115.D0 O.flO 287.50
sfaff r�porf and fo!!ow up questions with Lance
7otal Labor 2�50 O.Op 287.50
. a
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� i.��i-)t .��3t.3F;''3���l��. �',.�a���.E ''r+.,.r_ �:� F�� c �-��L�3r2;:
820D County Road 116
Corcoran, MN 56344 ;�� ��� ,a��3 ����,�, �'
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20���
osiasizo�� �
Corcor�a� Planning S�rvices:General
�OR11009.G�N.
C4ntract/P0#: .:
For Services Rendered.Througti 513�l2011
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Payee fn�oice Unit Rate Qty Amount
Lindahl, Kendra 26 .51 34.00 $17.34
7otal for $17.34
Total Charges for $17.34
toial Charges for - $17.34
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30_-Review_Ap�licatEan
Professiona!S�rvices
Employee � Nours Rate Amoanf
Lindahl, Kendra 4.00 115.04 $460.00
�otal Prnfessinna[Services far 30 $460.00
Tptal Charges far 30 -Re�iew Applicatian $450.00
Total Charges for.04-Patnade C(!P fnr accessory[iving quar�ers (city file '!�1- $46d.00
p0�)
. _4ty..-���; 'k�4,;,y,�,S;�.„�da� t',.��:4?it�li�s '��5�:'� , }..s.t�,;��"w.,�y St� �. v ��s �.� , .: .�lk}al '� � t a
��i}t'''�C.�r��a��r! rat�an S�':a��l CUP c f�l�i�o'�'� OC}�* ,� `x�,j,��: ��3, � , � , , � �e,��R` Gs�;��x��y ��
,-� 3 ,j..?.,., � ��7'1<��. .} 4.- z z�.;� tl�t .:.t. �t x l� �.-�'3k4 t ka4�v�,,3�...N�l�.,L> 5��� �.i��� k�`��%
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�1�%�«�Y�Y . SFT9. . �kv���142�v4�,�k�oY.�f�,,,��"t:i.�aw�''1�i���a,tai�..�,_t�1.;�.rli�l.,Svd y s.,�,:,�.�.. Lz:�71�16«�._�� �% .....,._i..,�3�„�h�.�,sx...x,s,.a..."'u�.. ,�,.;a.�s� �t:�.,3n„ iu3Xx;w,�l�wsn�.�,.�e1,k�1�R�1�s��1�.a��5
3U-Review AppEication
Bill Re�ie�^r Report - Landform Professional Senrices
As o#"�uesday,May 31,2011
review buildrng permits as requested by Tanya
Permit#i 1-079 and Permif#11-084
Lindahl, Kendra 5/1612Q11 0.25 115.00 o.ao 28.75
calJ from John Breher abouf 10090 Cain. PW told hrm he needed a grading permit. Does naf need if grading per
plan. �ollow up with Tanya
Lindah�, Kendra 5/17/2011 0.50 915.00 0.00 57.5fl
misc.building permif questrons from Tanya/Corcoran DRC
Lindahl, ifendra 5/17/2011 0.25 115.00 (}.00 2$.76
update Tax forfeit resolutrons for Dan
Lindahl, Kendra 51 9 812 0 1 1 D.25 115.00 O.OD 2$.75
9825 WGA notrce of decision--talk to Jeanie abouf INCA process
Lindahl, Kendra 5/20/2�11 2.�0 115.00 0.00 230.00
22902 CR 60 research/draft code letfer for Dan to send fo Neinzlfalk to Dan about Survey Code Requirements/review
buildng permits with Tanya
Lindahl, Kendra 512 312 0 1 1 Q.5(3 195.00 0.00 57.50
emai!response ta�uhrmann about 212D3 CR 90/questions from Janet Keller about 6510�!m
Lindahl, Kendra 5/25/2011 0.25 115.G0 O.D4 28./5
call from Jeff at 20900 zonrng questions/6uilding permit questions from Tanya/packet question from Jeanie
Lindah#, Kendra b1261201� 1.4Q 915.00 p.p0 115.00
Scan 5W AUAR and send to Dan per his request.
Lindahl, Kendra 5l3112D11 0.50 115.00 q.p0 57.5D
zpning quesfion on why 2005�75th(satellite industries)is showrng up as 2D095 75th on Hennepin County. Talked to
Jil!who will contact county fo correct/zoning on 10585 CR 101
Tofa!�.abor 10.50 0.00 1,207.50
COR1�009.G�N-99 City Expenses 0.00 97.34
Exp;Code: Reimb Project Mileage 34_DO b.00: 97.34:
° ,: ;
- , _.
Lindahl, Kendra 5/20/2011 34.00 0.51 0.00 17.34
34.00 0.00 17.34
618I2011 4:47:12 PM 2 af 2
Invoice
NOR'I'HLANI3 SECi�RSTTES TNC IT]V03G�Nl]T11b�C:
4 s sou�rx �Tx s T��T N O R�'K L A N D S E C U R I T I E S 2 6�1
su�m� a000
n���r�z��o�zs, rrt�r s54o2 Invoice Date:
USA
6/13/lI
VO1Ce: 612-8 51-4 915 p�ge;
�'aX: 512-851-5951 �
SO�{� TO:
CI'I'Y OF COI2CORA.N
➢ArT ]70NAHUE, T-�DMINISTRA'TflR
CI'I'Y HALL-8200 CO. ROI-�D 1�6
CORCORAN, MN 55340-2100
�--- Customer PO�� � Payrnent Terms T^F ` --- Sales Rep ID ���y ���Due Da�e�
'UtiZl ity System FP Net 30 Days 7/13/1�
i ]�escription Amo�nt
5ervices provided r�la�.ecl to Utility System �'inanCial PlaTfrzi�g l,120.00
(please see a��ach�d detail)
1g
1
1
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i
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i
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�
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Subfiotal 1,120.o 0
Sales Tax
Total In�oice Amount �,���. o0
Check No: Payment Recei�ed
TOTAL �, �20.00
Nottllland 5ec�irities, [nc.45 Sourh't11 Street,S�iite 2000,i�Iin��eapnlis,b�I�I 5�402 •ro�[r•«�1-500-851-2920 �qaE�6L2-851-55'00 €�ux G12-851-5S87
www.nurd�i�ndsecnricics.com
Member FIIVRA and SfPC
' N�RTHLAND STRATEGI�S
Speeipl Prqjeets. G.coup
u,
INVOICE SUPi'�,EMENT
Client: Cit}'of Corcoran
Project: l�tilit}�System Pinancial Plannrng
Confiact: [7an Donahuc
City Administrator
City of Corcoran
&2(}4 Count�r Road 116
Co�•caran,Minnc�sota;5340
Sil�ing Period: Ma�r 2D11
5ervices Performed
� Prepare prc�jectic.>ns of future revenui
o Prepare mtmo for May Council svorkshop
e Prepare/attend May Councal workshop
Staff Time Position Hours Ra#c Billable
Senior Professionat 7.OD $160 $1,720.00
T'rofessic�na! - $135 $O.OQ
Sup�ort - $1.05 $0.00
Tc�tal Staff 7.00 $1,120.D0
Expenses Mileage $0.00
Printzz�g $D.00
Other $O.OD
Total Expenses $0.00
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�OF`�� 1�1�'�� i.a'I'�.�<i�C1,,St.�� 1 �tSl�..'L��� �.;U�� �,�)`"�1��\�0.�5 1,e��s::��.�,3a� aka �tx�,,���c�.�x�,�.�.�,� .� t���a� �� ..� .� �
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Projeet Summary Total Budget $ 7,680.00
Billed'i'ktis Peziod ($1,120.00)
����ea�z�e�f��s ���,a2o.ao3
Budge.t R�maining $ 1,640.00
Previous Billing Decembei�20�0 $1,4D(}.0�
�anuary 2011 $32[}.00
Fcbruary 2011 $(}.QO
March 2011 $1,284.4D
Apri12D11 $1,920.00
Northland Securities,Inc. P��e 2 of 2
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�-������----�- 235 Fkaf Stree!West•Wacanfa,MN 55987-}302
In�oice#; 5297
Phone#952-442-7520 Fax# 952-442-7521 Invnice Date: 61112Q11
Due �ate: 6I21/2011
Bill To;
City of Corcoran
82D4 County Road 116
Carcoran, INN 553�40
Description HourslQty Rate Amount
Residential InspectianlPermit F�� 3,24725 3,247.25
Residential Plan f2eview 4,71822 4,716.22
Resid�ntia! Plumbing Permit�'ees 7125 71.25
Residential Mechanical Per�it Fee 8525 86.25
Resider�tial SoillErasior� Cantro€ Fe� 325.(30 325.Q0
Residential Site Check Fee 9Q.Q0 90.04
Cammercial Inspecfion/Permit �ee 77.10 77.10
Commercial Plan I�eview�ee 125.29 125.29
Commercial �'lumbing Permit �ee 33.75 33.75
Cammercial �'lumbing Pian Re�i�w F�e 150.Op 150.Q0
Commercial Mechanical Permit Fee 38.34 38.34
Comrr�ercial Mechanical Plan Re�iew Fee 33.23 33.23
�uplicate Permit Card �ea 20.00 2D.flQ
Capy Fee 6.5Q 6.50
Total $9,02D.18
PaymentslCredifis $-�45.04
Balance Due'. ....... ..._,...—_,_.. �
$8,875.1�8 ��F����"���
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MNSPECT, LLC. ��►�d�t f�A���
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235 First Street West
Waconia, MN 55387 �ate CfEJIt I�IO.
G/1/2011 5298
Customer
City ofCarcoran
8200 Coimt��Rc�ad 116
Corcoran,MN 55340
P.Q. No. Project
Description Qty Rate Amaunt
�lectrica]Inspectiont`Permit Fee 1]O.QO -]10.00
State Surcharge-Electrical 35.00 -35.fl0
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�I'1V01C�S $145.d0
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_ 235 First Street Wesf • baconia, MN 55387-7302
Ju�e 10, 201'1
City of Corcoran
Miscellar�eous Documents Associated with Invace # 5297
if yo�a have any q�aestions regarding fihe enclosed documents, please contact
either Brandy or Ty.
Brandy Biauert
brandy@mnsp�ct.com
Or
Ty Turnq�ist.
ty@msnpect.com
9�2-442-7520
P: 952-442-7520 • 888-44fi-7807 • F: 952-442-7527 • www.mnspect.com
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[�Ci�'Y a'� ��{'���r�� PERMIT # �°� ,
a. � I I SCHE�.TIM� MILEAGE �
. DAT� �/.,..,.� �
ARRIVAl.T�M� �`�3� COMP�T�TIML�
ADnRESS �`+s��
OWNER 1 CONTR.
TELEPHONE N0. .
� 5ite Ir�spection Q Reroof 1 Reside/�ewindow C7 Rental inspection
`� ❑ Foating!Siab �5ediment!Eros antrol C7 Septic System
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Agenda Item 6.d.
• •
• •
L A N D F O R M
From Site to Finish • •
•
105 South Fifth Avenue Tel: 612 - 252 -9070
Suite 513 Fax: 612 - 252 -9077
Minneapolis, MN 55401 www.landform.net
TO: Corcoran City Council
FROM: Kendra Lindahl, Landform
DATE: June 13, 2011 for the June 23, 2011 City Council Meeting
RE: Zoning Ordinance and Zoning Map Amendment
1. Application Request
The City has been working since April 2010 to prepare the new ordinances required to implement
the 2030 Comprehensive Plan. One of these tools is the Zoning Ordinance. State Statutes require
cities to adopt a Zoning Ordinance that is consistent with the Comprehensive Plan. The 2030
Comprehensive Plan is expected to be adopted in June and this draft Zoning Ordinance creates the
tools needed to implement the Comprehensive Plan as required by law. The existing Zoning
Ordinance should be repealed in its entirety and the new Zoning Ordinance be adopted.
State Statutes require also require cities to adopt a Zoning Ordinance and Zoning Map that is
consistent with the Comprehensive Plan. The 2030 Comprehensive Plan is expected to be adopted
in June and the Zoning Map is one of the tools needed to implement the Comprehensive Plan as
required by law.
A redlined version of the Zoning Ordinance is attached. A "clean" version, without redlines
and strike - throughs, is available at City Hall.
2. Planning Commission Public Hearing
The Planning Commission held public hearings to consider these items at their June 2, 2011
meeting. The Planning Commission voted unanimously to approving the Zoning Ordinance with
modifications. The Planning Commission also voted unanimously to recommend approval of the
Zoning Map.
There was one person present to speak at the zoning ordinance public hearing and one person
present to speak at the zoning map public hearing.
Mike Brady spoke representing himself as a landowner at CR 116/30 and Hope Community Church.
He questioned the 100 -foot setback from the arterial because it takes away buildable area and
wondered how the setback flexibility worked. Staff noted that the 100 -foot setback is intended to
maintain Corcoran's rural identity, but that the setback can be reduced 40% for buildings if additional
landscaping is provided per Section 1060.070(K) and reduced to the standard front yard setback for
parking if additional landscaping is provided per Section 1060.070(L).
Mike Schommer spoke and had questions about the TIF project. Chair Hank noted that this was not
related to the zoning map and asked Councilmember Asleson to provide an update, which he did.
Landform', SensiblyGreen m and Site to Finish=' are service marks of Landform Engineering Company.
•
3 Summary
The City Council should understand that in a document born of compromise, changes will be
inevitable. The City should be prepared to conduct annual updates to the ordinances to ensure that
the documents are kept current and provide an opportunity to address any possible unanticipated
consequences of the adopted ordinances. The Planning Commission has noted additional
ordinance sections that they would like to update as time and budget allow.
The Zoning Ordinance includes the following sections:
Section 1010
Section 1020
Section 1030
Section 1040
Section 1050
Section 1060
Section 1070
Section 1080
Appendix A —
— Title, Purpose and Intent
- Rules and Definitions
- General Requirements
- District Regulations
- Overlay Districts
- Performance Standards
- Administration, Permits and Procedures
- Enforcement Provisions
Design Guidelines
4. Analysis
Accessory Buildings (1030)
One of the most significant ordinance changes is related to
proposed the following changes:
accessory buildings. The City has
• Measure area of accessory buildings by "footprint" rather than "square footage"
• Simplify the allowable area table and increase allowable area overall.
• Clarify the building code requirements which exempt certain building from building permit
requirements. However, to ensure that all ordinance requirements are met and that the city
has a record of all buildings (for public safety purposes), we will now require a "Certificate of
Compliance ". This will be similar to an administrative permit, but will generally be simpler to
review and the City may choose to have a different fee for these types of applications.
Setting fees is a policy decision for the Council, but you will note this new application type is
added as Section 1070.065.
• Additionally, we have changed the process for allowing agriculture buildings (which are
defined as used exclusively for agricultural use) that exceed the size limits as a Certificate of
Compliance rather than a Conditional Use Permit (CUP). The reason for this change is the
fact that the Planning Commission and Council felt that requiring a CUP for a true farm was
onerous. (A conditional use permit is required today).
• Agriculture buildings as a principal use adjacent to the farmstead remain a CUP.
• Non - Agriculture buildings (including those that are a mix of agriculture and personal use) will
still require a CUP to exceed the size requirements.
• Subd. 5 of this section addresses building height. Rather than continuing to use the sidewall
as the height limit, which resulted in some interesting designs and much confusion from the
Zoning Ordinance and Zoning Map 2
June 23, 2011
public, we have simplified it to limit building height to 15 feet. The Planning Commission
discussed this item at length at the April meeting and recommended the change. This height
limit will result in building heights similar to the old sidewall limits and is consistent with height
limits in neighboring communities. Building height is measured to the mid -point of a peaked
roof.
o We have included an exception to allow agricultural buildings to exceed this height limit
as part of the certificate of compliance.
o We have included an exception to allow accessory buildings with accessory dwelling
units to exceed this height limit when approved as part of the Interim Use Permit.
District Regulations (1040)
The new ordinance establishes the following zoning districts and overlay districts:
A. Urban Reserve (UR) District
B. Rural Residential (RR) District
C. Single Family Residential (RSF -1) District
D. Single Family Residential (RSF -2) District
E. Single and Two - Family (RSF -3) District
F. Medium Density Residential (RMF -1) District
G. Mixed Residential (RMF -2) District
H. High Density Residential (RMF -3) District
1. Manufactured home Park (MP) District
J. Rural Commercial (CR) District
K. Transitional Rural Commercial (TCR) District
L. Neighborhood Commercial (C -1) District
M. Community Commercial (C -2) District
N. Business Park (BP) District
O. Light Industrial (1 -1) District
P. Downtown Mixed Use (DMU) District
Q. General Mixed Use (GMU) District
R. Planned Unit Development (PUD) District
S. Public /Institutional (P1) District
T. Wetland Overlay District (W)
U. Shoreland Overlay District (S)
V. Floodplain Overlay District (FP)
The UR and RR districts are planned for areas where sewer and water are not available. There are
no changes proposed to the existing building rights for rural Corcoran (the area outside the MUSA).
Within the MUSA (Metropolitan Urban Service Area), the UR zoning district is intended as a holding
zoning until sewer and water are available and development is proposed.
The other residential zoning districts are available for land within the MUSA. The zoning districts
correspond to the land use classifications in the 2030 Comprehensive Plan. These residential
zoning districts are expected to develop at urban densities when municipal sewer and water are
available.
The commercial districts include a number of changes, including a new Light Industrial district.
Zoning Ordinance and Zoning Map
June 23, 2011
3
•
Two mixed use districts were created for the Mixed Use areas on the Comprehensive Plan —
Downtown Mixed Use and General Mixed Use. The Downtown Mixed Use district was previously an
overlay for the downtown area (at CR 116 and CR 10) on the east side of CR 116, but the new
ordinance makes it a zoning district. The General Mixed Use district is intended to "provide an area
for compact, inter - connected, walkable, mixed -use development along key community corridors and
to support high quality development and site flexibility due to the unique site conditions in these
area ".
There are no changes to the PUD district. The PUD district is intended to encourage creative design
and efficient use of the land by providing design flexibility in exchange for a higher level of design.
The PUD district is not an overlay district, but is a zoning district. Therefore, developers will need to
request a rezoning from the current district to PUD as part of the development proposal. The
development standards for each PUD will be unique based on that particular development.
Setbacks for building and parking
At the April meeting, the Planning Commission unanimously agreed to keep the 100 -foot
setback from arterial roads. The draft language keeps this setback and retains the setback
flexibility through landscaping as outlined in Section 1060.070, Subd. 2. (K and L). Other
setbacks have generally been reduced to reflect the smaller urban lots.
Overlay Districts (1050)
There are no substantive changes proposed to the Wetland, Shoreland and Floodplain overlay
districts. These standards apply to all districts. The shoreland and floodplain district standards are
typical standards based on the DNR and other State requirements. The only changes to these
sections are minor formatting and typographic corrections.
Performance Standards (1060)
The Building Standards section (1060.050) was completely revised to distinguish between the
design expectations for residential, non - residential and accessory building standards. One of the
most significant changes is that metal roofs would now be allowed on residential and accessory
buildings via a Certificate of Compliance rather than a Conditional Use Permit. Metal siding would
also be allowed on accessory buildings via a Certificate of Compliance if certain standards are met.
Administration Permits and Procedures (1070)
The variance standards in Section 1070.040 have been revised (like the Subdivision Ordinance) to
reflect changes to State Law. The variance language in the Zoning Ordinance and Subdivision
Ordinance are consistent and have been reviewed by the City Attorney.
A new Certificate of Compliance (Section 1070.065) was created to allow administrative approval of
certain applications, including some accessory buildings. Staff will be developing a simple
application form and recommending that the City Council establish a fee for this permit at the June
23rd meeting. The Certificate of Compliance will simplify the process for Agricultural Buildings.
While these buildings are exempt from building permit, they must comply with all Zoning
Zoning Ordinance and Zoning Map 4
June 23, 2011
•
•
Requirements. The current ordinance requires a Conditional Use Permit to exceed the size limits or
construct metal buildings. The new language will simplify the process and staff is aware of several
landowners who are waiting for this change to construct new buildings.
Design Guidelines (Appendix A)
Design Guidelines are included in the Zoning Ordinance as Appendix A. The guidelines are
advisory in nature and will be used to guide development within the MUSA boundary. General
guidelines and specific guidelines were developed in 2004 for each of the three urban areas
(Northeast District, Southwest District and Southeast District, including Downtown). We have made
no changes to these guidelines other than some typographic corrections, but staff suggests that the
City review these guidelines next year to ensure that the district boundaries accurately reflect the
changes from the 2030 Comprehensive Plan and that the City's vision is still accurately reflected.
Zoning Map
The intent of this meeting is to finalize the draft Zoning Map. The Zoning Map includes the new
zoning district classifications.
No development of any type would be allowed until sewer and water are available and the land can
be developed consistent with the zoning district
Properties that are in the MUSA (Metropolitan Urban Service Area), but in the 2nd 3rd and 4th phase
of the sewer staging plan are zoned Urban Reserve (UR). This allows some limited development
prior to extension of sewer and water. When development is proposed, properties would need to be
rezoned to the zoning district that corresponds to the land use plan and district plans. The City
would have a high level of discretion when reviewing the rezoning and would have one more tool to
ensure that development will not occur until municipal services are available. The UR zoning would
also ensure that land owners have the ability to allow single family homes on well and septic with a
minimum lot size of 20 acres. Development of single family homes on 20 -acre lots would allow
landowners some use of the land until sewer and water become available, but would preserve large
parcels of land until municipal services become available.
Other issues
Staff has identified these as the key issues in the Zoning Ordinance; however, the City Council or
the public may have other comments.
Summary Publication
State law requires that ordinances be published in the City's official newspaper. However, in the
case of lengthy ordinances, the law allows publication of a summary of ordinance to fulfill this
requirement. The summary publication would result in substantial savings to the City because of
reduced publication costs.
Zoning Ordinance and Zoning Map 5
June 23, 2011
•
5. Recommendation
Move to adopt the following, as recommended by the Planning Commission:
a. Ordinance approving the Zoning Ordinance, Chapter 10 of the Corcoran City Code
b. Resolution approving summary publication of Zoning Ordinance and Zoning Map.
Approval of the Ordinance requires a 3/5 vote of the City Council.
Approval of the Summary Publication resolution requires a 4/5 vote of the City Council.
Attachments
1. Zoning Map dated June 23, 2011
2. Ordinance adopting new Zoning Ordinance
3. Resolution Approving Summary Publication
Zoning Ordinance and Zoning Map 6
June 23, 2011
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June 23, 2011
I:/ 504 / 50408144 /GIS /ComPlan /Maps /zoning discussion.mxd
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2011 -258
Motion By:
Seconded By:
June 23, 2011
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY
CODE, ENTITLED CORCORAN ZONING ORDINANCE
THE CITY COUNCIL OF CORCORAN ORDAINS:
SECTION 1. Amendments. The text of Chapter 10 (Zoning Ordinance) of the Corcoran City
Code is hereby repealed in its entirety and replaced as follows:
SEE ATTACHMENT A
The Zoning Map dated June 23, 2011 is hereby adopted as part of the Zoning Ordinance.
SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage.
VOTING AYE
❑ Guenthner, Ken
Asleson, Rich
❑ Cossette, Tom
n Gmach, George
Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
Milbrandt, Rosalyn
Whereupon, said Ordinance is hereby declared adopted on this 23rd day of June 2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 1 of 1
City Seal
Zoning
Ordinance
City of Corcoran, Minnesota
THIS ZONING ORDINANCE IS SUBJECT TO PERIODIC AMENDMENTS TO REFLECT ZONING DISTRICT CHANGES (MAP)
AND LANGUAGE CHANGES. USERS ARE RESPONSIBLE FOR ASSURING THAT THEIR COPY OF THE ORDINANCE IS
CURRENT. THE CITY MAINTAINS A CURRENT LISTING OF ALL ORDINANCE AMENDMENTS.
THE CITY COUNCIL PERIODICALLY SUPPLEMENTS THE CITY CODE. INCLUDING THIS ORDINANCE WITH POLICY
RESOLUTIONS WHICH ARE DEEMED PART OF THE ORDINANCE. COPIES OF SUCH POLICIES ARE AVAILABLE AT CITY
HALL.
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
763.420.2288
Adopted June 23, 2011
This page left intentionally blank.
Table of Contents
SECTION 1010 - TITLE, PURPOSE AND INTENT 1
1010.010 -TITLE 1
1010.020 - PURPOSE AND INTENT 1
1010.030 - APPLICATION OF THIS ORDINANCE 1
1010.040 - USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS 2
1010.050 - RELATIONSHIP TO COMPREHENSIVE PLAN 2
1010.060 - AUTHORITY 2
1010.070 - SEPARABILITY 2
1010.080 - REPEAL OF EXISTING ZONING REGULATIONS 3
1010.090 - EFFECTIVE DATE 3
SECTION 1020 - RULES AND DEFINITIONS 1
1020.010 - RULES 1
1020.020 - DEFINITIONS 1
SECTION 1030 - GENERAL REQUIREMENTS 1
1030.010 - NON - CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS 1
1030.020 - ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT 4
1030.030 - MINIMUM RESIDENTIAL BUILDING STANDARDS 12
1030.040- TEMPORARY STRUCTURES 12
1030.050 - RELOCATED STRUCTURES 14
1030.060 - MINING AND SOILS PROCESSING 15
1030.070 - BULK STORAGE (LIQUID) 18
1030.080 - HEIGHT LIMITATIONS 18
1030.090 - ESSENTIAL SERVICES 19
1030.100 - HOME OCCUPATIONS 20
SECTION 1040 - DISTRICT REGULATIONS 1
1040.010 - ESTABLISHMENT OF DISTRICTS 1
1040.020 -URBAN RESERVE DISTRICT (UR) 4
1040.030 - RURAL RESIDENTIAL DISTRICT (RR) 15
1040.040 - RSF-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT 22
1040.045 - RSF-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT 29
1040.050 - RSF -3 (SINGLE AND TWO - FAMILY) DISTRICT 35
1040.060 -RMF -1 (MEDIUM DENSITY RESIDENTIAL) DISTRICT 39
1040. 065 - RM F-2 ( MIXED RESIDENTIAL) DISTRICT. 45
1040.070 -RMF -3 (HIGH DENSITY RESIDENTIAL) DISTRICT 49
1040.080 -MP (MANUFACTURED HOME PARK) 56
1040.090 - CR (RURAL COMMERCIAL) 63
1040.095 - TCR (TRANSITIONAL RURAL COMMERCIAL) 71
1040.100 - C -1 (NEIGHBORHOOD COMMERCIAL) 74
1040.110 - C -2 (COMMUNITY COMMERCIAL) 82
1040.120 - BP (BUSINESS PARK) 89
1040.125 -1 -1 (LIGHT INDUSTRIAL) 95
1040.130 - DOWNTOWN MIXED USE (DMU) DISTRICT 101
1040.135 - GENERAL MIXED USE (GMU) DISTRICT 110
1040.140 - PUD (PLANNED UNIT DEVELOPMENT) 118
1040.140 - PI (PUBLIC /INSTITUTIONAL) 126
Table of Contents Page 1
June 23, 2011
SECTION 1050 - OVERLAY DISTRICTS 1
1050.010 - WETLAND OVERLAY DISTRICT 1
1050.020 - SHORELAND OVERLAY DISTRICT 13
1050.030 - FLOOD PLAIN OVERLAY DISTRICT 30
SECTION 1060 - PERFORMANCE STANDARDS 1
1060.010 - EXTERIOR STORAGE 1
1060.020 - REFUSE 2
1060.030 - SCREENING 3
1060.040 - LIGHTING 4
1060.050 - BUILDING STANDARDS 5
1060.060 - PARKING AND LOADING 9
1060.070 - LANDSCAPING 20
1060.080 - FENCES AND WALLS 23
1060.090 - GENERAL PERFORMANCE STANDARDS 25
1060.100 - TELECOMMUNICATIONS SERVICES 26
SECTION 1070 - ADMINISTRATION, PERMITS AND PROCEDURES 1
1070.010- ZONING AMENDMENTS (TEXT AND MAP) 1
1070.020 - CONDITIONAL USE PERMITS 3
1070.030 - INTERIM USES 8
1070.040 - VARIANCES 9
1070.050 -SITE PLAN 14
1070.060 - ADMINISTRATIVE PERMITS AND APPROVALS 24
1070.065 - CERTIFICATE OF COMPLIANCE 27
1070.070 - DEVELOPMENT RIGHTS MAP 29
1070.080 - FEES 30
1070.090 - APPEALS 30
SECTION 1080 - ENFORCEMENT PROVISIONS 1
APPENDIX A - DESIGN GUIDELINES 1
RECOMMENDATIONS FOR OVERALL DESIGN STANDARDS 1
GENERAL DESIGN GUIDELINES 2
SOUTHWEST DISTRICT DESIGN GUIDELINES 9
NORTHEAST DISTRICT DESIGN GUIDELINES 11
SOUTHEAST DISTRICT DESIGN GUIDELINES 14
THE DOWNTOWN ILLUSTRATIVE PLAN AND DESIGN GUIDELINES 20
Table of Contents Page 2
June 23, 2011
SECTION 1010 - TITLE, PURPOSE AND INTENT
1010.010 -Title
This Ordinance shall be known, cited and referred to as the Corcoran Zoning Ordinance
except as referred to herein, where it shall be known as "this Ordinance ".
1010.020 - Purpose and Intent
This Ordinance is adopted for the purpose of:
1. Implementing the approved Comprehensive Plan.
b2. Protecting the public health, safety, morals, comfort, convenience and general
welfare.
i3. Facilitating adequate provisions for transportation, water, sewage, schools,
parks, and other public requirements.
i4. Balancing residential, commercial and industrial development and
population to provide a tax base that can adequately supply the necessary level of
services within the City.
i-5. Providing convenient retail sales and service centers for residents.
v,6.Facilitating continuation of commercial agriculture within the City.
7. Minimizing conflicts between land used for agricultural production and land
demanded for development.
Conserving natural resources and maintaining a high standard of
environmental quality.
9. Conserving the natural, scenic beauty, rural character, and attractiveness of
the Corcoran countryside.
viii.10. Providing for the administration of this Ordinance.
Defining the powers and duties of the administrative officers and bodies.
x12. Prescribing penalties for the violation of the provisions of this Ordinance.
1010.030 - Application of this Ordinance
Subd. 1.
Subd. 2.
Subd. 3.
In their interpretation and application, the provisions of this Ordinance shall
be held to the minimum requirements for the promotion of the public, health,
safety and welfare.
Where the conditions imposed by any provisions of this Ordinance are either
more or less restrictive than comparable conditions imposed by other law,
ordinance, rule or regulation of the city, state, or federal government, the law,
ordinance, rule, or regulation which imposes the more restrictive condition,
standard or requirement shall prevail.
No structure shall be erected, converted, enlarged, reconstructed or altered,
and no structure or land shall be used for any purpose nor in any manner
which is not in conformity with the provisions of this Ordinance.
Section 1010 (Title, Purpose and Intent) Page 1
June 23, 2011
Subd. 4.
Except as herein provided, no building, structure or premises shall hereafter
be used or occupied and no building permit shall be granted that does not
conform to the requirements of this Ordinance.
Subd. 5. Except as herein provided, no land subdivision shall be permitted that
creates non - conformities.
1010.040 - Uses not Provided for within Zoning Districts
Whenever in any zoning district a use is not specifically allowed, the use shall be
considered prohibited. In such case the City Council, or the Planning Commission, on their
own initiative or upon request, may conduct a study to determine if the use is acceptable
and if so what zoning district would be most appropriate and the determination as to
conditions and standards relating to development of the use.
1010.050 - Relationship to Comprehensive Plan
It is the policy of the City of Corcoran that the enforcement, amendment, and
administration of this Ordinance shall be accomplished by adhering to the
recommendations contained in the Comprehensive Plan as developed and amended from
time to time by the Planning Commission and City Council. The City Council recognizes the
Comprehensive Plan as the guiding policy for responsibility to regulate land use and
development in accordance with the policies and purpose set forth in this Ordinance.
1010.060 - Authority
This Ordinance is enacted pursuant to the authority granted under Minnesota Statutes,
Section 462.357.
1010.070 - Separability
It is hereby declared to be the intention of the City that several provisions of this Ordinance
are separable in accordance with the following:
1. If any court of competent jurisdiction shall adjudge any provisions of this Ordinance
to be invalid, such judgment shall not affect any other provision of this Ordinance
not specifically included in said judgment.
2. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Ordinance to a particular property, building or other structure,
such judgment shall not affect the application of said provision to any other
property, building or structure not specifically included in said judgment.
Section 1010 (Title, Purpose and Intent) Page 2
June 23, 2011
1010.080 - Repeal of Existing Zoning Regulations
The existing zoning regulations entitled, "Zoning Ordinance" as passed on March 23, 2004
and as subsequently amended, are repealed. The adoption of this chapter, however, shall
not affect nor prevent any pending or future prosecution of, or action to abate, an existing
violation of prior regulations.
1010.090 - Effective Date
The Zoning Ordinance shall become effective at the date specified by the enabling
ordinance
Section 1010 (Title, Purpose and Intent) Page 3
June 23, 2011
SECTION 1020 - RULES AND DEFINITIONS
1020.010 - Rules
The language set forth in the text of this Ordinance shall be interpreted in accordance with
the following rules of construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses.
C. The words "shall" and "must" are mandatory, and the words "may" and "should" are
permissive.
D. The masculine gender includes the feminine and neuter genders.
E. Whenever a word or term is defined and appears in the text of this Ordinance, its
meaning shall be construed as set forth in such definition.
F. All measured distances expressed in feet shall be in the nearest tenth of a foot.
G. In event of conflicting provisions, the more restrictive provisions shall apply.
H. For terminology not defined in this Ordinance, the City Code, the Minnesota State
Building Code, or the Webster's Dictionary shall be used to define such terms.
I. In the event of a conflict between text and graphics, the text shall apply.
1020.020 - Definitions
ACCESSORY BUILDING: A subordinate building, or a portion of the main building which is
located on the same lot or parcel as the main building and the use of which is clearly
incidental to that of the main building or to the use of the premises.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
ACREAGE, GROSS: The total acreage of the land area, based on the predevelopment
conditions of the site. Existing public streets are deducted from the predevelopment land
area.
ACREAGE, NET: The gross land area minus wetlands and areas below the 100 -year
ordinary high water elevation. For proposed developments, net acreage is based on the
predevelopment conditions of the site. Existing public streets are deducted from the
predevelopment land area.
AGRICULTURAL USE: The production, for sale, of livestock, dairy animals, dairy products,
poultry, or poultry products, fur - bearing animals, horticultural or nursery stock, fruits
vegetables, forage, grains, timber, trees or bees and apiary products. An area which is used
for the production of farm crops as well as for the raising of farm poultry and domestic and
non domestic farm animals, such as horses, cattle, sheep and swine.
AGRICULTURAL BUILDING: An accessory building located on residential property for the
exclusive use of an purpose of Agricultural Used. Agricultural buildings shall not be
Section 1020 (Rules and Definitions) Page 1
June 23, 2011
used for storage of personal or business vehicles or materials unrelated to the Agricultural
Use. To be classified as an agricultural building for the purposes of the Zoning Ordinance,
the building must be located on a minimum of 10 contiguous acres that are used for
agricultural purposes.
ALLEY: A public right -of -way which provides a secondary means of access to abutting
property.
BASEMENT: A portion of a building located partly underground but having half or more of
its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST: A single family dwelling in which four (4) or fewer transient guest
rooms are rented on a nightly basis for periods of less than one (1) week and where at least one
(1) meal is offered in connection with the provision of sleeping accommodations only.
BOARDINGHOUSE (ROOMING OR LODGING HOUSE): A building other than a motel or hotel
where, for compensation and by prearrangement for definite periods, meals or lodgings are
provided for three or more persons, but not to exceed 20 persons.
BUILDING: Any structure having a roof which may provide shelter or enclosure of persons,
animals, chattel, or property of any kind and when said structures are divided by party
walls without openings, each portion of such building so separated shall be deemed a
separate building. For the purpose of this definition, "roof" shall include an awning or
other similar coverings. whether or not they are permanent in nature.
BUILDING AREA: The total floor area of the structure.
BUILDING FOOTPRINT: The horizontal area measured within the outside of the exterior
walls of the ground floor of the structure.
BUILDING HEIGHT: The vertical distance to be measured from the grade of a building line
to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the upper most point on a round or
other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.
BUILDING INSPECTOR OR BUILDING OFFICIAL: Individual so designated and authorized
by the Corcoran City Council.
BUILDING LINE: A line parallel to the street right -of -way, street easements or ordinary
high water level at any story level of a building and representing the minimum distance
that all or any part of the building is set back from said right -of -way, easement or ordinary
high water level. The case of street easements, the building line shall be the required front
yard plus 1/z the easement width measured from the centerline.
CARPORT: A permanent roofed structure with not more than two enclosed sides used or
intended to be used for automobile shelter and storage.
Section 1020 (Rules and Definitions) Page 2
June 23, 2011
CENTRAL WATER AND SEWER SYSTEMS: Utility systems serving a group of buildings, lot
or any area of the City, with the design and construction of such utility systems as approved
by the City and State of Minnesota.
CITY: City of Corcoran, Hennepin County, Minnesota.
CITY CLERK: Individual so designated and authorized by the Corcoran City Council.
CITY COUNCIL: The governing body of the City of Corcoran, Hennepin County, Minnesota.
CITY ENGINEER: Individual or firm so designated and authorized by the Corcoran City
Council.
CITY PLANNER: Individual or firm so designated and authorized by the Corcoran City
Council.
COMPREHENSIVE PLAN: "Comprehensive Plan" is a compilation of goals, policy
statements, standards, programs and maps for guiding the physical, social and economic
development, both public and private, of the municipality and its environs, as defined in the
Minnesota Municipal Planning Act, and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE: A use classified as conditional generally may be appropriate or
desirable in a specific zone, but requires special approval because if not carefully located or
designed it may create special problems such as excessive height or bulk, abnormal traffic
congestion or environmental disruption.
CONTRACTOR OPERATION: An area and /or building devoted to use by a person who
contracts to supply certain materials or to do certain work in the field of building trades.
DAYCARE FACILITY: Any public or private facility licensed by the State of Minnesota, that
regularly provides one or more persons with care, training, supervision, habilitation,
rehabilitation or development guidance on a regular basis for a period less than 24 hours
per day. DaycaroDay Care facilities include, but are not limited to: family daycareday care
homes, group family daycareday care homes, daycareday care nurseries, day nurseries,
nursery schools, Preschools, Montessori schools, as defined by Minnesota State Statutes,
Chapter 245A.
DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises
or other features attached or functionally related to a principal use or site.
DENSITY, GROSS: The number of housing units divided by the gross residential acreage
(total land area), based on the predevelopment conditions of the site. Existing public
streets are deducted from the predevelopment land area.
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June 23, 2011
DENSITY, NET: The number of housing units divided by the net residential acreage (gross
land area minus wetlands and areas below the 100 -year ordinary high water elevation).
For proposed developments, net acreage is based on the predevelopment conditions of the
site. Existing public streets are deducted from the predevelopment land area.
DEVELOPABLE AREA: The net land area available for development. Developable area is
based on the pre- development conditions of the site and is calculated as follows: gross
land area minus wetlands, areas below the 100 -year ordinary high water elevation and
right -of -way or easements for existing public streets.
DRIVE - THROUGH: Any use where products and /or services are provided to the customer
under conditions where the customer does not have to leave the car or where fast service
to the automobile occupants is a service offered regardless of whether the service is
provided within the building.
DWELLING: A building or portion thereof, designated exclusively for residential occupancy,
but not including hotels, motels, nursing homes, boarding or rooming houses, tents,
seasonal cabins, or motor homes or travel trailers.
DWELLING, APARTMENT: A building designed with 3 or more dwelling units exclusively
for occupancy by 3 or more families living independently of each other, but sharing
hallways and main entrances and exits.
DWELLING, ATTACHED: A building where a dwelling unit is joined in a horizontal fashion
to one or more dwelling units by party wall or walls.
DWELLING, DETACHED: A dwelling unit entirely surrounded by open space.
DWELLING, ELDERLY (SENIOR (AGE RESTRICTEDCITIZEN): Multiple family dwelling
designed for and occupied primarily by persons over 55 years of age, and which may
include on -site recreational, social or health care services for the benefit of the residents.
DWELLING, MULTIPLE FAMILY: Three or more dwelling units grouped into one building,
including apartments.
DWELLING, SINGLE FAMILY: A building designed for and occupied exclusively by one
family.
DWELLING, TWO FAMILY: A building designed for occupancy by 2 families in separate
dwelling units.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by one
or more persons with facilities for living, sleeping, cooking and eating, but not including
hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor
homes, or travel trailers.
Section 1020 (Rules and Definitions) Page 4
June 23, 2011
DWELLING UNIT, ACCESSORY: A self - contained dwelling unit having its own kitchen and
bathroom facilities, and which is designed as a second separate dwelling unit that is clearly
incidental and subordinate to the principal use of a lot.
ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by private or
public utilities, or municipal departments of underground or overhead telephone, gas,
electrical, steam, hot water, waste, or water transmission, distribution, collection, supply or
disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and
accessories in connection therewith for the furnishing of adequate service by such private
or public utilities or municipal departments. Essential services shall not include waste
facilities.
ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of
essential services, including but not limited to: telephone buildings, telephone booths, gas
regulator stations, substations, electrical stations, water tanks, lift stations. Essential
service structures shall not include transmission /reception antennas.
EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products
and similar items not fully enclosed by a building.
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock,
industrial minerals, other non - metallic minerals and peat not regulated under Minnesota
Statutes, Section 93.44 to 93.51.
FAMILY: An individual or a group of two or more persons each related by blood, marriage,
adoption, or foster care arrangement living together as a single housekeeping unit, or a
group of not more than four persons not so related, maintaining a common household, and
using common cooking and kitchen facilities, exclusive of usual servants.
FLOOD RELATED:
ACCESSORY USE OR STRUCTURE: a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT: means any area of a structure, including crawl spaces, having its floor
or base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
CONDITIONAL USE: means a specific type of structure or land use listed in the
official control that may be allowed but only after an in -depth review procedure and
with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
1. Certain conditions as detailed in the zoning ordinance exist.
Section 1020 (Rules and Definitions) Page 5
June 23, 2011
2. The structure and /or land use conform to the comprehensive land use plan if
one exists and are compatible with the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT: a method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows.
FLOOD: a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY: the frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
FLOOD FRINGE: that portion of the flood plain outside of the floodway. Flood fringe
is synonymous with the term " floodway fringe" used in the Flood Insurance Study
for the City of Corcoran.
FLOOD PLAIN: the beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
FLOOD PROOFING: a combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
FLOODWAY: the bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to carry or
store the regional flood discharge.
LOWEST FLOOR: the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not considered
a building's lowest floor.
MANUFACTURED HOME: a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
does not include the term "recreational vehicle."
OBSTRUCTION: any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris
carried by such water.
Section 1020 (Rules and Definitions) Page 6
June 23, 2011
PRINCIPAL USE OR STRUCTURE: means all uses or structures that are not accessory
uses or structures.
REACH: a hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man -made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
RECREATIONAL VEHICLE: a vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be
self - propelled or permanently towable by a light duty truck, and is designed
primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this Ordinance,
the term recreational vehicle shall be synonymous with the term travel
trailer /travel vehicle.
REGIONAL FLOOD: a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100 -year
recurrence interval. Regional flood is synonymous with the term "base flood" used
in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on the
flood plain that result from designation of a floodway.
STRUCTURE: anything constructed or erected on the ground or attached to the
ground or on -site utilities, including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, recreational vehicles not meeting
the exemption criteria specified in Subd.9.C.1 of Section 1050.030 of the Zoning
Ordinance and other similar items.
SUBSTANTIAL DAMAGE: means damage of any origin sustained by a structure
where the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT: within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
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June 23, 2011
1. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions.
2. Any alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure." For
the purpose of this Ordinance, "historic structure" shall be as defined in Code
of Federal Regulations, Part 59.1.
VARIANCE: means a modification of a specific permitted development standard
required in an official control including this Section to allow an alternative
development standard not stated as acceptable in the official control, but only as
applied to a particular property for the purpose of alleviating a hardship, practical
difficulty or unique circumstance as defined and elaborated upon in a community's
respective planning and zoning enabling legislation.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. The floor area of a building shall include basement floor area,
penthouses, attic space having headroom of seven feet or more, interior balconies and
mezzanines, lean -tos, enclosed porches and floor area devoted to accessory uses. However,
any space devoted to mechanical equipment, stairwells, elevator shafts, parking or loading
shall not be included in floor area for the purposes of parking calculations.
GARAGE, PRIVATE: An accessory building or accessory portion of the principal building
which is intended for and used to store the private passenger vehicles of the family or
families who reside upon the premises.
GARDEN CENTER: A place of business where retail and wholesale garden products are
sold to the retail consumer and may include nurseries and greenhouses. These centers
import the majority of the items sold. These centers may also include the sale of
handicrafts, nursery products, fertilizer, potting soil, mulch, rock and other garden
supplies, including power equipment, such as garden tractors, lawnmowers, farm
equipment, etc.
GOVERNING BODY: Corcoran City Council.
GOVERNMENT BUILDING: A building that is operated by the U.S. federal government, State
of Minnesota, Metropolitan Council, Hennepin County, or City of Corcoran for purposes of
carrying out governmental duties. The definition does not include publicly or privately
operated school facilities (e.g., classrooms, administrative offices, maintenance buildings).
GREENHOUSE: A building used for the cultivation or protection of trees, plants, flowers,
vegetable and nursery stock for subsequent sale or seasonal enjoyment. Greenhouses
include hoop houses and may be permanent or portable.
Section 1020 (Rules and Definitions) Page 8
June 23, 2011
HARDSHIP: A situation where property in question cannot be put to a r asonablc use
circumstances unique to thc property, not crcated by thc landowner; and thc variance, if
granted, will not alter the essential character of the locality. Economic considerations
alone shall not constitute a hardship if a r asonablc use for the property exists under the
terms of the official controls.
HOTEL: A building which provides a common entrance lobby, halls and stairway and 3 or
more guest rooms intended to be used for temporary lodging for compensation, whether
with or without meals.
HOME OCCUPATION: A Home Occupation is any gainful occupation or profession engaged
in by the legal resident of a dwelling, at or from the dwelling, or from an accessory building.
Home Occupations in this Ordinance are identified as allowed, special (requiring an
administrative permit) and conditional home occupations (requiring an interim use permit
annual license).
JUNK YARD: An open area where waste, used or second hand materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including but not limited to,
scrap, iron and other metals, paper, rags, rubber, ties, and bottles. A junk yard includes an
auto - wrecking yard, but does not include uses established entirely within enclosed
buildings. This definition does not include sanitary landfills.
KENNEL, COMMERCIAL: A structure or premises where dogs are kept or possessed for the
business of boarding, breeding, grooming and or training for profit.
KENNEL, HOBBY: A structure or premises that is located in a residential area that is not
operated as a business for the sale, breeding, grooming, boarding, or training but rather as
a hobby. Wherein the dogs are kept exclusively as personal /family pets.
LANDSCAPING: Alteration of the natural terrain, including the planting of trees, grass,
shrubs, and ground cover.
LOT: A parcel or portion of land in a subdivision or plat of land, separated from other
parcels or portions by description as on a subdivision of record or survey map, for the
purpose of sale or lease or separate use thereof.
LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER: A lot situated at the junction of, and abutting on two or more intersecting
streets, or a lot at the point of deflection in alignment of a continuous street, the interior
angle of which does not exceed 135 degrees.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line
of a lot.
Section 1020 (Rules and Definitions) Page 9
June 23, 2011
LOT LINE: The property line bounding a lot except that where any portion of a lot extends
into an easement for public right -of -way, the line of such public right -of -way shall be the lot
line for applying this Ordinance.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public
street, and in the case of a corner lot it shall be the shortest dimension on a public street. If
the dimensions of a corner lot are equal, the front lot line shall be designated by the owner
and filed with the City. However, both front lot lines shall be subject to the front yard
setback requirements.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear line
is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a
line 10 feet in length within the lot, parallel to, and at the maximum distance from the front
lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: Any lot which is one unit of a plat duly approved and filed, or one unit of
an Auditor's Subdivision or a Registered Land Survey that has been recorded in the Office
of the Register of Deeds or Registrar of Titles for Hennepin County, Minnesota, prior to the
effective date of this Ordinance.
LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two substantially
parallel streets, and which is not a corner lot. On a through lot, both street lines shall be
from lot lines for applying this Ordinance.
LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot
measured at the required front lot line or ordinary high water level of the shoreline.
MINING: The extraction of sand, gravel, rock, soil or other materials from the land in the
amount of 301 cubic yards or more and the removing thereof from the site without
processing shall be mining. The only exclusion from this definition shall be removal of
materials associated with construction of a building provided such removal is an approved
item in the building permit.
MANUFACTURED HOME: Any manufactured housing unit designed for transportation on
streets and highways on its own wheels or on flatbed or other trailers, and a dwelling
complete and ready for occupancy, except for minor and incidental unpacking and
assembly operations, location on jacks or permanent foundations, connection to utilities
and the like.
MANUFACTURED HOME PARK: An area which lots are rented for the placement of non -
transient occupied manufactured homes.
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June 23, 2011
MODEL HOME: A home which is similar to others in a development and which is
temporarily open to public inspection for the purpose of selling.
MODULAR HOME: A non - mobile housing unit that is basically fabricated at a central
factory and transported to a building site where final installations are made, permanently
affixing the module to the site. A module home shall be congruous to a one family dwelling.
MOTEL: A building or group of detached, semi - detached or attached buildings containing 3
or more guest rooms or units, each of which has a separate entrance directly from the
outside of the building, or corridor, with garage or parking space conveniently located to
each unit, and which is designed, used or intended to be used primarily for the
accommodation of transient guests traveling by automobile.
MOTOR FUEL STATION: Any building or premises used for the dispensation, sale or
offering for sale at retail of any motor fuels, oils or lubricants. When the use is incidental to
the conduct of a public garage, the premises shall be classified as a public garage. Such uses
may include convenience food sales and car wash facilities, as accessory uses.
NURSERY: A place for propagation, cultivation, growth, sale and storage of trees, plants,
flowers, vines, fruits, vegetables and similar agricultural products, including materials
integral to proper nursery operation, from seed or stock. Nurseries may also provide
accessory items for the care and maintenance of nursery products, including fertilizer,
potting soil, mulch, rock and other garden supplies, but not including power equipment,
such as garden tractors, lawnmowers, farm equipment, etc. "Nursery" may include
greenhouses.
OFFICES, PROFESSIONAL OR COMMERCIAL: A building or portion of a building wherein
services are performed involving predominantly administrative, professional or clerical
operations.
OFF- STREET LOADING SPACE: A space accessible from a street, alley, or driveway for the
use of trucks or other vehicles while loading or unloading merchandise or materials. Such
space shall be of sufficient size to be accessible to and accommodate one vehicle of the type
typically used in the particular business.
PLANNED UNIT DEVELOPMENT: A zoning designation which allows a mixing of buildings
and uses which cannot be otherwise addressed under this section, and /or whereby
internal site design standard deviations from this section may be allowed to improve site
design and operation.
PLANNING COMMISSION: The Planning Commission of the City of Corcoran except when
otherwise designated.
PRINCIPAL BUILDING, STRUCTURE OR USE: One which determines the predominant use
as contrasted to accessory building, structure or use.
Section 1020 (Rules and Definitions) Page 11
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PUBLIC LAND: Land owned or operated by municipalities, school district, county, state, or
other governmental unit.
PUBLIC UTILITY: An essential service (not limited to electric, gas, water, sewer, cable
television, and telephone) owned, operated or franchised by city, school district, county,
state or other governmental unit.
RECREATION, COMMERCIAL: Includes all uses such as bowling alleys, driving ranges, and
movie theaters that are privately owned and /or operated with the intention of earning a
profit by providing entertainment for the public.
RECREATION EQUIPMENT: Play apparatus such as swing sets and slides, sandboxes, poles
for nets, stands, and similar equipment or structures but not including tree houses,
swimming pools, playhouse exceeding 25 square feet of floor area, or sheds utilized for
storage of equipment.
RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, picnic areas, and
the like that are commonly provided for the public at parks, playgrounds, community
centers, and other sites owned and operated by a unit of government for the purpose of
providing recreation.
RESIDENTIAL FACILITY, STATE LICENSED: Any facility licensed by the Minnesota
Department of Human Services, public or private, which for gain or otherwise regularly
provides one or more persons with twenty -four (24) hour per day substitute care, food,
lodging, training, education, supervision, habilitation, rehabilitation, and treatment they
need, but which for any reason cannot be furnished in the person's own home. Residential
facilities include, but are not limited to: state institutions under the control of the
Commissioner of Public Welfare, foster homes, halfway houses, residential treatment
centers, maternity shelters, group homes, residential programs or schools for handicapped
children.
SEASONAL PRODUCE STAND: A temporary and transient business within the city, selling
the products of the farm or garden occupied and cultivated by the operator; where the
operator conducts the business in or on a building, structure, vacant lot, motor vehicle
trailer, or railroad car, on a site other than the property on which the produce is grown and
cultivated.
SETBACK: The minimum horizontal distance between a structure and the nearest lot line,
except that if an outlot for a public trail separates such lot line from a street right -of -way,
setback shall mean the minimum horizontal distance between a structure and the street
right -of -way line. Additionally, within the shoreland districts setback shall mean the
minimum horizontal distance between a structure or a sewage treatment system and the
ordinary high water level. For purposes of earth shelter buildings only, above grade
portions shall be used in determining setback requirements. In all cases, distances are to
be measured from the most outwardly extended portion of the structure at ground level,
except as provided hereinafter.
Section 1020 (Rules and Definitions) Page 12
June 23, 2011
SEWAGE TREATMENT SYSTEM: On -site means for disposing and treating human and
domestic waste such as a septic tank and soil absorption system or other system allowed
by state and city regulations; used where authorized by the City when access to the
municipal sewer system is not required or feasible.
SEWER SYSTEM: The public utility operated by the City to conduct sanitary wastes to the
Metropolitan Council Environmental Services facility for treatment and disposal.
SHORELAND RELATED:
ACCESSORY STRUCTURE OR FACILITY: any building or improvement subordinate
to a principal use which, because of the nature of its use, can reasonably be located
at or greater than normal structure setbacks.
BOATHOUSE: a structure designed and used solely for the storage of boats or
boating equipment.
BLUFF: A topographic feature such as a hill, cliff or embankment having the
following characteristics (an area with an average slope of less than 18 percent over
a distance of 50 feet or more shall not be considered part of the bluff):
41. Part or all of the feature is located in a shoreland area.
13:2. The slope rises at least 25 feet above the ordinary high water level of
the water body.
Q3. The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30 percent or greater.
DA The slope must drain toward the water body.
BLUFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff.
COMMISSIONER: The Commissioner of the Department of Natural Resources.
DWELLING SITE: A designated location for residential use by one or more persons
using temporary or movable shelter, including camping and recreational vehicle
sites.
INTENSIVE VEGETATION CLEARING: the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
ORDINARY HIGH WATER LEVEL: the boundary of public waters and wetlands; it is
an elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape. Commonly, that
point where the natural vegetation changes from predominantly aquatic to
predominately terrestrial. For watercourses, the ordinary high water level is the
Section 1020 (Rules and Definitions) Page 13
June 23, 2011
elevation of the top of the bank of the channel. For reservoirs and flowages, the
ordinary high water level is the operating elevation of the normal summer pool.
PUBLIC WATERS: any waters defined in Minnesota Statutes, section 103G.005,
subdivisions 15 and 15a.
SENSITIVE RESOURCE MANAGEMENT: the preservation and management of areas
unsuitable for development in their natural state due to constraints such as shallow
soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in need of special
protection.
SHORE IMPACT ZONE: the land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure
setback.
SHORELAND: land located within the following distances from public waters: 1,000
from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a
river or stream, whichever is greater. The limits of shorelands may be reduced
whenever the waters involved are bounded by topographic divides that extend
landward from the waters for lesser distances and when approved by the
Commissioner of the Department of Natural Resources.
SHORELINE BUFFER AREA: An area of unvegetated ground cover abutting a
shoreline of a lake, stream or wetland that is unmown, undisturbed or re-
established to meet the requirements of Section 1050.010 of this Ordinance.
SIGNIFICANT HISTORIC SITE: any archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic
Places, or is listed in the State Register of Historic Sites, or is determined to be an
unplatted cemetery that falls under the provisions of Minnesota Statutes, section
307.08. A historic site meets these criteria if it is presently listed on either register
or if it is determined to meet the qualifications for listing after review by the
Minnesota state archaeologist or the director of the Minnesota Historical Society.
All unplatted cemeteries are automatically considered to be significant historic sites.
STEEP SLOPE: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or
other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this ordinance.
Where specific information is not available, steep slopes are lands having average
slopes over 18 percent, as measured over horizontal distances of 50 feet or more
and that are not bluffs.
Section 1020 (Rules and Definitions) Page 14
June 23, 2011
TOE OF THE BLUFF: The lower point of a 50 -foot segment with an average slope
exceeding 18 percent.
TOP OF THE BLUFF: The lower point of a 50 -foot segment with an average slope
exceeding 18 percent.
WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: a small, above ground
building or other improvement, except stairways, fences, docks, and retaining walls,
which, because of the relationship of its use to a surface water feature, reasonably
needs to be located closer to public waters than the normal structure setback.
Examples of such structures and facilities include boathouses, gazebos, screen
houses, fish houses, pump houses, and detached decks.
STORY: That portion of the building included between the surface of any floor and the
surface of the floor next above it, or if there is no floor above it, the space between such
floor and the ceiling next above it.
STREET: A public right -of -way for vehicular traffic, whether designated as a highway,
thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane,
place, drive, court or otherwise designated, which has been dedicated or deeded to the
public for public use and which provides the principal means of access to abutting
property.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would
prolong the life of the supporting members of a building, such as bearing walls, columns,
beams, girders or foundations.
STRUCTURE: Anything constructed, the use of which requires more or less permanent
location on the ground; or attached to something having a permanent location on the
ground.
SUBDIVISION: Any division or rearrangement of land, except for those separations:
A:1. Where all the resulting parcels, tracts, lots or interests will be 20 acres or
larger in size and 500 feet in width for residential uses and 5 acres or larger in
size for commercial and industrial uses;
12. Creating cemetery lots;
Q3. Resulting from court orders or the adjustment of a lot line by the relocation
of a common boundary.
TAVERN: Any use in which the primary purpose is the sale of alcoholic beverages for on-
premises consumption, which may or may not include dancing.
TELECOMMUNICATIONS RELATED:
Section 1020 (Rules and Definitions) Page 15
June 23, 2011
ANTENNA SUPPORT STRUCTURE: A building, athletic field lighting, water tower, or
other structure, other than a tower, which can be used for location or
telecommunications facilities.
ENGINEER: An engineer licensed by the state of Minnesota.
PERSON: Any natural person, firm, partnership, association, corporation, company,
or other legal entity, private or public, whether for profit or not for profit.
STEALTH: Designed to blend into the surrounding environment; examples of
stealth facilities include, without limitation, architecturally screen roof - mounted
antennas, antennas integrated into architectural elements, and telecommunication
towers designed to appear other than as a tower, such as light poles, power poles,
and trees.
TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas or
any other equipment or facilities associated with the transmission or reception of
communications located or installed on or near a tower or antenna support
structure; the term does not include:
41. A satellite earth station antenna two meters in diameter or less located in an
industrial or commercial district.
112. A satellite earth station antenna one meter or less in diameter, wherever
located.
TELECOMMUNICATIONS TOWER OR TOWER: A self- supporting lattice, guyed, or
monopole structure constructed from grade that supports telecommunications
facilities; the term does not include amateur radio operations equipment licensed by
the Federal Communications Commission.
TREE FARM: An agricultural operation limited to the planting, growing and harvesting
trees. Trees may be exported for sale, but no wholesale or retail sales are permitted on
site.
TOWNHOME: One unit of a single family attached housing facility with the first story at or
near the ground level with no other dwelling units or portions thereof directly above or
below, and each unit having direct exterior access with no sharing of a common hallway for
entry.
TRUE FARM: A parcel of land that is actively farmed and at least 30 acres in size.
USE, NON- CONFORMING: A use of land, building or structure lawfully existing at the time
of adoption of this Ordinance which does not comply with all the regulations of this
Ordinance or any use of land, building or structure lawfully existing prior to the adoption of
Section 1020 (Rules and Definitions) Page 16
June 23, 2011
an amendment of this Ordinance which would not comply with all of the newly adopted
regulations.
USE, PERMITTED: A public or private use which of itself conforms to the purposes,
objectives, requirements, regulations, performance standards of a particular district.
VARIANCE: A modification or variation of the provisions of this Ordinance where it is
determined that by reason of special and unusual circumstances relating to a specific lot,
that strict application of the Ordinance would cause an undue or unnecessary
hardshippractical difficulties, or that strict conformity with the provisions of this
Ordinance would be unreasonable, impractical or unfeasible under the circumstances.
WETLAND RELATED:
ALTERATION: Human - induced actions that adversely impact the existing
condition of a wetland or wetland buffer area, including grading filling dredging,
dumping, cutting, pruning, topping, clearing native vegetation, and discharging
pollutants. Alteration does not include walking, passive recreation, fishing, farming,
or planting that enhances native vegetation, or other similar activities allowed
under the Minnesota Wetland Conservation Act.
AVERAGE BUFFER WIDTH: The average width of a buffer area within a single
development or development phase.
APPLICANT: The owner, their agent or person having legal control, ownership
and /or interest in land which the provisions of this Chapter are being considered for
or reviewed.
BUFFER STRIP OR BUFFER AREA: an area of vegetated ground cover abutting a
wetland that is unmown, undisturbed, or re- established to have the characteristics
identified in Section 1050.01, Subd. 8 of this ordinance.
BUILDING SETBACK: The minimum horizontal distance between the building and
the property line; or in the case of a shoreland yard, the ordinary high water level;
or in the case of a lot containing all or a portion of a wetland, the nearest edge of the
wetland buffer area.
COMMUNITY, PLANT: an interacting assemblage of plant populations sharing a
given habitat.
FILLING (FLOODPLAIN, SHORELAND, WETLAND RELATED): The act of depositing
any rock, soil, gravel, sand or other material so as to fill a water body, watercourse,
or wetland.
FUNCTIONAL VALUE: A number value from 0.1 to 1.0 that is assigned to a wetland
to indicate its value for stormwater management, vegetation diversity, habitat value,
Section 1020 (Rules and Definitions) Page 17
June 23, 2011
recreational and aesthetic values as determined by the Minnesota Rapid Assessment
Methodology (MnRAM).
NATIVE GRASSES: Those species of perennial grasses that are native to the local
region, and were not introduced as a result of European settlement or subsequent
human introduction.
NATIVE PLANT SPECIES: The pre- European settlement group of plant species that is
native to the local region, and were not introduced as a result of European
settlement or subsequent human introduction.
WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where
the water table is usually at or near the surface, or the land is covered by shallow
water. Consistent with the Wetland Conservation Act (WCA), wetlands are to be
identified and delineated using the methodology set forth in the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on
Wetland Delineation, 1987, or it most recent revision). For purposes of this
definition, wetlands have three of the following attributes:
A:1. A predominance of hydric soils
112. Inundation or saturation by surface or ground water at a frequency
and duration sufficient to support a prevalence of hydrophytic vegetation
typically adapted for life in saturated soil conditions
Q3. Under normal circumstances support a prevalence of such vegetation
This definition does not include wetlands created from uplands either: (1) for storm
water storage and management purposes, or (2) by actions not intended to create
the wetland and approved, permitted, funded or overseen by a public entity.
WETLAND EDGE: The line delineating the outer edge of a wetland. This line shall be
established by using the 1987 Corps of Engineers (COE) Wetlands Delineation
Manual, or its most recent version.
WETLAND FUNCTIONS: The natural processes performed by wetlands, including
providing wildlife and fishery habitat, facilitating food chain production, providing
habitat for nesting, rearing, and resting sites for animal species, maintaining the
availability and quality of water, purifying water, acting as a recharge and discharge
area for groundwater aquifers, and moderating surface water and storm water
flows, improving storm water quality, providing aesthetic benefits, and performing
other functions, including but not limited to those set out in U.S. Army Corps of
Engineers regulations at CFR Section 320.4 (b)(2)(1988).
WETLANDS, HIGH QUALITY: These wetlands exist in a largely unaltered state and
have special or unusual qualities that call for a high level of protection. These
wetlands may provide habitat for rare, threatened and /or endangered plant and
animal species; and are ranked High in Wetland Functional Level for most
categories (Floral Diversity /Integrity, Flood /Stormwater Attenuation, Water Quality
Section 1020 (Rules and Definitions) Page 18
June 23, 2011
Protection, Wildlife and /or Fishery Habitat, Aesthetics /Recreation) when evaluated
using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.
WETLANDS, MEDIUM QUALITY: These wetlands have experienced some alteration,
and are ranked Medium in Wetland Function Level for most categories (Floral
Diversity /Integrity, Flood /Stormwater Attenuation, Water Quality Protection,
Wildlife and /or Fishery Habitat, Aesthetics /Recreation) when evaluated using the
Minnesota Rapid Assessment Method for Evaluating Wetland Functions.
WETLANDS, LOW QUALITY: These wetlands have usually been substantially altered
by human activities, and ranked Low in Wetland Function Level for most categories
(Floral Diversity /Integrity, Flood /Stormwater Attenuation, Water Quality
Protection, Wildlife and /or Fishery Habitat, Aesthetics /Recreation) when evaluated
using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.
YARD: A required open space on a lot which is unoccupied and unobstructed by a structure
from its lowest level to the sky except as permitted in this Ordinance. The yard extends
along the lot line at right angles to such lot line to a depth or width specified in the setback
regulations for the zoning district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between side lots
lines and extending from the abutting street right -of -way line to a depth required in the
setback regulations for the zoning district in which such lot is located.
YARD, REAR: The portion of the yard on the same lot with the principal building located
between the rear line of the building and the rear lot line and extending for the full width of
the lot.
YARD, SIDE: The yard extending along the side lot line between the front and rear yards to
a depth or width required by setback regulations for the zoning district in which such lot is
located.
ZONING ADMINISTRATOR: Individual or firm so designated and authorized by the
Corcoran City Council.
ZONING DISTRICT: An area or areas within the limits of the City for which the regulations
and requirements governing use are uniform.
ZONING DISTRICT AMENDMENTS: A change authorized by the governing body either in
the allowed use within a district or in the boundaries of a district.
(Ord. 200, passcd 07 22 09; Ord. 209, passed 10 28 04, Ord. 225, passed 11 22 05, Ord. 231, passcd 02 09 06,
Ord. 237, passed 11 20 06)
Section 1020 (Rules and Definitions) Page 19
June 23, 2011
SECTION 1030 - GENERAL REQUIREMENTS
1030.010 - Non - Conforming Buildings. Structures. Uses and Lots
Subd. 1.
Conditional Uses and Interim Uses. Any established building, structure, use
or lot legally existing prior to March 23, 2004, and which is classified by this
Zoning Ordinance as requiring a conditional use permit or interim use permit
may be continued in a like fashion and activity and shall automatically be
considered as having received conditional use permit or interim use permit
approval. However, any change to such use or building shall require a new
conditional use permit or interim use permit to be processed according to
this Zoning Ordinance.
Subd. 2. Non- conforming Uses.
bA. Effective Date. The legal use of buildings or land existing at the effective
date of this ordinance, which does not conform to the provisions of this
ordinance may be continued, but shall not be enlarged or increased nor
shall it be expanded to occupy a greater area of the building or land
occupied at the time of adoption of this ordinance. Furthermore, a non-
conforming use may not be moved to another portion of the land or
building.
14B. Continued Use. Non - conforming uses shall not be expanded, but may
be continued at the same size and in the same manner of operation as it
existed on the date it became a legal, non - conforming use.
iC. Changes to Non - Conforming Uses.
a:1.When a legal, non - conforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter
be changed to any non - conforming use.
13,2. A legal, non - conforming use of a structure or parcel of land
may be changed to lessen the non - conformity of use. Once a non-
conforming structure or parcel of land has been changed, it shall not
thereafter be so altered to increase the non - conformity.
i -D. Discontinuance. In the event that a non - conforming use of any
building or lot is discontinued for a period of one year, the use of the
same shall thereafter conform to the regulations of the district in which it
is located.
v E.Normal Maintenance. Maintenance of a building or other structure
containing or used by a non - conforming use will be permitted when it
Section 1030 (General Requirements) Page 1
June 23, 2011
includes necessary non - structural repair and incidental alterations which
do not extend or intensify the non - conforming building or use.
Subd. 3. Non- Conforming Buildings and Structures.
A. Restoration. No legal, non - conforming use, building or structure which
has been damaged by fire, explosion, act of God, or other peril, to the
extent of greater than 50 percent of its market value, as determined by
the City Building Official, and no building permit has been applied for
within 180 days of when the property was damaged, shall be restored,
except in conformity with the regulations of this Ordinance.
B. Alterations. Alteration and normal maintenance to a legal, non-
conforming building or structure may be made provided:
a:1.The alterations do not expand the building size.
l2. The alterations do not change the building occupancy capacity
or parking demand.
E3. The alteration does not increase the non - conformity of the building or
the use.
C. Expansion of Non - Conforming Buildings or Structures.
41. Administrative Approvals. The following expansions of legal,
non - conforming building and structures may be approved if the
Zoning Administrator determines that the building expansion will
have no external negative impacts upon adjacent properties or public
rights -of -way.
a. Expansion of buildings found to be non - conforming only by reason
of height, yard setback, or lot coverage area may be permitted
provided the structural non - conformity is not increased and the
expansion complies with the performance standards of this
Ordinance.
13:2. Conditional Use Permit. Legal, non - conforming commercial,
industrial, public, semi - public, and multiple- family structures may be
expanded on the same lot by conditional use permit provided:
4a. The expansion will not increase the non - conformity of the
building or site.
Section 1030 (General Requirements) Page 2
June 23, 2011
Subd. 4.
1b. The new building expansion will conform to all the applicable
performance standards of this Ordinance. A conditional use
permit shall not be issued under this section for a deviation from
other requirements of this Ordinance unless variances are also
approved.
&c. The request for conditional use permit shall be evaluated based on
standards and criteria set forth in this Ordinance.
Non- Conforming Lots.
A. Vacant or Redeveloped Lots.
a 1.A lot or parcel of land for which a deed or contract for deed has been
recorded in the office of the Hennepin County Recorder upon, or prior
to, the effective date of this Ordinance shall be deemed a buildable lot
provided:
4,a.The lot has frontage on a public right -of -way, or is governed by a
valid driveway agreement,
-b. The lot has access to municipal sewer and water if located
within the municipal urban service boundary, has an approved
well and an approved on -site septic system or is able to provide a
well and on -site septic system in compliance with all City and State
requirements.
3,c. The setback and yard requirements of the applicable zoning
district can be achieved while simultaneously resulting in
development that complies with the character and quality of the
immediate area and the objectives of the City's Comprehensive
Plan and Zoning Ordinance.
13,2. Access to any public street shall require a driveway permit as
issued by the City Building Official.
�3. Lot Combination. If an owner has an interest in more than one lot of
record contiguous to other lots of record, all such lots shall be
combined to meet the requirements of this section or the applicable
zoning district standards. If sufficient contiguous property is held in
one ownership to comply with the standard of the applicable zoning
district, then those more restrictive provisions will apply. In no
circumstances will there be approval of any proposal for multiple lot
developments based upon lots of record, and not conforming to the
provisions of the existing zoning district.
Section 1030 (General Requirements) Page 3
June 23, 2011
B. Developed Lots. An existing conforming use on a lot of substandard size
and width may be expanded or enlarged if such expansion or
enlargement meets all other provisions of this Ordinance.
(Ord. 237, passcd 11 20 06)
1030.020 - Accessory Buildings, Structures, Uses and Equipment
Subd. 1. Permits Required.
A. A building permit is required for all accessory buildings, except:
1. Agricultural buildings as defined by this chapter. These buildings shall
not require a building permit, but shall be required to obtain a
Certificate of Compliance from the City prior to beginning
construction and shall comply with all other zoning ordinance
standards and permit requirements.
2. Accessory structures less than 120 square feet in area. These
buildings shall be required to meet all setback requirements.
4 1 1• ..
Any easements and
Subd. 42.
Time of Construction. No accessory building shall be constructed or
developed on a lot prior to the time of construction of the principal building,
except for agricultural buildings as defined by this ordinance and allowed by
this section.
Subd. 3. Location
A. Except in the UR and RR districts, no accessory building, structure, or use
shall be allowed within a front yard.
Section 1030 (General Requirements) Page 4
June 23, 2011
B. Detached accessory structures shall be have a minimum building
separation of 10 feet from the principal building.
C. Accessory structures located on through lots may be located between the
rear of the principal building and the public right -of -way.
D. Recreation equipment such as play apparatus, swing sets and slides,
sandboxes, tree houses, above or in- ground swimming pools, hot tubs,
play houses, etc. shall comply with the minimum accessory structure
setbacks.
E. Setbacks
1. Setbacks for accessory buildings in the UR and RR district shall
comply with the following:
a. Front yard - same as underlying zoning district
b. Side yard - 20 feet
c. Rear yard - 15 feet
d. Agricultural uses shall be a minimum of 100 feet from all property
lines, unless the agricultural use is an animal shelter and said
shelter is no more than one -half the total allowable square footage
as set forth in Subd. 4(E) of this section, in which case said shelter
may be set back a minimum of 25 feet from the property line and
75 feet from neighboring residences.
2. Setbacks for accessory buildings in the urban residential zoning
districts shall comply with the following:
a. Front yard - no accessory building shall be located in the front
yard
b. Side yard - 10 feet
c. Rear yard - 10 feet
3. Setbacks for accessory buildings in the non - residential zoning
districts shall comply with the following:
a. Front yard - no accessory building shall be located in the front
yard
b. Side yard -10 feet
Section 1030 (General Requirements) Page 5
June 23, 2011
c. Rear yard - 10 feet
d. Yards adjacent to residential - accessory buildings shall comply
with the minimum setback requirements for principal structures
in the district.
Subd. 2-4. Size
A. No accessory building shall exceed thc height of thc principal building
except as allowed by Conditional Use Permit.
14,A. In the A and RR districtsA- attached garages with a footprint of less
than 1,000 square feet in area shall not be considered as part of the
square footagemaximum footprint for purposes of the detached accessory
structure calculations. However, attached accessory space in excess of
the initial 1,000 square feet shall be counted towards the maximum
allowable detached accessory building areafootprint.
B. The footprint of above grade or below grade swimming pools and 1
accessory structure of not more than 120 square feet shall not be
included in the calculation of maximum allowable area of accessory
structures.
C. A maximum of one fish house shall be permitted to be stored on a
property and shall meet all accessory structure setback requirements.
C. Except in the A and RR districts, no accessory building, structure, or use shall be
allowed within a front yard.
D. Setbacks
1. Setbacks for accessory buildings in the A and RR district shall comply with the
following:
A. Front yard same as underlying zoning district
B. Side yard 20 feet
C. Rear yard 15 feet
D. Agricultural uses shall be a minimum of 100 feet from all property lines, unless the
square footage as set forth in Subdivision 2(F) of this section, in which case said shelter
may be set back a minimum of 25 feet from thc property line and 75 feet from neighboring
residences.
Section 1030 (General Requirements)
June 23, 2011
Page 6
2. Setbacks for accessory buildings in the urban residential zoning districts shall
comply with the following:
A. Front yard no accessory building shall be located in the front yard
B. Side yard 10 feet
C. Rear yard 10 feet
3. Accessory buildings in the non residential zoning districts shall comply with the
following:
A. Front yard no accessory building shall be located in the front yard
B. Side yard 10 feet
C. Rcar yard 10 feet
setback requirements for principal structures in the district.
&D. Except in the A-UR and RR districts, a conditional use permit is
required for construction of more than one detached accessory building
with a footprint in excess of 120 square feet in gross floor area.
-1E. The maximum allowable total or accumulated footprint (total
footprint of all accessory structures) square footage for detached
accessory buildings in the Agricultural Urban Reserve and Rural
Residential districts shall be as follows:
Acres
0
0.1
0.2
0.3
0A
0.5
0:6
0.7
0,8
0.9
<4
1,000 25 of the the rear is less.
or percent area of yard, whichever
4
1,000
1,020
1,040
1,060
4,080
440-0
4420
4440
4460
1,180
2
1,200
1,225
1,250
1,275
1,300
1,325
1,350
1,375
1,400
1,425
3
1,450
1,475
1,500
1,525
4,5-5-0
1,575
4100
1,625
1,650
1,675
4
1,700
1,725
1,750
1,775
40
1,825
4,850
1,875
4,9-00
1,925
8
1,950
1,975
2,000
2,025
2,050
2,075
2,100
2,125
2,150
2,175
6
2,200
2,225
2,250
2,275
2,300
2,325
2,350
2,375
2,400
2,425
7
2,45-0
2,475
2,500
2,525
2,550
2,575
2,600
2,625
2,650
2,675
R
2,700
2,725
2,750
2,775
2,2,800
2,825
2,850
2,875
2,900
2,925
9
2,950
2,975
3,000
3,025
3,050
3,075
3,100
3,125
3,150
3,175
10+
3,175
GU-12
CUP
CUP
C1-J
C-U-P
€U-1
€U-12
C-U-P
GU 1?
-P
1. Lots less than 2.5 acres: 1,500 square feet.
Section 1030 (General Requirements)
June 23, 2011
Page 7
3,
2. Lots 2.5 acres to 5 acres: 2,500 square feet.
3. Lots greater than 5 acres to 10 acres: 3,000 square feet.
4. Lots greater than 10 acres: 3,500 square feet.
G,F. In the non - residential and urban residential districts, the maximum
size of accessory buildings shall not exceed 1,000 square feet or 25
percent of the area of the rear yard, whichever is less.
-1=1,G. Non-agriculture accessory alB bbuildings that would result in more
than 3,5001arger than 3,175 square feet or with greater sidewalls as
shall only be
permitted on parcels located in the A or RR district and 10 acres or more
in size with a conditional use permit and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. Applicable criteria as outlined in Section 1070.020 (Conditional Use
Permits) of the Corcoran Zoning Ordinance.
4. The material standards required by this section have been met.
H. Agricultural buildings that would result in more than 3,500 square feet e
than allowed by this - Section shall only be
permitted on parcels located in the UR or RR district and 10 acres or
more in size with a Certificate of Compliance from the City and subject to
the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The agricultural building is used for agricultural purposes only.
I. A site plan shall accompany all requests for accessory building permits and shall
include the following information:
Section 1030 (General Requirements) Page 8
June 23, 2011
1. Existing buildings and their relationship to property lines,
2. Indication of location of well, septic system and driveways,
4. Any easements and
5. Property lines and setback requirements.
J. Lots less than 5 acres in size, or lots identified by the Building Inspector as having
restricted soils for an on site septic system area, shall include the location of a certified
treatment.
TL Agricultural buildings in excess of the size limitations allowed by Subd. 2
4 (-FE) of this section shall be allowed by conditional use permit on
parcels that are located in the A-UR or RR district and are less than 10
acres in size, but are adjacent to actively farmed land under the same
ownership or ownership by the landowner in a recognized legal
relationship, shall be allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The applicant provides proof of ownership as required above.
5. The agricultural building is used for agricultural purposes only.
3. Applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the
Corcoran Zoning Ordinance.
1TLAgricultural buildings shall be allowed as a principal use by conditional
use permit on parcels that are actively farmed, are located in the A-UR or
RR district and are located adjacent to the farmstead under the same
ownership or ownership by the landowner in a recognized legal
relationship, shall be allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
Section 1030 (General Requirements) Page 9
June 23, 2011
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings, septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
3. The material standards required by this section have been met.
4. The applicant provides proof of ownership as required above.
5. The agricultural building is used for agricultural purposes only.
Subd. 5. Building Height.
A. The maximum height of a detached accessory building is 15 feet, except:
1. Multi -story accessory building may be allowed by administrative
permit to exceed the height above, provided the structure does not
exceed the height of the principal structure. All multi -story accessory
buildings shall include a minimum of two different building materials
and building articulation to add architectural interest to the building
elevations.
2. Agricultural buildings may be allowed by Certificate of Compliance
. ' • •• ' to exceed the height above, provided the
structure does not exceed the building height limitations of the zoning
district in which it is located.
3. Accessory buildings with accessory dwelling units may exceed these
height limits when approved as part of the accessory dwelling unit
interim use permit provided all other performance standards for
accessory buildings are met.
3. Applicable criteria as outlined in Scction 1070.020 (Conditional Use
Permits) of the Corcoran Zoning Ordinance.
B. Any building that does not meet the standards above may only be
permitted to exceed the allowable building height with a conditional use
permit and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing
structures on site, including buildings. septic sites and wells. In
addition, the survey shall include the proposed structure, flood plain,
wetlands, and any recorded easements.
Section 1030 (General Requirements) Page 10
June 23, 2011
3. Applicable criteria as outlined in Section 1070.020 (Conditional Use
Permits) of the Corcoran Zoning Ordinance.
4. The material standards required by this section have been met.
5. The proposed building will be compatible with surrounding land uses.
Subd.-3 6. Architectural Standards.
a. Accessory buildings located on parcels 3 acres in size or smaller, must have identical
roof and siding as the principal structure.
b. Sidewall height shall be measured from the base of the structure to the bottom of
the cave on the exterior sidewalls.
c. Thc following sidcwall heights, eves, and overhang standards shall exist:
Sidewall Height
Eaves
Overhang
10' less
12"
12"
or
10' 12'
12"
18"
12' 13'6" to
12"
24"
provide
for 12' door
a
d. The maximum sidewall height of an accessory building constructed in the front or
side yard is 10 feet and a maximum sidcwall height of an accessory building constructed in
the rear yard is 13 feet, 6 inches.
c. Agricultural Buildings.
A. Accessory buildings constructed on properties with the Agricultural Preserve
Designation, for the exclusive use of sheltering agricultural machinery, animals and storage
of agricultural products, shall be exempt from building permit fees and architectural
standards. Thc buildings shall comply with all setback requirements of the zoning district.
Administrative review of the application and site plan will be required.
B. Accessory buildings constructed on properties defined by the City Code as "true
farming ", for the exclusive use of sheltering agricultural machinery, animals and storage of
agricultural products, shall be exempt from the architectural standards.
A. In order to maintain the architectural design, style, appearance and
character of the principal structure, accessory buildings located on
parcels 3 acres in size or smaller, must have identical roof and siding
materials as the principal structure. Accessory buildings located on
Section 1030 (General Requirements) Page 11
June 23, 2011
parcels larger than 3 acres in size shall be compatible with materials,
colors, exterior design and roof style of the principal buildings.
B. Building materials must comply with performance standards in Section
1060.030, Subd. 1(A)4 of the Zoning Ordinance.
C. Accessory buildings constructed primarily of canvas, plastic, or other
similar non - permanent building materials shall be prohibited.
(Ord. 209, passed 10 28 09, Ord.297, passed 06 11 09)
1030.030 - Minimum Residential Building Standards
Subd. 1. Homes must be placed on a permanent foundation which complies with the
Minnesota State Building Code.
Subd. 2. Single family detached homes must have a minimum floor area of 1,100
square feet.
Subd. 3. Single family detached homes must have a minimum width of 24 feet.
Subd. 4.
Dwelling Unit Restrictions. No model home, cellar, garage, tent, travel trailer,
basement with unfinished structure above or accessory building shall at any
time be used as a dwelling unit, except as may be allowed on a temporary
basis in an emergency, as approved by the Zoning Administrator as an
Interim Use Permit.
1030.040 - Temporary Structures
Subd. 1. Temporary Structures (including manufactured homes on a temporary basis)
shall only be permitted as provided below:
hA. Reconstruction. During the reconstruction of a home that has been
damaged or destroyed and is uninhabitable, the City Council may grant a
permit for a period not to exceed one year for a temporary structure in
any zoning district.
i -B. The City Council may grant an Interim Use Permit with stipulated time
limitations for the temporary utilization of manufactured homes or other
temporary structures as living quarters when a special hardship is found
to exist. Such hardship shall be generally a result of age or a physical
handicap of a blood relative. The following conditions shall apply in such
situations:
Section 1030 (General Requirements) Page 12
June 23, 2011
1. Any person requiring such temporary habitation shall make
application to the City Council for an Interim Use Permit. The request
shall state the location, type of structure, length of time the structure
will be used, and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his
findings and recommendations to the Council.
3. If the City finds that the public health, safety, morals and general
welfare will not be impaired and will not be affected adversely, it may
grant a temporary habitation, provided that the person so applying
shall enter into a written agreement with the City as to when such
occupation is to cease. No permit for temporary habitation shall be
granted for a period longer than one year, and the City may revoke
such permit upon 90 days written notice if and when it finds:
a. That the public health, safety, morals or general welfare are being
impaired by such habitation.
b. That the continued existence of such habitation conflicts with the
City's Comprehensive Plan.
c. The temporary habitation structure has been abandoned or put to
any use other than that stated in the application as the reason for
the need of such habitation.
d. That the value of public or private property is being affected
adversely thereby.
4. Extensions of such permits may be obtained only by reapplying to the
City for an Interim Use Permit amendment.
5. The sanitary sewer and water supply serving temporary habitation
shall comply with all applicable rules, regulations and standards of the
State Board of Health and of the County of Hennepin.
6. Any material used to insulate around the exterior of or underneath
such temporary habitation shall be noncombustible and nontoxic.
C. The City Council may also grant an Interim Use Permit with stipulated
time limitations for any other temporary structures without a
determination of hardship provided these temporary structures are not
used for habitation. The following conditions shall apply in such
situations:
Section 1030 (General Requirements) Page 13
June 23, 2011
1. Any person desiring a temporary structure shall make application to
the City Council for an Interim Use Permit. The request shall state the
location, type of structure, length of time the structure will be used,
and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his
findings and recommendations to the Council.
3. If the City finds that the public health, safety, morals and general
welfare will not be impaired and will not be affected adversely, it may
grant an Interim Use Permit, provided that the person so applying
shall enter into a written agreement with the City as to when such use
is to cease.
4. No permit for temporary structures (except as provided for in
Subsections A and B above) shall be granted for a period longer than
one year, and the City may revoke such permit upon 90 days written
notice if and when it finds:
a. That the public health, safety, morals or general welfare are being
impaired by such temporary structure.
b. That the continued existence of such use conflicts with the City's
Comprehensive Plan.
c. The temporary structure has been abandoned or put to any use
other than that stated in the application as the reason for the need
of such use.
d. That the value of public or private property is being affected
adversely thereby.
e. The provisions of this section, in no way limit the City's ability to
immediately order the removal of any temporary structure
determined to be a significant threat to public health and safety.
(Ord. 211, passcd 12 21 09)
1030.050 - Relocated Structures
Subd. 1.
Application. Before any house or other structure is moved, an application for
building permit shall be made and the property owner or his designated
representative shall complete a questionnaire on the structure.
Section 1030 (General Requirements) Page 14
June 23, 2011
Subd. 2.
Subd. 3.
Inspection. The Building Official shall make a preliminary inspection to
determine that the structure meets all state building codes and City
ordinances.
If the structure does not meet these regulations, the owner must present
complete and detailed plans to the Building Official showing the changes to
be made in order to bring the structure up to Code.
Subd. 4. The Building Official must review the plans and present them to the Planning
Commission for their review and recommendation to the City Council.
Subd. 5. No Building Permit will be issued until the owner has agreed in writing that
the entire building will be completed within a period of 6 months, the fee has
been paid, and performance bond or certified check guaranteeing completion
of said changes and equal to at least 11h times the estimated finished value of
the building has been posted with the City.
1030.060 - Mining and Soils Processing
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Purpose. The purpose of this section is to safeguard property, and to
preserve and enhance the natural environment, including but not limited to
water quality, by regulating clearing and grading on public and private
property.
Scope. This section sets forth rules and regulations to control land
disturbances, landfill, soil storage, and erosion and sedimentation resulting
from such activities. This section established procedures for issuance,
administration and enforcement of a permit.
Permit Required. No person, except an authorized city employee or a
contractor performing work under a contract with the City, shall perform any
grading or land reclamation within the City of Corcoran without first having
secured a permit from the City Clerk's office. The fee for such permit shall be
set from time to time by resolution of the City Council.
Application and Regulations. The City shall prepare the necessary
application forms and permits required. The Council shall adopt rules and
regulations with respect to excavations as it finds necessary to protect the
public from injury, prevent damage to public or private sidewalks, and public
grounds. Any person making an excavation covered by this section shall
comply with such rules and regulations.
Subd. 5. Surety. Any permittee except those doing work under contract with the City
shall file with the City Clerk's office a letter of credit or cash in an amount to
Section 1030 (General Requirements) Page 15
June 23, 2011
be determined by the city engineer based on the type of work to be
performed.
Subd. 6. General Exemptions. The following activities are exempt from the permit
requirements:
Subd. 7.
Subd. 8.
Subd. 9.
A. An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid building
permit.
B. Cemetery graves.
C. Mining, quarrying, excavating, processing, stockpiling of rock, sand,
gravel, aggregate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the
stresses in or pressure upon any adjacent or contiguous property.
D. Routine agriculture crop management practices.
E. Any land disturbing or land filling activities relating to general yard
maintenance or landscaping, unless the volume of soil or earth stored or
moved exceeds 301 cubic yards.
Site Map and Plan. A site map and plan must be submitted with the
application, which shall include the following (No application will be
reviewed until all necessary information has been submitted):
A. Existing and proposed topography, sufficiently detailed to define the
topography over the entire site.
B. Site's property lines shown in true location with respect to the plans
topography.
C. Location of all and proposed drainage on site.
D. Locations of any buildings or structures located on the property or
adjacent property that are within 20 feet of the areas where work is to be
performed.
Erosion Control Methods. Erosion control methods to be used, may include,
but are not limited to, types of mulches, vegetation, diverters, dikes and
drains. The method to be used shall be identified on the application.
Permit Approval / Denial. City staff shall review all documents submitted
pursuant to this section, and, if necessary, shall require additional data or
clarification of data submitted. City staff shall notify the applicant within 20
Section 1030 (General Requirements) Page 16
June 23, 2011
Subd. 10.
days of submission of the decision on the permit. In the event that the permit
is denied by staff, the applicant shall have the right to request a hearing
before the City Council within five (5) days of notification of permit denial.
Permittee's Duties. The applicant shall inform the city at least 24 hours prior
to beginning the permitted activity. Then upon completion of rough grading,
the city shall be notified to perform an inspection, once that inspection has
been completed and any corrections or modifications to the grade are
completed, the applicant may then complete the finished grade and set the
appropriate erosion control devices in place and complete any planting or
seeding as required by the permit. Upon completion, the permittee shall
notify the city that the project has been completed and an inspection shall be
performed by the city to assure that the appropriate erosion control devises
are in place. A final inspection shall be required prior to the release of any
security. The final inspection shall ensure that all grading is completed and
that all erosion has been controlled as required. Staff shall prepare written
documentation of all inspections performed, which shall be filed at the City
Office in the appropriate address file.
Subd. 11. Suspension or Revocation of Permit. The City shall suspend the permit and
issue a stop work order when the City has determined:
Subd. 12.
Subd. 13.
A. The permit was issued in error or on the basis of incorrect information
being supplied by the applicant.
B. The Permittee has failed to meet the requirements as identified within
the permit.
C. Inspection by the City reveals that the work is not in compliance with the
permit, city ordinance, or other regulations, which may govern such
activity.
Fines and Penalties. Any person, firm, corporation or agency acting as
principal agent, employee, or otherwise, who fails to comply with the
provisions of this Code shall be guilty of a misdemeanor and upon
convictions thereof shall be punishable by a fine of not more then than
$1,000.00, or by imprisonment in jail for not more than 90 days, or by both,
for each separate offense. Each day any violation of this code shall continue
shall constitute a separate offense.
Action Against the Security. The City may act against the appropriate
security if any of the conditions identified within the permit or this code have
not been satisfied. The City shall use funds from the security to finance
remedial work to be performed either directly by the city or by a private
contractor under contract with the City, and to reimburse for all direct costs
incurred in the process of the remedial work.
Section 1030 (General Requirements) Page 17
June 23, 2011
Subd. 14.
Release of Security. The security deposited with the City for faithful
performance of the grading and erosion control work shall be released at the
time that all conditions have been met and no action against such security
has been filed. Release of the security shall be documented and filed in the
appropriate address file, in conjunction with the inspections as identified in
Section 1070.050, Subd. 9.
1030.070 - Bulk Storage (Liquid)
All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical,
flammable and similar liquids shall comply with requirements of and have appropriate
permits indicating compliance with the Minnesota State Fire Code and Minnesota
Department of Agriculture regulations.
1030.080 - Height Limitations
Subd. 1. The building height limits established herein for districts shall not apply to
the following:
A. Belfries.
B. Chimneys or flues.
C. Church spires.
D. Cooling towers.
E. Cupolas and domes which do not contain useable space.
F. Elevator penthouses.
G. Flag poles.
H. Monuments.
Parapet walls extending not more than 3 feet above the limiting height of
the building.
J. Water towers.
K. Poles, towers and other structures for essential services.
L. Necessary mechanical and electrical appurtenances.
Section 1030 (General Requirements) Page 18
June 23, 2011
Subd. 2.
M. Television and radio antennas not exceeding 20 feet above roof (not
including telecommunications towers regulated by Section 1060.100).
Subd. 23.
No excluded roof equipment or structural element extending beyond the
limited height of a building may occupy more than 25 percent of the area of
such roof nor exceed 10 feet unless otherwise noted.
1030.090 - Essential Services
Subd. 1. It is illegal, for any person to construct, operate or maintain an essential
public service in the City, except in conformance with this ordinance.
Subd. 2. Essential services, as defined herein, shall be permitted in any zoning district
of the City by administrative permit issued by the City of Corcoran. The
permit shall be processed according to the following:
A. Prior to the installation of any essential public services, the owner of such
service shall file with the City all maps and other information as deemed
necessary by the City of Corcoran to review the proposed project.
B. The City shall consider the effect of the proposed project upon the health,
safety and general welfare of the City, as existing and anticipated, and the
effect of the proposed project upon the Comprehensive Plan.
C. For essential public services that will include permanent structures, a site
plan must also be submitted for review and approval by the Zoning
Administrator. The site plan shall be reviewed for compliance with the
standards outlined in this Section. The site plan may be approved
administratively.
D. Upon approval by City staff, a permit shall be issued for installation and
operation of the essential services.
Subd. 3. Essential services must comply with all federal, state and local rules and
regulations pertaining to their construction, maintenance and operation.
Subd. 4. Performance Standards.
A. Except for electrical lines, phone lines, cable television lines, gas lines and
similar linear facilities, all essential public services in the Agricultural and
Residential zoning districts shall be located on land at least one acre in
Section 1030 (General Requirements) Page 19
June 23, 2011
Subd. 5.
size. In all other zoning districts, parcels of land for essential services
must be at least 1 1/2 times the minimum lot size area required in the
zoning district.
B. Utility substations and communications antennas permitted by the
Corcoran City Code and this ordinance shall be encouraged to be located
on the same parcel; however, the parcel shall be large enough so that all
structures and facilities comply with the required setbacks for the zoning
district.
C. The site shall be landscaped and maintained in accordance with Section
1060.070 (Landscaping) of this ordinance. All above grade lift stations,
pump stations, substations and similar structures not located in a
building shall be screened.
D. Buildings and structures shall be constructed to be compatible with the
size, color, appearance and character of other structures in the zoning
district.
E. Facilities and equipment shall be removed within 6 months of becoming
unnecessary or obsolete.
Special Districts. Essential public services located in a special overlay district
shall comply with the requirements and development guidelines in that
district.
Subd. 6. All electrical, cable television, phone lines and similar facilities serving new
development within the urban service area shall be located underground.
1030.100 - Home Occupations
Subd. 1.
Purpose. The purpose of this Ordinance is to maintain the character and
integrity of residential areas and to provide a means through the
establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without
jeopardizing the health, safety and general welfare of the surrounding
neighborhood. In addition, this Ordinance is intended to provide a
mechanism enabling the distinction between permitted home occupations
and special or customarily "more sensitive" home occupations, so that
appropriate, permitted home occupations may be allowed outright or
through an administrative process rather than a legislative hearing process.
Subd. 2. Application. Subject to the non - conforming use section and other applicable
provisions of this Ordinance, all occupations conducted in the home and
Section 1030 (General Requirements) Page 20
June 23, 2011
Subd. 3.
Subd. 4.
accessory buildings located on the homestead site shall comply with the
provisions of this Ordinance.
Procedures and Permits. Whenever used in this Ordinance, the phrase
"Home Occupation" shall include Allowed Home Occupations, Special Home
Occupations and Conditional Home Occupations.
A A—An Allowed Home Occupation, as defined in this Ordinance, shall not
require a permit as long as all of the criteria in Subd. 4 and Subd. 5 of this
Section are satisfied.
Bl7 —Any Special Home Occupation, as defined in this Ordinance, shall
require an administrative permit, as outlined in Subd. 7 of this Section.
C. A Home Occupation License shall be required for any Conditional
Home Occupation as described in Subd. 8; which license shall be
processed by the Planning Commission as outlined in Section 1070.030
(Interim Use Permit) of the Zoning Ordinance.
General Standards for Allowed and Special Home Occupations. All Allowed
Home Occupations and Special Home Occupations shall comply with the
following general provisions:
A A—No Home Occupation shall produce light, glare, noise, fumes, odor or
vibration that will in any way have an objectionable effect upon adjacent
or nearby property.
B. B. No equipment shall be used in the Home Occupation that will create
electrical interference to surrounding properties. No equipment shall be
used which creates visual or audible interference in any radio or
television receivers off the premises or causes fluctuations in the voltage
off the premises.
C. Any Home Occupation shall be clearly incidental and secondary to the
residential use of the premises, shall not change the residential character
thereof, and shall result in no incompatibility or disturbance to the
surrounding residential uses.
D_lNo Home Occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings except
where required to comply with local and state fire and police
recommendations.
E. E. There shall be no exterior evidence visible from public roads or
adjacent parcels of the Home Occupation, including but not limited to
Section 1030 (General Requirements) Page 21
June 23, 2011
Subd. 5.
storage of material, equipment, supplies, garbage dumpsters, etc.
Personal vehicles [not to exceed 12,000 gross vehicle weight (GVW)] used
in the Home Occupation, which comply with applicable provisions of this
Ordinance, may be parked on the site.
F. 1 -The area used for the Home Occupation shall meet all applicable fire
and building codes.
G. €,There shall be no exterior display or exterior signs or interior display
or interior signs that are visible from outside the dwelling advertising the
Home Occupation.
H. -1=IAll Home Occupations shall comply with the provisions of the City
Code.
I. 1An Allowed or Special Home Occupation shall not include work
staging areas or employees reporting to the home occupation site to
receive work assignments and working elsewhere.
1. J —The applicant shall demonstrate, in a manner found acceptable to the
City Building Inspector that such use is within the capabilities of the
property's sewage treatment system.
K. K. No Allowed Home Occupation or Special Home Occupation shall
employ any person at the home site location who does not reside in the
dwelling unit.
Allowed Home Occupations. A Home Occupation meeting all of the
requirements of Subd. 4, as well as the following criteria shall be an Allowed
Home Occupation and may be conducted without a permit or fee:
A. A—The Allowed Home Occupation shall be located within the principal
dwelling on the property, except that a business office or computer
workstation may be maintained in any permitted structure.
B. 13No customer visits to the premises shall be permitted.
C. -No deliveries other than those routinely made in a residential district
(U.S. Mail, United Parcel Service, etc.) shall be permitted.
Subd. 6. Special Home Occupation - Administrative Permit.
A. This permit may be issued by the City Administrator or assigned staff
based upon proof of compliance with the provisions of this section.
Application for the permit shall be submitted to the City with an
associated fee as established by the City Council. Prior to issuance of the
Section 1030 (General Requirements) Page 22
June 23, 2011
permit, a notice of intent shall be sent to all property owners within 350
feet of the perimeter of the applicant's property. The notice shall request
that written comments be forwarded to the City Administrator within 10
days of the date of the notice. Upon expiration of the comment period,
the City Administrator shall determine if a permit should be issued,
denied, or forwarded to the City Council. Notice of the decision shall be
sent to all persons who have submitted written comment. The applicant
or a noticed property owner may appeal a decision of the City staff to the
City Council for final decision. Notice of an appeal must be made within
10 business days following the notice of the City Administrator's decision.
B. Except as modified by this Subd. 7, all Special Home Occupations shall
comply with the requirements of Subd. 5 and Subd. 6. A Special Home
Occupation- Administrative Permit shall be required for Home
Occupations that are not otherwise permitted under Subd. 56 and subject
to the following criteria:
a1.Services may be provided to customers on site provided no more than
2 additional parking stalls are necessary for customer parking and the
spaces shall be provided on the lot. The Home Occupation shall not
add more than 10 daily, non - residential vehicle trips to or from the
property.
12. A single vehicle up to 26,000 lb. GVW may be allowed by
Administrative Permit. The City Administrator shall consider the
vehicle size in relation to the intended use, the road surface, the
character of the neighborhood, number of vehicle trips and any other
relevant matters in deciding whether to issue an Administrative
Permit.
Subd. 7. Conditional Home Occupation License (CHOL).
A. All Home Occupations not defined as Allowed or Special shall be defined
as Conditional Home Occupations and will require a Conditional Home
Occupation License (CHOL) to be issued, subject to review and approval
by the City Council. The CHOL shall be processed by the Planning
Commission pursuant to Section 1070.030 (Interim Use Permit) of the
Corcoran Zoning Ordinance. A CHOL is not a conditional use permit, but a
license personal to the individual applicant and the particular business
for which the application is made. If the business ceases, if ownership of
the business changes, or if the individual to whom a license has been
issued ceases to own the subject premises, the CHOL is automatically
revoked.
B. All applicants must demonstrate, to the satisfaction of the Planning
Commission and City Council, the need for the CHOL. All applications will
Section 1030 (General Requirements) Page 23
June 23, 2011
be reviewed and analyzed, taking into consideration the general health,
safety and welfare of the community as a whole. The Planning
Commission and the City Council shall consider the following standards
and criteria when reviewing an application for a CHOL:
1. The nature and general character of the geographic area in which the
CHOL property is located. The City may consider, in addition to other
factors and not by way of limitation, the existence and condition of
gravel and paved roads in the area, existence and proximity of
collector, County and State roadways in the area, CHOL lot sizearea,
the proximity of CHOL operations to neighboring residences, size of
neighboring lots, and use of neighboring properties.
2. Consideration shall be made for potential property devaluation of
adjacent and surrounding properties.
3. Nuisance factors shall be considered, including but not limited to
sight, odor, light, glare and noise, and any other nuisance factors that
may result from issuance of the CHOL.
4. Environmental concerns, including but not limited to drainage,
wastewater, wells and wetland issues.
5. Compliance with Section 1030.020 (Accessory Buildings, Structures,
Uses and Equipment) of the Zoning Ordinance and with other relevant
Code sections.
6. Impact on the neighboring properties shall be considered before
issuing a CHOL.
C. Conditional Home Occupations with seasonal retail sales may be allowed one
temporary freestanding or wall sign as allowed by Section 84.04 (10) of the
City Code.
Subd. 8. Employees; On- Site /Staging for Work Off -Site.
4,A. For home occupation businesses existing on May 24, 2001, the City
Council may allow up to 2 full -time equivalent on -site employees or up to
4 employees reporting on -site for the purpose of staging work to be
performed off -site, or any combination of the two not to exceed 2 full -
time equivalent employees working on -site or 4 employees in total. The
applicant must prove that the applicant had employees, as outlined
above, on or within the 9 months prior to May 24, 2001 to qualify for
employees.
Section 1030 (General Requirements) Page 24
June 23, 2011
2,B. The actual number of on -site employees or employees permitted on-
site for work staging will depend on all factors considered in issuing the
CHOL.
3,C. No home occupations that come into existence after May 24, 2001
shall be permitted to have on -site employees or employees on -site for the
purpose of staging work to be performed off -site.
4:D. For purposes of this section, employees shall include independent
contractors, part -time or seasonal employees.
Subd. 9. Exceptions. DaycareDay Care home facilities and group family daycareDay
Care home facilities that are licensed by the State are exempt from the
requirements of this Ordinance.
Subd. 10. Denial of CHOL.
A A In the event the City Council denies a CHOL, findings of fact shall be
prepared to support the denial and shall be provided to the applicant.
B. On the effective date of this Ordinance, all individuals operating a business not
otherwise permitted by this Ordinance shall make application for a CHOL. If the
application is denied, the applicant shall have 12 months from the date of passage of this
Ordinance to cease operations.
Subd. 11. - Ordinance Administration.
A. 4On the effective date of this Ordinance, all individuals operating a
business not otherwise permitted by this Ordinance shall make
application for a CHOL. If the application is denied, the applicant shall
have 12 months from the date of passage of this Ordinance to cease
operations.
B Immediately following the passage of this Ordinance, the City shall
commence the process of identifying all existing Home Occupations that
will require permits and shall give written notice to the owner of the
property requiring that application be made within 30 days.
C. 13Legal, non - conforming Home Occupations shall be allowed to
continue until such time as the homeowner ceases to operate the home
occupation, ownership of the business is transferred, or the property is
sold.
D. There shall be an application fee for the permits and license issued
under this Ordinance, together with an annual license fee; all such fees to
be set from time to time by resolution of the City Council.
Section 1030 (General Requirements) Page 25
June 23, 2011
1
E-B —All permitslicenses issued under this Ordinance shall be reviewed by
the City every 3 years from the date of issuance for a determination that
the existing Home Occupation, considered in light of the existing
standards and criteria, still warrants the issuance of a license. The City
may revoke or modify an administrative permit or CHOL upon a finding
that conditions have changed to warrant revocation or modification of
the license.
Subd. 12. Violations /Penalty.
A A—Any person violating this section, upon conviction, is guilty of a
misdemeanor and subject to a maximum fine or a maximum period of
imprisonment, or both, as specified by Minnesota Statutes §609.03.
B. B. The City may also seek injunctive relief or other equitable relief for
violation of this Ordinance in Hennepin County District Court. If the City
is successful in seeking the injunction, or other equitable relief, the
property owner shall be responsible for all costs associated with the
action, including reasonable attorney's fees.
C — Mandatory clean upcleanup of a property in violation of the home
occupation ordinance shall be required as part of any resolution to a
violation.
D. IThe City hereby reserves the right, upon approval of any home
occupation, and upon reasonable notice, to inspect the premises in which
the occupation is being conducted to insure compliance with the
provisions of this section or any conditions imposed.
E E Violations of any provisions or conditions of the home occupation
regulations may result in the revocation of either the administrative
permit or the CHOL following a public hearing in compliance with the
Administrative Procedures Act.
(Ord. 211, passed 12 21 09, Ord. 220, passed 05 26 05, Ord. 237, passed 11 20 06)
Section 1030 (General Requirements) Page 26
June 23, 2011
SECTION 1040 - DISTRICT REGULATIONS
1040.010 - Establishment of Districts
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5.
Subd. 6.
Uses Not Provided for Within Zoning Districts. Whenever in any zoning
district a use is not specifically allowed as a permitted, accessory, conditional
use, interim use or administrative permit, the use shall be considered
prohibited. In such cases, the City Council or the Planning Commission, on
their own initiative or upon request, may conduct a study to determine if the
use is acceptable and if so, what zoning district would be most appropriate
and the determination as to conditions and standards relating to
development of the use. The City Council, Planning Commission or property
owner, upon receipt of the staff study may initiate an amendment to the
Zoning Ordinance to provide for the particular use under consideration or
may find that the use is not compatible for development within the City.
Other Regulations. In addition to the regulations and standards in this
section, all uses and structures shall be subject to all other regulations
outlined in this Zoning Ordinance and shall comply with all local, State and
Federal laws, rules and regulations.
Minimum Requirements. The provisions of this ordinance shall be held to be
the minimum requirements for the promotion and protection of the public
health, safety and welfare.
Zoning Map. The locations and boundaries of the districts established by this
Ordinance are hereby set forth on the Corcoran, Minnesota Zoning Map. The
map is hereby made a part of this Ordinance and shall be known as the
"Corcoran, Minnesota Zoning Map." The map and all notations, references
and data shown thereon are hereby incorporated by reference into this
Ordinance and shall be as much a part of it as if all were fully described
herein. It shall be the responsibility of the City Planner to maintain the map
and record map amendments within 30 days after official publication of
amendments. The official Zoning Map shall be kept on file in the City Hall.
Zoning District Boundaries. The boundaries between districts are, unless
otherwise indicated, either the centerline of streets, alleys or railroad rights -
of -way or lot lines or section lines or such centerlines or lot lines parallel or
perpendicular thereto.
Future Annexations. Any land annexed to the City in the future shall be
placed in the Agriculture (AUrban Reserve (UR) district until another zoning
classification is approved by action of the City Council after receipt of the
recommendation of the Planning Commission.
Section 1040 (District Regulations) Page 1
June 23, 2011
Subd. 7. Establishment of Zoning Districts. The city is divided into the following
districts and overlay districts:
A. Urban Reserve (UR) District
B. Rural Residential (RR) District
C. Single Family Residential (RSF -1) District
D. Single Family Residential (RSF -2) District
E. Single and Two - Family (RSF -3) District
F. Medium Density Residential (RMF -1) District
G. Mixed Residential (RMF -2) District
H. High Density Residential (RMF -3) District
I. Manufactured home Park (MP) District
J. Rural Commercial (CR) District
K. Transitional Rural Commercial (TCR) District
L. Neighborhood Commercial (C -1) District
M. Community Commercial (C -2) District
N. Business Park (BP) District
0. Light Industrial (I -1) District
P. Downtown Mixed Use (DMU) District
Q. General Mixed Use (GMU) District
R. Planned Unit Development (PUD) District
S. Public /Institutional (PI) District
1. Agriculture (A)Urban Reserve (UR)
Section 1040 (District Regulations) Page 2
June 23, 2011
3. Single Family Residential (R 1)
4. Single and Two Family (R 2)
5. Multiple Family 1 (MF 1)
6. Manufactured Home Park (MP)
7. Public /Institutional (PI)
8. Rural Commercial (CR)
9. Transitional Rural Commcrcial (TCR)
10. Neighborhood Commercial (C 1)
11. Community Commercial (C 2)
..
13.T. Wetland Overlay District (W)
4-4:U. Shoreland Overlay District (S)
15.V. Floodplain Overlay District (FP)
16. Planned Unit Development (PUD)
17. Downtown Overlay District (DOD)
(Ord. 211, passed 12 21 09)
Section 1040 (District Regulations) Page 3
June 23, 2011
1040.020 - Urban Reserve Agriculture District (AUR)
Subd. 1.
Purpose. Within the Metropolitan Urban Service Area (MUSA) boundary and
the ar a designated as Potential Future Urban Service Arca, the purposeThe
intent of the Urban Reserve of the Agriculture district is to preserve areas
where urban services are planned, as shown on the 2030 Comprehensive
Plan, but not yet available. The large minimum lot size area (20 acres in the
MUSA and 10 acres in Potential Future Urban Service Arga) will retain these
lands in their natural state or as agricultural uses until sanitary sewer, water,
streets and other public infrastructure is available and new development
occurs. This will allow orderly development to occur. The City may consider
rezoning and subdivision of Agriculture Urban Reserve property to urban
uses consistent with the Comprehensive Plan within two years of the
scheduled date of extension or provision of the required public facilities and
services. The purpose of this district is to provide a holding zone until a
landowner /developer makes application for development, at which time the
City may rezone the affected property consistent with its designation in the
Comprehensive Plan, provided that the development does not result in the
premature extension of public utilities, facilities, and services as specified
above. The district does allow limited use of development rights prior to
sewer and water services through clustering of lots as outlined in Subd. 7. of
this Section.
Subd. 2. Permitted Uses.
•A. Agriculture and Tree Farms.
B. DaycareDay Care Facilities, state licensed, as defined by statute.
•C. Dwelling, single family detached.
•D. Essential Services, subject to Section 1030.090 (Essential Services) of the
Zoning Ordinance.
•E. Seasonal Produce Stands.
•F. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
• Single
Subd. 3. Accessory Uses.
. • • . -. •••
A. Accessory structures as regulated by Section 1030.020 of this chapter.
Section 1040 (District Regulations) Page 4
June 23, 2011
Subd. 4.
B. Accessory uses incidental and customary to uses allowed in this Section.
A.Any incidental machinery, structures or buildings necessary for
agriculture or other permitted uses.
lC. DaycareDay Care Facilities, county licensed, 12 or fewer individuals.
&D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
lE. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
lF. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
lG. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
QH. Signs as regulated by the City Code.
I=I.Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Commercial Feedlots, subject to MPCA (Minnesota Pollution Control
Agency) requirements.
B. Commercial Riding Stables, subject to Chapter 81 of the City Code.
C. Commercial Kennels, subject to Chapter 81 of the City Code.
lC. DaycareDay Care facilities accessory to educational facilities or Places
of Worship /Assemblycxiting educational or religious facilitiesplaccs of
1. The structure and operation shall be in compliance with State of
Minnesota Department of Human Services regulations and shall be
licensed accordingly.
2. All signage shall comply with Chapter 84 (Sign Ordinance) of the
Corcoran City Code.
3. No expansion of non - conforming structures or uses is allowed.
Section 1040 (District Regulations) Page 5
June 23, 2011
4. The use shall comply with the conditional use permit standards in
Section 1070.020 of the Zoning Ordinance.
&D. Greenhouses and Nurseries, subject to the following:
t1.When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
b:2. On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
E3.Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be
provided.
e ,.Loading areas are screened from adjacent residential uses.
f:6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
g7.Not more than 30 percent of the site area shall be covered with
buildings or other structures.
8. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
9. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any
time. If more than 25 percent of the greenhouse spaces are to be lit at
night, they shall be screened from residential properties by use of a
retractable curtain, landscaping, buildings or other methods to
prevent light pollution, including sky glow.
h. Hours for retail sale of product to customers shall be limited to
9:00 a.m. to 7:00 p.m.the following:
a.9:00 a.m. 7:00 p.m. Monday Friday
c.10:00 a.m. 5:00 p.m. Sunday
i. Lighting shall comply with all ordinance requirements.
Furthermore, not more than 25 percent of the greenhouse space may
Section 1040 (District Regulations) Page 6
June 23, 2011
Subd. 5.
bc lit at any timcbctwecn 7:00 p.m. and 9:00 a.m. If more than 25
percent of the greenhouse spaces arc to bc lit at night, they shall be
screened from residential properties by use of a retractable curtain,
landscaping, buildings or other methods to prevent light pollution,
including sky glow.
j:10. The site complies with the minimum lot size area standards for
the district.
111. Sale of accessory items shall be permitted, provided they do
not generate more than 20 percent of the sales (measured by retail
value or sales volume) for the business nor cover more than 10
percent of the site area.
142. At least 50 percent of the nursery stock to be sold on site must
be grown on site.
im13. The provisions of Section 1070.020 10.14(a) (5) of this
ordinance are considered and satisfactorily met.
F- E. Living quarters, which are provided accessory to a principal
agricultural use, subject to the following:
1. The living quarters are not used as rental property.
2. A maximum of one such accessory dwelling shall be allowed.
3. There is a demonstrated need for such a facility for the permitted
agricultural use.
4. The farm includes a minimum of 30 acres.
5. The structure complies with all other Zoning Ordinance requirements.
G,F. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
Section 1040 (District Regulations) Page 7
June 23, 2011
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
Section 1040 (District Regulations) Page 8
June 23, 2011
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
A.—
C. Commercial Kennels, subject to Chapter 81 of the City Code.
lD. Development in the MUSA prior to availability of municipal sewer and
water, subject to the following:
a:1.The proposed development is consistent with the Land Use Plan in the
adopted Comprehensive Plan, including applicable density goals.
13,2. The subject property is classified as Mixed Use /PUD in the
City's adopted Comprehensive Plan.
E3. The proposed development will not preclude full utilization of the site
development potential when municipal infrastructure services are
available.
44. The applicant agrees to connect to municipal infrastructure,
including, but not limited to: sanitary sewer, water and stormwater,
upon its availability to the site.
e:S.The applicant agrees to pay all area charges and connection fees upon
connection to municipal infrastructure.
6. The applicant agrees to put a cash reserve into a third party escrow
account for the amount estimated by the City for the fees to be paid
upon arrival of municipal infrastructure. The applicant understands
that the fees are an estimate only and will enter into a written
agreement with the City to pay all fees based on the City fee schedule
in place at the time of connection.
g7.The applicant will sign an assessment waiver for future assessments
for public infrastructure.
13,8. The applicant will provide a removable on -site septic as a
temporary means to address sewer prior to extension of municipal
sanitary sewer.
1,9. The applicant will provide temporary on -site wells or will reach an
agreement with an adjacent community to provide a temporary water
Section 1040 (District Regulations) Page 9
June 23, 2011
service to the site until municipal water is provided by the City of
Corcoran.
j10. The applicant shall be responsible for all costs associated with
the temporary sewer and water services and these costs shall not be
credited against the infrastructure area charges and connection
charges due when municipal infrastructure is provided.
&E. Mining and Soil Processing.
PF. Temporary living quarters, subject to the standards in Section
1030.040 (Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7.
Density Requirements. This section identifies the maximum number of
residential units or non residential units that may be developed. The
building rights program is intended to preserve a rural residential
environment with active agri businesses. Development rights shall be
calculated based on the total lot ar and roundcd to the n rest whole
number. Development rights shall be as recorded on the official City of
Corcoran "Development Rights Map" on file at City Hall.
A.Landowners shall be permitted one building right for ach 10 acres of land accessing
onto a paved roadway.
B.Landowners shall be permitted one building right for each 30 acres of land accessing
onto a gravel road.
1.The existing farmstead or residence on properties accessing onto gravel roads and
eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if
the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a
minimum of 40 acres in size. The minimum lot size may be reduced from 40 acres to 35
system.
• .. _ . _ 4 .
C.Additional building rights may be granted to landowners that develop the property as
D.Except as otherwise approved as part of an Open Space Preservation plat, no lots or
outlots shall be allowed to be created without building rights.
Section 1040 (District Regulations)
June 23, 2011
Page 10
Subd. 7.
Clustering Option. This section provides for optional clustering of lots on
those properties with development rights as recorded on the official City of
Corcoran "Development Rights Map" on file at City Hall at the time of
adoption of this ordinance. Lots may be considered for clustering based on
the following minimum standards:
A. Clustering shall only be considered on those properties guided for
residential land use on the 2030 Comprehensive Plan.
B. An approval for a rezoning of the property, consistent with the residential
land use category of the 2030 Comprehensive Plan shall be made at the
same time as the subdivision of the property.
4,C. All procedures for a standard subdivision as provide in Section 930
and 935 of the Subdivision Ordinance shall be followed with the addition
of the following:
1. Buildable lots cannot exceed the number of development rights
issued to the property. The number of rights is based on Subd. 87 of
this section.
4,2. The maximum lot s-iz-earea of all created clustered lots shall not
exceed two times the minimum lot s4earea for a single family
dwelling of the zoning district in which the property is located.
3. The proposed development will not preclude full utilization of
the site development potential when municipal infrastructure
services are available. A ghost plat shall be designed for all outlot
areas at the same time as the Preliminary and Final Plat is reviewed
and approved. The ghost plat shall indicate future access, internal
road network, future lot divisions and new lot layout based on zoning
district requirements along with density as guided by the 2030 future
land use plan and connection to municipal infrastructure.
D. Water and Sewer Systems. All lots shall initially be served by a
community well and septic system designed to connect to municipal
sewer and water. Design shall be acceptable to the City Engineer. Once
municipal sewer and water services are available, all lots shall be
required to connect to the municipal system and pay all area charges and
connection fees as required by the City policy in place at the time the
infrastructure becomes available to serve the development. The
community systems may be located within the outlot. A sewage
treatment system management plan must be submitted to the city and
approved prior to the final plat being recorded.
Section 1040 (District Regulations) Page 11
June 23, 2011
1. The applicant must provide a management (maintenance,
replacement and repair) plan for the community wastewater
treatment system . . :: - - ' The management plan
must be reviewed and approved by the City Council and recorded
with the final plat. The plan should clearly identify the following:
a. The ownership of the centralized wastewater treatment system.
b. An annual schedule for maintenance, inspection and monitoring of
the centralized wastewater treatment system.
c. Assignment of responsibility for the management of and payment
for the centralized wastewater treatment system.
d. Contingency plan in the event of failure of the centralized
wastewater treatment.
e. Financial guarantees, covering the estimated cost of maintaining
and replacing a centralized system.
f. Provisions describing how the sewage treatment portion of the
system will be protected from vehicles, animals, humans and other
sources of risk.
g. The name and license number of the system's designer.
h. Provision for cost effective future connection of the wastewater
treatment system(s) to urban services within one year after such
services are provided at the boundary of the development, with
sufficient financial guarantees to ensure no added cost to the City.
i. The applicant shall provide a cash reserve into a third party
escrow account for the amount estimated by the City for fees to be
paid upon arrival of municipal infrastructure. The applicant shall
enter into a written agreement with the City to pay all fees based
on the City fee schedule in place at the time of connection.
j. The applicant shall be required to sign an assessment waiver for
future assessments for public infrastructure prior to approval of
the Final Plat.
k. If financial guarantees for any of the above provisions are part of
an association assessment or treasury fund, the City shall be given
access to annual audit records, at the expense of the association, to
ensure proper funding. If such guarantees are the private
Section 1040 (District Regulations) Page 12
June 23, 2011
Subd. 8.
Subd. 89.
responsibility of the developer, the City shall require guarantees
from the responsible individual(s).
Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
development rights program is intended to preserve a rural residential
environment with active agri- businesses. Development rights shall be
calculated based on the total lot area and rounded to the nearest whole
number. Development rights shall be as recorded on the official City of
Corcoran "Development Rights Map" on file at City Hall.
A. Landowners shall be permitted one development right for each 10 acres
of land accessing onto a paved roadway.
B. Landowners shall be permitted one development right for each 30 acres
of land accessing onto a gravel road.
C. The existing farmstead or residence on properties accessing onto gravel
roads and eligible for Agricultural Preserve is exempt from the density
calculations in rural areas, if the farmstead or residence existed prior to
July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The
minimum lot sizcarea may be reduced from 40 acres to 35 acres if the
parcel is a quarter- quarter parcel reduced from the standard 40 -acre
quarter - quarter parcel due to public road right -of -way or a perturbation
in the rectangular survey system.
D. Additional development rights may be granted to landowners that
develop the property as part of an Open Space Preservation plat, as
permitted by the Subdivision Regulations.
E. Except as otherwise approved as part of an Open Space Preservation plat
or clustering option in Subd. 7 of this Section, no lots or outlots shall be
allowed to be created without development rights.
Area Requirements. The following minimum requirements shall be met in
the A-UR district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Section 1040 (District Regulations)
June 23, 2011
Page 13
Minimum lot areasize
20 acres
Minimum contiguous developable
area
Minimum lot width
300 feet
Minimum lot depth
300 feet
Structure Setbacks:
Front From Arterial Streets
100 feet
Section 1040 (District Regulations)
June 23, 2011
Page 13
Front, from
60-50 feet
all other streets
Front Porch ( <_ 120 square feet)
40 feet
Side
25 feet
Rear
30 feet
Maximum Building Height
35 feet
•
met:
•
2 The exterior materials of the proposed living area or porch are consistent or
•
integrated with the roof of the dwelling.
properties.
B.
Rcr Yard: The rear yard setback for a principal structure in an UR district shall be
are met:
1. The setback reduction is for an attached living area to the principal structure, not
properties.
•
.. .. .. a • • 0' 0:,• • .. .. - e:
Section 1040 (District Regulations) Page 14
June 23, 2011
1040.030 - Rural Residential District (RR).
Subd. 1.
Purpose. The purpose of this district is to provide large lots for single family
homes and hobby farms. The district is intended to preserve Corcoran's
rural character and its identity as a unique community within the Twin Cities
metropolitan area. This district allows residential and agricultural uses that
will preserve the rural nature of Corcoran and directly related,
complementary uses. Municipal services (sanitary sewer and municipal
water) will not be available in these areas.
Subd. 2. Permitted Uses.
•A. Agriculture and Tree Farms.
•B. DaycareDay Care Facilities, state licensed, as defined by statute.
C. Dwelling, single family detached.
• Essential Services, subject to Section 1030.090 (Essential Services) of
the Zoning Ordinance.
•D. Seasonal Produce Stands.
•E. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Recreation, Public
•F. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
agriculture or other permitted uses.
WC. DaycareDay Care Facilities, county licensed, 12 or fewer individuals.
Section 1040 (District Regulations) Page 15
June 23, 2011
Subd. 4.
X.D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
A-E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E. F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
IG. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
1=H. Signs as regulated by the City Code.
WI. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Conditional Uses: The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
•A. Cemeteries and Memorial Gardens provided the use is public or scmi
lc•
•B. Commercial Riding Stables, subject to Chapter 81 of the City Code.
• Commercial Kennels, subject to Chapter 81 of the City Code.
•C. Greenhouses and Nurseries, subject to the following:
41.When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
13,2. On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
€3.Adequate off - street parking is provided on an improved surface as
required by this ordinance.
44. Adequate parking, loading and maneuvering areas shall be
provided.
e:S.Loading areas are screened from adjacent residential uses.
Section 1040 (District Regulations) Page 16
June 23, 2011
€6. Well and Septic Systems can be accommodated on site to serve the
proposed facility.
g7.Not more than 30 percent of the site area shall be covered with
buildings or other structures.
8. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
9. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any
time. If more than 25 percent of the greenhouse spaces are to be lit at
night, they shall be screened from residential properties by use of a
retractable curtain, landscaping, buildings or other methods to
prevent light pollution, including sky glow.
h. Hours for retail sale of product to customers shall be limited to
9:00 a.m. to 7:00 p.m.thc following:
a.9:00 a.m. 7:00 p.m. Monday Friday
b.9:00 a.m. 6:00 p.m. Saturday
c.10:00 a.m. 5:00 p.m. Sunday
i. Lighting shall comply with all ordinance requirements.
Furthermore, not more than 25 percent of the greenhouse space may
be lit at any timebetwcen the hours of 7:00 p.m. and 9:00 .a.m. If more
than 25 percent of the greenhouse spaces arc to be lit at night, they
shall be screened from residential properties by use of a retractable
curtain, landscaping, buildings or other methods to prevent light
pollution, including sky glow.
00. The site complies with the minimum lot size area standards for
the district.
111. Sale of accessory items shall be permitted, provided they do
not generate more than 20 percent of the sales (measured by retail
value or sales volume) for the business nor cover more than 10
percent of the site area.
142. At least 50 percent of the nursery stock to be sold on site must
be grown on site.
iml3. The provisions of Section 1070.020 10.14(a) (5) of this
ordinance are considered and satisfactorily met.
•D. Living quarters, which are provided accessory to a principal agricultural
use, subject to the following:
Section 1040 (District Regulations) Page 17
June 23, 2011
Subd. 5.
e1. The living quarters are not used as rental property.
e2. A maximum of one such accessory dwelling shall be allowed.
e3. There is a demonstrated need for such a facility for the permitted
agricultural use.
e4. The farm includes a minimum of 30 acres.
e5. The structure complies with all other Zoning Ordinance requirements.
. . . . .
in areas located outside of the MUSA and Potential Future Urban Service
area, in compliance with Section 940 of the Subdivision Regulations.
E. G. Places of WorshipPlaces of Worship /Assembly.
F. 14— Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
Section 1040 (District Regulations) Page 18
June 23, 2011
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Temporary living quarters, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
C Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
D. Commercial Kennel, subject to Chapter 81 of the City Code.
C.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Section 1040 (District Regulations) Page 19
June 23, 2011
Subd. 7.
Subd. 8.
Density Requirements. This section identifies the maximum number of
residential units or non - residential units that may be developed. The
building rightdevelopment rights program is intended to preserve a rural
residential environment with active agri- businesses. Development rights
shall be calculated based on the total lot area and rounded to the nearest
whole number. Development rights shall be as recorded on the official City
of Corcoran "Development Rights Map" on file at City Hall.
a,A. Landowners shall be permitted one building rightdevelopment right
for each 10 acres of land accessing onto a paved roadway.
1B. Landowners shall be permitted one building rightdevelopment right
for each 30 acres of land accessing onto a gravel road.
A:C. The existing farmstead or residence on properties accessing onto
gravel roads and eligible for Agricultural Preserve is exempt from the
density calculations in rural areas, if the farmstead or residence existed
prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in
size. The minimum lot size area may be reduced from 40 acres to 35
acres if the parcel is a quarter - quarter parcel reduced from the standard
40 -acre quarter - quarter parcel due to public road right -of -way or a
perturbation in the rectangular survey system.
D. Additional building rightdevelopment rights may be granted to
landowners that develop the property as part of an Open Space
Preservation plat, as permitted by the Subdivision Regulations.
4E. Except as otherwise approved as part of an Open Space Preservation
Plat, no lots or outlots shall be allowed to be created without building
fightdevelopment rights.
Area Requirements: The following minimum requirements shall be met in
the RR district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
2.5 acres
Minimum developable
1.5
contiguous area
acres
Minimum lot width
200 feet
Minimum lot depth
300 feet
Structure Setbacks:
Front From Arterial Streets
100 feet
Front, From all other streets
6-0-50 feet
Front Porch ( <_ 120 square feet)
40 feet
Side
25 feet
Section 1040 (District Regulations)
June 23, 2011
Page 20
Rear
25 feet
Maximum Building Height
35 feet
met:
2 The exterior materials of the proposed living ar a or porch arc consistent or
integrated with the roof of the dwelling.
properties.
B.
R r Yard: The rear yard setback for a principal structure in an UR district shall be
are mct:
1. The setback reduction is for an attached living area to the principal structure, not
properties.
e.. ee... 9. •,.•.
• .. •
Section 1040 (District Regulations) Page 21
June 23, 2011
1040.040 - R4RSF -1 (Single Family Residential) Zoning District
1 Subd. 1.
Purpose. The purpose of the R 1RSF -1 district is to provide large, urban lots
for single family homes and directly related complementary uses. The
district includes existing neighborhoods that are currently served by private
wells and septic systems. New development within this district will be
allowed only when a full range of municipal services and facilities are
available to serve the area. New development is intended to create low -
density residential areas and to preserve and enhance transitional
residential areas between lower and higher densities in areas served by
public utilities. Areas zoned RSF -1 are guided Low Density Residential on the
City's 2030 Comprehensive Plan. Development within this district is
expected at a density of up to 3.0 units per net acre.
Subd. 2. Permitted Uses.
A. DaycarcDay Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
B. Essential Services, subject to Section 1030.090 (Essential Services) of
the Zoning Ordinance.
C. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Rccr tion, Public
D. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
E.Singlc Family Detached Homcs.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
A.Any incidental machinery, structures or buildings necessary for
agriculture or other permitted uses.
lC. DaycareDay Care Facilities, county licensed, 12 or fewer individuals.
&D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
Section 1040 (District Regulations) Page 22
June 23, 2011
Subd. 4.
Subd. 5.
1E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
E.F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
F- G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
Cr:H. Signs as regulated by the City Code.
1=I.Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
4-A. Places of WorshipPlaces of Worship /Assembly.
2,B. Residential Facility with seven to sixteen individuals, licensed by the
State.
3,C. Educational facilities, K -12.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
•A. Accessory Dwelling Unit, subject to the following:
A-1. Not more than one accessory dwelling unit shall be allowed on
a single- family detached lot.
a:2.An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
13,3. An attached or detached accessory dwelling unit shall comply
with the same minimum building setback requirements as required
for the living portion of the principal dwelling unit.
E4.An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
Section 1040 (District Regulations) Page 23
June 23, 2011
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
45. Unless otherwise specified in this Subdivision, a detached
accessory dwelling unit shall be subject to the same regulations as
provided for under Section 1030 of this Chapter.
e:6.The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
O. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
g:B.There shall be no separate ownership of the accessory dwelling unit.
h:9. In addition to the parking spaces required for the principal
dwelling unit on the lot, 2 off - street parking spaces shall be provided
for an accessory dwelling unit. Such accessory dwelling unit parking
spaces shall not conflict with the principal dwelling unit parking
spaces, and shall comply with the requirements of this Chapter.
1,10. An accessory dwelling unit shall have a separate address from
the principal dwelling unit on the lot, and shall be identified with
address numbers.
j11. The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
112. The interim use permit shall be issued for 3 years in
accordance with the procedures outlined in Section 1070.030 of the
Zoning Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval and
ordinance requirements for accessory dwelling units. Interim uses
found to be in compliance may be extended by the Zoning
Administrator for periods of up to 3 years each.
•
to continue as permitted uses until the landowner chooscs to cease
operations.
•B. Greenhouses and Nurseries, subject to the following:
Section 1040 (District Regulations)
June 23, 2011
Page 24
e1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
e2. On-site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
e3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
e4. Adequate parking, loading and maneuvering areas shall be provided.
e5. Loading areas are screened from adjacent residential uses.
e6. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any
time. If more than 25 percent of the greenhouse spaces are to be lit at
night, they shall be screened from residential properties by use of a
retractable curtain, landscaping, buildings or other methods to
prevent light pollution, including sky glow.
Hours for retail sale of product to customers shall be limited to
the following:
9:00 a.m. 7:00 p.m. Monday Friday
9:00 a.m. 6:00 p.m. Saturday
} 10:00 a.m. 5:00 p.m. Sunday
Lighting shall comply with all ordinance requirements.
are to be lit at night, they shall be screened from residential
properties by use of a retractable curtain, landscaping, buildings or
other methods to prevent light pollution, including sky glow.
e9. The site complies with the minimum lot size area standards for the
district.
e10. Sale of accessory items shall be permitted, provided they do
not generate more than 20 percent of the sales (measured by retail
Section 1040 (District Regulations)
June 23, 2011
Page 25
value or sales volume) for the business nor cover more than 10
percent of the site area.
ell. At least 50 percent of the nursery stock to be sold on site must
be grown on site.
e12. The provisions of Section 1070.020 10.14(a) (5) of this
ordinance are considered and satisfactorily met.
•C. Seasonal Produce Stands.
•D. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinancestructures.
D. Temporary real estate offices.
Area Requirements. The following minimum requirements shall be met in
the R- 1RSF -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Lot zeArea
20,000 square feet
Minimum lot width
100 feet
Structure Setbacks:
Front. From Arterial Streets
100 feet
Front vin , From all other streets
4030 feet
Front Porch (s 120 square feet)
30 feet
Side (living)
15 10 feet
Side (garage)*
5 feet
Rear
30 feet
Maximum Building Height
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8 Design Requirements. Newly constructed single family homes shall be
constructed with the following design elements:
A. A Front Elevation:
Section 1040 (District Regulations)
June 23, 2011
Page 26
1. Each elevation facing a street or park shall have a minimum of 50%
comprised on natural material consisting of brick, stone, stucco, hardi-
board, redwood, cedar or other similar materials. A minimum of two
different materials is required, except that brick may be used on the
entire elevation.
2. Design of street and park fronting exterior elevations shall be varied
with a minimum of five different styles provided in the development
3. Homes in proximity to each other shall not look alike in terms of the
combination of color of siding, accent and roofing materials. The
home under consideration will be compared to the two homes on each
side and to the three homes directly facing it.
B. 1B— Garages:
1. The garage shall not comprise more than 55 percent of the viewable
ground floor street - facing linear building frontage. This standard is
based on the measurement of the entire garage structure and not on a
measurement of the garage door or doors only. Corner lots are
exempt from this requirement on one street elevation.
2. Garage doors shall be architecturally styled (this includes details such
as raised panels, accent color, windows, etc.) to match the exterior
design of the home.
C. Roof:
1. Architectural design roofing materials including asphalt shingles,
wood shingles (including shake), concrete, clay, ceramic tile roofs or
residential steel roofing material with hidden fasteners are required
on all roofs.
2. Overhangs must be a minimum of 12 inches.
D. P —Side and Rear Facades:
1.
Equal architectural treatment on all
sides of the building (materials, articulation, etc.) shall be used for all
new residential construction when located on or visible from an
arterial road way or public park. Accenting shall be accomplished by
including accenting materials and design on all facades.
2. 2.
door
Each side elevation shall have at least one window or
opening.
Section 1040 (District Regulations) Page 27
June 23, 2011
3. 3. A maximum of 18 inches of the foundation wall may be
exposed on any elevation.
(Ord. 211, passcd 12 21 09, Ord. 225, passed 11 22 05)
Section 1040 (District Regulations) Page 28
June 23, 2011
1040.045 - RSF -2 (Single Family Residential) District
Subd. 1.
Purpose. The purpose of the RSF -2 district is to provide urban sized lots for
single family homes and directly related complementary uses. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area. New
development is intended to create low- density residential areas in moderate
lot sizes to meet overall density requirements and provide greater variety in
the housing choices. Areas zoned RSF -2 are guided Low Density of the City's
2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
14,C. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Recreation, Public
D. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer individuals.
D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
Section 1040 (District Regulations) Page 29
June 23, 2011
Subd. 4.
Subd. 5.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
1. Places of Worship /Assembly.
2. Residential Facility with seven to sixteen individuals, licensed by the
State.
3. Educational facilities, K -12.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
1. Not more than one accessory dwelling unit shall be allowed on a
single - family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
Section 1040 (District Regulations) Page 30
June 23, 2011
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are screened from adjacent residential uses.
6. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
Section 1040 (District Regulations) Page 31
June 23, 2011
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any
time. If more than 25 percent of the greenhouse spaces are to be lit at
night, they shall be screened from residential properties by use of a
retractable curtain, landscaping, buildings or other methods to
prevent light pollution, including sky glow.
9. The site complies with the minimum lot area standards for the
district.
10. Sale of accessory items shall be permitted, provided they do not
generate more than 20 percent of the sales (measured by retail value
or sales volume) for the business nor cover more than 10 percent of
the site area.
11. At least 50 percent of the nursery stock to be sold on site must be
grown on site.
12. The provisions of Section 1070.020 of this ordinance are considered
and satisfactorily met.
C. Seasonal Produce Stands.
ED. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Area Requirements. The following minimum requirements shall be met in
the RSF -2 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Lot Area
11,000 sq. ft.
Section 1040 (District Regulations)
June 23, 2011
Page 32
Minimum lot width
80 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streetsLiving Area
20 feet
Front Porch (<_ 120 square feet)
15 feet
Side (living)
10 feet
Side (garage)*
5 feet
Rear
30 feet
Maximum Building Height
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8. Design Requirements. All developments in RSF -2 shall follow the same
Design Requirements as listed in 1040.040, Subd 8.
Section 1040 (District Regulations) Page 33
June 23, 2011
1040.050 - RSF -2-3 (Single and Two - Family) District
Subd. 1.
Purpose. The R 2RSF -3 district is intended to provide for new single- family
neighborhoods with a lot size area that is smaller than the City's traditional
single- family lot as well as directly related, complementary uses. This zoning
district is intended to be the primary single - family zoning district for future
residential developments. The smaller lot size area will make efficient use of
the City's land supply and investment in public utilities and allow the City to
efficiently protect and preserve its natural resources such as wetlands and
woodlands. In addition, the smaller lot size area will help the City meet its
density goal for new single - family homes. Single family homes, as well as
two - family dwellings are allowed in this district. New development within
this district will be allowed only when a full range of municipal services and
facilities are available to serve the area. Areas zoned RSF -3 are guided Low
Density on the City's 2030 Comprehensive plan. Development within this
district is required at a minimum density of 3.0 units per net acre up to a
maximum of 5.0 units per acre.Development within this district is expected
at a density of 3.0 6.0 units per net acre.
Subd. 2. Permitted Uses.
A. DaycareDay Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached.
the Zoning Ordinance.
C. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Rccr ation, Public.
D. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
E.Singlc Family Detached Homes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
4C. DaycarcDay Care Facilities, county licensed, 12 or fewer individuals.
Section 1040 (District Regulations) Page 35
June 23, 2011
Subd. 4.
Subd. 5.
8,D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
&E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
PF. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
lG. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
lH. Signs as regulated by the City Code.
S.Structures or buildings accessory to uses allowed in this district.
II.Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. DaycareDay Care facilities accessory to educational facilities or places of
worshipPlaces of Worship /Assembly.
4—
B. Dwelling, two- family.
2,C. Educational facilities, K -12.
&D. Places of WorshipPlaces of Worship /Assembly.
4:E. Residential Facility with seven to sixteen individuals.
5. Two Family Dwellings.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
t1.Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
Section 1040 (District Regulations) Page 36
June 23, 2011
h2. An accessory dwelling unit shall be located in an existing single
family home or above an attached or detached garage that is
accessory to a single - family detached home.
�3.An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
e:S.Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
g7.The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
1}8. There shall be no separate ownership of the accessory dwelling
unit.
19. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
j10. An accessory dwelling unit shall have a separate address from
the principal dwelling unit on the lot, and shall be identified with
address numbers.
111. The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
112. The interim use permit shall be issued for 3 years in
accordance with the procedures outlined in Section 1070.030 of the
Zoning Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval and
Section 1040 (District Regulations) Page 37
June 23, 2011
ordinance requirements for accessory dwelling units. Interim uses
found to be in compliance may be extended by the Zoning
Administrator for periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinancestructurcs.
D. Temporary real estate offices.
Subd. 7.
Area Requirements: The following minimum requirements shall be met in
the R 2RSF -3 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8. Design Requirements. All developments in RSF -3 shall follow the same
Design Requirements as listed in 1040.040, Subd 8.
(Ord. 211, passed 12 21 04, Ord. 225, passed 11 22 05)
Section 1040 (District Regulations)
June 23, 2011
Page 38
Single Family
Two - Family dwellings and
other uses
Minimum Lot SizeArea
12,0007.500
15,000 square feet
square feet
Minimum lot width
65840 feet
100 feet
Structure Setbacks:
From Arterial Streets
100 feet
100 feet
Front, From all other streets
2025 feet
25 feet
Front Porch ( <_ 120 square feet).
15 feet
N/A
Side (living)
10 feet
10 feet
Side (garage)*
5 feet
5 feet
Rear
3025 feet
25 feet
Maximum Building Height
35 feet
35 feet
*Minimum separation between structures on adjacent parcels shall be 15 feet.
Subd. 8. Design Requirements. All developments in RSF -3 shall follow the same
Design Requirements as listed in 1040.040, Subd 8.
(Ord. 211, passed 12 21 04, Ord. 225, passed 11 22 05)
Section 1040 (District Regulations)
June 23, 2011
Page 38
1040.060 - RMF -1 (Medium Density Residential) District
Subd. 1
Purpose. The purpose of the RMF -1, Medium Density Residential District is
to allow a variety of housing types including single - family attached and
detached dwelling and multi- family to expand life cycle housing options with
a minimum net density of 6 units per acre and maximum net density of 8
units per acre. All lot areas in this district are intended to reflect the City's
objective of promoting efficient use of land and public utilities. Areas zoned
RMF -1 are guided Medium Density Residential on the 2030 Comprehensive Plan.
Subd. 2. Permitted Uses.
A. Day Care Facilities, state licensed, as defined by statute.
B. Dwelling, single family detached
C. Dwelling, two- family;
D. Dwelling, single- family attached with no more than six (6) dwelling units
per structure in a row (and no back to back townhome units)
E. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Subd. 3 Accessory uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed. 12 or fewer individuals
D. Fences as regulated by section 1060 (Performance Standards) of this
chapter.
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
Section 1040 (District Regulations) Page 39
June 23, 2011
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
Subd. 5.
A. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
B. Dwelling, senior (age- restricted)
C. Dwelling, Multiple Family
D. Educational facilities, K -12.
E. Places of Worship /Assembly
F. Residential Facility with seven to sixteen individuals
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit for Single Family Detached Homes, subject to the
following:
1. Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single - family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet
whichever is less.
Section 1040 (District Regulations) Page 40
June 23, 2011
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Section 1040 (District Regulations) Page 41
June 23, 2011
Subd. 7.
D. Temporary real estate offices.
Area Requirements. The following minimum requirements shall be met in
the RMF -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
** Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8.
Single and Two Family Design Requirements. All single and two family
developments in RMF -1 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units.
A. Unit Size: The following unit size shall apply:
1. Floor Area: Five hundred (500) square foot minimum floor area for
efficiency apartment units. Minimum eight hundred (800) square feet
for a one - bedroom unit plus one hundred (100) square feet for each
additional bedroom. Seven hundred (700) square foot minimum floor
area for one - bedroom apartment dwelling units in retirement housing
developments, plus one hundred (100) square feet for each additional
bedroom. Garages, breezeways and porch floor spaces shall not be
credited in determining the required floor area of units.
B. Unit Construction:
Section 1040 (District Regulations) Page 42
June 23, 2011
Single Family
Townhome
Apartment /Condominium
Detached /Two
Family
Minimum Lot area
7,000 square
5,400 square feet
1 acre
feet /7,500
per unit
sic uare feet
Minimum lot width
70 feet /150 feet
n/a
100 feet
Structure Setbacks:
From Arterial Streets
100 feet
100 feet
_
100 feet
Front, From all other
25 feet
25 feet
25 feet
streets
Front Porch ( <_ 120
sic uare feet).
Side (living) **
10 feet
10 feet
30 feet
Rear
25 feet
25 feet
25 feet
Maximum Building
35 feet
35 feet
35 feet or three stories
Height
** Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8.
Single and Two Family Design Requirements. All single and two family
developments in RMF -1 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Subd. 9. Special Minimum Requirements for Attached Dwelling Units.
A. Unit Size: The following unit size shall apply:
1. Floor Area: Five hundred (500) square foot minimum floor area for
efficiency apartment units. Minimum eight hundred (800) square feet
for a one - bedroom unit plus one hundred (100) square feet for each
additional bedroom. Seven hundred (700) square foot minimum floor
area for one - bedroom apartment dwelling units in retirement housing
developments, plus one hundred (100) square feet for each additional
bedroom. Garages, breezeways and porch floor spaces shall not be
credited in determining the required floor area of units.
B. Unit Construction:
Section 1040 (District Regulations) Page 42
June 23, 2011
1. Subdivision Requests: Building elevations and floor plans shall be
furnished with subdivision requests illustrating exterior building
material and colors to demonstrate compliance of this title. Building
floor plans shall identify the interior storage space within each unit.
2. Decks or Porches: Provision shall be made for possible decks, porches
or additions as part of the initial dwelling unit building plans. The unit
lot shall be configured and sized to include decks or porches.
3. Exterior Building Finish: The exterior of attached /townhome dwelling
units shall include a variation in building materials which are to be
distributed throughout the building facades and coordinated into the
architectural design of the structure to create an architecturally
balanced appearance. In addition, attached /townhome dwelling
structures shall comply with the following requirements:
a. A minimum of twenty five percent (25 %) of the combined area of
all building facades of a structure shall have an exterior finish of
brick, stucco and /or natural or artificial stone.
b. Except for brick, stucco, and /or natural or artificial stone, no
single building facade shall have more than seventy five percent
(75 %) of one type of exterior finish.
c. Except for brick, , stucco, and /or natural or artificial stone, no
townhome dwelling structure shall have more than sixty percent
(60 %) of all building facades of one type of exterior finish.
d. For the purpose of this section and material calculations:
i. The area of the building facade shall not include area devoted
to windows, entrance doors, garage doors, or roof areas.
ii. Variations in texture or style (i.e., lap siding versus shake
shingle siding) shall be considered as different materials
meeting the requirements of this section.
iii. Integral colored split face (rock face) concrete block or plain
concrete block shall not qualify for meeting the brick, stucco
and /or natural or artificial stone material requirements.
4. Color. Each attached /townhome building shall feature a broad array
of colors. including earth tones, muted natural colors found in
surrounding landscape or other colors consistent with the adjacent
neighborhood. Buildings in proximity to each other shall not look
alike in terms of the combination of color siding, accent and roofing
Section 1040 (District Regulations) Page 43
June 23, 2011
materials. The home or townhome building under consideration will
be compared to two homes or townhome buildings on each side of it
and to the three homes or town home buildings directly facing it.
5. Facades and walls: Each attached /townhome dwelling unit shall be
articulated with projections, recesses, covered doorways, balconies,
covered box or bay windows or other similar features, dividing large
facades and walls into human scaled proportions similar to adjacent
single- family dwellings.
6. Roofs. Each attached /townhome building shall feature a combination
of primary and secondary roofs. Primary roofs shall be articulated by
at least one of the following elements:
a. Changes in place and elevation
b. Dormers or gables
c. Transitions to secondary roofs over entrances, garages, porches,
bay windows.
7. Garages:
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size standards:
i. For dwellings with basements: Four hundred forty (440}
square) square feet.
ii. For dwellings without basements: Five hundred forty (540)
square feet.
iii. Garages shall be a minimum of twenty feet (20') in width.
Section 1040 (District Regulations) Page 44
June 23, 2011
1040. 065 - RMF -2 (Mixed Residential) District.
Subd.1
Purpose. The purpose of the RMF -2, Mixed Residential District is intended to
provide areas offering a variety of housing types, including single- family
small lot detached and attached dwellings and multi - family structures to
retain the environment and character of less intensive styles of higher
density multiple- family residence areas by establishing building and lot area
requirements; to broaden the choice of residential living styles and create
opportunity for more affordable homes and homes that address the needs of
an aging population in a more compact development pattern that makes the
most efficient use of the City's land supply and investment in public utilities.
Areas zoned RMF -2 are guided Mixed Residential Density on the City's 2030
Comprehensive Plan. Development within this district is required at a
minimum density of 8.0 units per net acre up to a maximum of 10 units per
acre.
Subd. 2 Permitted uses.
A. Day Care Facilities, state licensed. as defined by statute.
B. Dwelling, single family detached
C. Dwelling, two- family;
D. Dwelling, single - family attached - 8 units per building maximum with
each unit having a separate entrance;
E. Dwelling, Senior (age restricted)
F. Dwellings, Multiple Family
G. Parks. playgrounds. trails. other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Subd. 3 Accessory uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Day Care Facilities, county licensed, 12 or fewer
D. Fences as regulated by section 1060 (Performance Standards) of this
chapter.
Section 1040 (District Regulations) Page 45
June 23, 2011
E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Subd 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
Subd. 5.
A. Day Care facilities accessory to educational facilities or Places of
Worship /Assembly.
B. Educational facilities, K -12.
C. Places of Worship /Assembly
D. Residential Facility with seven to sixteen individuals
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit for Single Family Detached Homes, subject to the
following:
1. Not more than one accessory dwelling unit shall be allowed on a
single- family detached lot.
2. An accessory dwelling unit shall be located in an existing single family
home or above an attached or detached garage that is accessory to a
single- family detached home.
3. An attached or detached accessory dwelling unit shall comply with the
same minimum building setback requirements as required for the
living portion of the principal dwelling unit.
Section 1040 (District Regulations) Page 46
June 23, 2011
4. An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal dwelling unit or 800 square feet,
whichever is less.
5. Unless otherwise specified in this Subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for
under Section 1030 of this Chapter.
6. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit
or in the accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
9. In addition to the parking spaces required for the principal dwelling
unit on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal dwelling unit parking spaces, and
shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the
principal dwelling unit on the lot, and shall be identified with address
numbers.
11. The interim use permit shall expire if the principal use of the property
changes or the ownership of either the property or the principal use
changes.
12. The interim use permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to
ensure compliance with conditions of approval and ordinance
requirements for accessory dwelling units. Interim uses found to be
in compliance may be extended by the Zoning Administrator for
periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
Section 1040 (District Regulations) Page 47
June 23, 2011
Subd. 7.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Area Requirements. The following minimum requirements shall be met in
the RMF -2 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
* Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8.
Subd. 9.
Single and Two Family Design Requirements. All single and two family
developments in RMF -2 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Special Minimum Requirements for Attached Dwelling Units. All attached
dwelling unit developments in RMF -2 shall follow the same Design
Requirements as listed in 1040.060, Subd 9 (RMF -1 Design Requirements).
Section 1040 (District Regulations) Page 48
June 23, 2011
Single Family
Townhome
Apartment /Condominium
Detached /Two
Family
Minimum Lot area
6,000 square
5,000 square feet
1 acre
feet /7,000
per unit
ware feet
Minimum lot width
60 feet /120 feet
n/a
100 feet
Structure Setbacks:
From Arterial Streets
100 feet
100 feet
100 feet
Front, From all other
25 feet
25 feet
25 feet
streets
Front Porch ( <_ 120
sic uare feet).
Side*
10 feet
10 feet
30 feet
Rear
25 feet
25 feet
25 feet
Maximum Building
35 feet
35 feet
35 feet or three stories
Height
* Internal: 20 feet between attached or multi family principal structures separated by common area.
Subd. 8.
Subd. 9.
Single and Two Family Design Requirements. All single and two family
developments in RMF -2 shall follow the same Design Requirements as listed
in 1040.040, Subd 8.
Special Minimum Requirements for Attached Dwelling Units. All attached
dwelling unit developments in RMF -2 shall follow the same Design
Requirements as listed in 1040.060, Subd 9 (RMF -1 Design Requirements).
Section 1040 (District Regulations) Page 48
June 23, 2011
1040.040 -070 - MF- 1RMF -3 (Multiple Family' High Density Residential) District
Subd. 1.
Purpose. The MF 1RMF -3 district allows for the development of highmn
density multiple - family uses such as townhomes and apartments where
municipal sewer and water is availablepublic utilities arc prcscnt. This
district addresses the need for life cycle housing by offering an alternative to
single family detached housing with a required minimum density of 10 units
per net acre or greater. Areas zoned RMF -3 are guided High Density
Residential on the 2030 Comprehensive Plan.a density between 6.0 20.0
units per net acre.
Subd. 2. Permitted Uses.
A. DaycarcDay Care Facilities, state licensed, as defined by statute.
A:B. Dwelling, Senior (age- restricted)
C. Dwelling, Multiple Family
B. Essential Services, subject to Section 1030.090 (Essential Services) of
the Zoning Ordinance.
D. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
lE. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
&F. Townhomes.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
A:C DaycareDay Care Facilities, county licensed, 12 or fewer individuals.
&D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
&E. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
PF. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
Section 1040 (District Regulations) Page 49
June 23, 2011
Subd. 4.
Subd. 5.
- G. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
H. Signs as regulated by the City Code.
G.Structures or buildings accessory to uses allowed in this district.
l =I. Temporary trailers and construction equipment for the duration of
construction only where temporary lavatories are provided in
compliance with City and State requirements.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. DaycareDay Care facilities accessory to educational facilities or Places of
Worship /Assemblyor religious facilities.
B. Educational facilities, K -12.
C. Multiple Family Dwellings
P C. Places of WorshipPlaces of Worship /Assembly.
- D. Residential Facility with seven to sixteen individuals.
F. Single mily Detached Homes.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
detached lot.
2. An accessory dwelling unit shall be located in an existing single family home or
above an attached or detached garage that is accessory to a single family detached home.
3. An attached or detached accessory dwelling unit shall comply with the same
minimum building setback requirements as required for the living portion of the principal
dwelling unit.
Section 1040 (District Regulations)
June 23, 2011
Page 50
4. An accessory dwelling unit shall be a cl arly incidental and subordinate usc, the
gross floor area of which shall not exceed the gross floor area of the principal dwelling unit
or 800 square feet, whichever is less.
5.
Unless otherwise specified in this Subdivision, a detached accessory dwelling unit
6. The exterior design of an accessory dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and materials as the principal building on the lot.
7. The owner of the property shall reside in the principal dwelling unit or in the
accessory dwelling unit.
8. There shall be no separate ownership of the accessory dwelling unit.
2 off street parking spaces shall be provided for an accessory dwelling unit. Such accessory
dwelling unit parking spaces shall not conflict with thc principal dwelling unit parking
spaces, and shall comply with the requirements of this Chapter.
10. An accessory dwelling unit shall have a separate address from the principal dwelling
11. The interim use permit shall expire if the principal use of the property changes or
the ownership of either the property or thc principal use changes.
12. The interim usc permit shall be issued for 3 y rs in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such permits will be
administratively reviewed every 3 ycrs to ensure compliance with conditions of approval
and ordinance requirements for accessory dwelling units. Interim uses found to be in
compliance may be extended by the Zoning Administrator for periods of up to 3 years each.
BA. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Temporary real estate offices.
Section 1040 (District Regulations) Page 51
June 23, 2011
Subd. 7.
Area Requirements. The following minimum requirements shall be met in
the MF 1RMF -3 district. Properties may be subject to special requirements
for overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Base Lot 4
1 acre
eArea
Minimum Base Lot Width
150 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet or three stories
Subd. 8. Special Minimum Requirements for Multi- Family Residential Developments.
A. Unit Size: Floor Area: Five hundred (500) square foot minimum floor area
for efficiency apartment units. Minimum eight hundred (800) square feet
for a one - bedroom unit plus one hundred (100) square feet for each
additional bedroom. Seven hundred (700) square foot minimum floor
area for one - bedroom apartment dwelling units in retirement housing
developments, plus one hundred (100) square feet for each additional
bedroom. Garages, breezeways and porch floor spaces shall not be
credited in determining the required floor area of units Kcndra- my notes
B. Parking: The design and maintenance of off street parking areas and the
required number of parking spaces shall be in accordance with Section
1060.060 of this title. Private driveways for garages in
townhouse developments shall be a minimum of twenty feet (20') in
length to allow vehicle parking on the driveway.
C. Trash Handling and Recycling: All trash, recyclable materials, and trash
and recyclable materials handling equipment shall be stored within the
principal structure, totally screened from public view by the principal
building, or stored within an accessory structure constructed of building
materials compatible with the principal structure, enclosed by a roof, and
readily served through swinging doors.
D. On Site Screening: All mechanical equipment, utility meters, storage and
service areas and similar features shall be completely screened from the
eye level view from adjacent properties and public streets, or designed to
be compatible with the architectural treatment of the principal structure.
E. Building Design and Materials - Multi- family (stacked): All buildings shall
be designed to accomplish the goals and policies of the comprehensive
Section 1040 (District Regulations) Page 52
June 23, 2011
plan. Building materials shall be attractive in appearance, durable, and of
a quality which is both compatible with adjacent structures and
consistent with the city's standards for the district in which it is located.
All buildings shall be of good aesthetic and architectural quality, as
demonstrated by the inclusion of elements such as accent materials,
entrance and window treatments, contrasting colors, irregular building
shapes and rooflines, or other architectural features in the overall
architectural concept.
a. Major exterior surfaces on all walls facing a public street, park or open
space shall include a minimum of fifty percent (50 %) of the combined
area of all building facades of a structure shall contain following
permitted major exterior materials: face brick (glazed or unglazed),
clay faced tile, stone masonry (granite, limestone, marble, slate,
sandstone, or quartzite).
2. Accent materials may include: finished texture stucco (cement or
synthetic), natural or cultured stone, exterior finished wood siding
(painted, stained, or weather sealed), exterior finished metal siding
(not including sheet metal of any kind), exterior finished vinyl siding
or fiber cement siding in lap or panel design (color impregnated or
painted). Panel seam lines shall be architecturally integrated into the
building design so that they are not visible. Seam lines can either be
filled, covered with accent material or some other method to make
seam lines invisible. Accenting materials and design shall be included
on all facades.
3. All building and roofing materials shall meet current accepted
industry standards, and tolerances, and shall be subject to review and
approval by the city for quality, durability, and aesthetic appeal. The
applicant shall submit to the city product samples, color building
elevations, and associated drawings which illustrate the construction
techniques to be used in the installation of such materials.
4. If complementary building styles, materials, and color schemes are
proposed for a development, the developer shall submit to the city a
plan showing the distribution of the styles, materials, and colors
throughout the development.
5. All townhome designs shall comply with the standards in Section
1040, Subd. 9 (RMF -1 Design Requirements).
F. Parking Lot Screening:
1. The light from automobile headlights and other sources shall -be
screened whenever it may be directed onto residential windows.
Section 1040 (District Regulations) Page 53
June 23, 2011
2. When required parking areas abut any residential district, the edge
nearest the lot line shall be completely screened to a height of at least
three and one -half feet (31 /2') above the parking grade. Such
screening shall either be constructed of durable building materials
designed in harmony with the principal structure or accomplished
through use of earth mounds and /or landscape materials as
approved.
3. When the design of the site is such that parking occurs in the front
yard, a minimum of ten feet (10') landscaped area shall be provided
between parking and building, in addition to the required setbacks.
G. Recreational Facilities: On site recreational facilities, such as swimming
pools, tennis courts, play equipment, walking trails, gardens, and
basketball courts, that are suitable for the projected population of the
development shall be provided when the nearest public park is more than
one -half (1 /2) mile or across a thoroughfare or arterial roadway from the
development.
H. Common Areas. The following minimum requirements shall be observed
in the RMF -3 district governing common areas:
1. - Ownership: All common areas within an RMF -3 development not
dedicated to the public including, but not limited to, open space,
driveways, private drives, parking areas, play areas, etc., shall be
owned in one of the following manners:
a. Condominium ownership pursuant to Minnesota statutes 515A.1-
106.
b. Twinhome, townhome subdivision common areas shall be owned
by the owners of each unit lot, with each owner of a unit having an
equal and undivided interest in the common area.
2. Homeowners' Association: A homeowners' association shall be
established for all townhome developments within the RM district,
subject to review and approval of the city attorney, and shall be
responsible for all exterior building maintenance, approval of any
exterior architectural modifications, landscaping, snow clearing and
regular maintenance of private driveways and other areas owned in
common when there is more than one individual property owner
having interest within the development.
(Ord. 211, passed 12 21 04, Ord. 225, passed 11 22 05]
Section 1040 (District Regulations) Page 54
June 23, 2011
Section 1040 (District Regulations) Page 55
June 23, 2011
1040.070 -080 - MP (Manufactured Home Park)
Subd. 1.
Subd. 2.
Purpose. The MP District provides for manufactured home parks including
manufactured single family housing units, offices for administration of the
park, recreational buildings and structures, storm shelters, and other directly
related complementary uses are allowed in accordance with the performance
standards outlined in this section.
Permitted Uses.
•A. Manufactured homes.
•B. Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
4C DaycareDay Care Facilities, county licensed, 12 or fewer individuals.
&D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
&E. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
P F. Private recreational facilities.
Subd. 4.
Subd. 5.
lG. Signs as regulated by this chapterthe City Code.
F.Structures or buildings accessory to uses allowed in this district.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. None.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
Section 1040 (District Regulations) Page 56
June 23, 2011
a A. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7.
Area Requirements. The following minimum requirements shall be met in
the MP district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum Park Area
30 acres
Minimum Park Width
600 feet
Minimum Individual Lot SeArea
7,200 square feet
Minimum Lot Width
65 feet
Minimum Lot Depth
110 feet
Maximum Density
4 units per acre
Minimum /Maximum Number of Lots
100/300
Setbacks:
Front
25 feet
Side
10 feet
Rear
10 feet
Setback from Perimeter of Park
25 feet
Maximum Building Height
25 feet or one story, whichever is less
Maximum Building Coverage
25 percent
Subd. 8.
Performance Standards.
•A. A central community building shall be provided and shall include the
following features:
e1. Laundry facilities with washers and dryers.
e2. Public toilets and lavatories.
e3. Heating and cooling equipment must be maintained in good operating
order.
e4. The building shall be maintained in a safe, sanitary and clean
condition.
Section 1040 (District Regulations) Page 57
June 23, 2011
•B. Tornado shelter facilities must be provided and adequately sized to safely
accommodate all occupants.
•C. At least 10 percent of the total manufactured home park shall be
dedicated as private recreational space. Such space shall be provided and
maintained at the owner's expense.
•D. Sidewalks must be provided on both sides of all streets.
•E. Upgrading. Prior to locating a manufactured home housing unit
constructed prior to July 1, 1972, on a lot within a manufactured home
park within the City, said unit shall be upgraded to current life safety
codes and subject to the approval of the Building Official.
•F. Maintenance. All land within the park shall be adequately drained,
landscaped to control dust and kept free from refuse, garbage, rubbish or
debris.
•G. Outdoor Camping. There shall not be outdoor camping anywhere in a
manufactured home park.
•H. Public Access. Public access to manufactured housing parks shall be as
approved by the City.
•I. Foundation Enclosure. The area beneath a manufactured home shall be
enclosed except that such enclosure must have access for inspection.
•J Building Permit.
1. All structures (fences, storage, decks, etc.) shall require a building
permit from the Building Official. Fences shall be prohibited on
individual manufactured home lots.
2. Prior to a manufactured home being moved into a lot, the owner shall
apply for and obtain a building permit for the (foundation) blocking to
State Code and a permit for connection to public sewer and water.
The application for permits shall be accompanied by a site plan,
drawn to scale, detailing the unit placement, accessory structures and
setbacks.
•K. Building Requirements.
e1. Each manufactured home site must be provided with anchors and tie
downs, such as cast in place concrete foundations, screw augers,
arrowhead anchors or other devices to provide stability for the home.
Section 1040 (District Regulations) Page 58
June 23, 2011
e2. Anchors and tie downs shall be placed at each corner of the home and
each anchor shall be able to sustain a minimum tensile force of 2,800
pounds.
e3. Building Type and Construction. Any building addition shall either be
manufactured or custom built of materials that are consistent or
compatible to the design of the principal building. "Compatible"
means that the exterior appearance of an accessory building is not at
variance with the principal building from an aesthetic and
architectural standpoint to cause:
tea. A difference to a degree to cause incongruity with the principal
building.
mob. A deviation from the general character of the neighborhood.
}c_A depreciation of neighborhood values or adjacent property
values.
•d. A nuisance. Types of nuisance characteristics include, but are not
limited to noise, dust, odors, glare and unsightly building exterior.
el,. Parking.
e1. Each manufactured home site shall have off - street parking spaces for
two passenger vehicles.
e2. Parking must be located at least 15 feet from any home.
e3. All parking spaces shall be hard surfaced according to specifications
established by the City.
.M.Utilities.
e1. Homes must be served by both central or individual water and on -site
sanitary sewer system approved by the State.
e2. If municipal sewer and water is available, the Manufactured home
Park may connect to the municipal system. The owner shall pay any
required sewer and water connection fees to the City.
e3. The City must approve surface water and storm water management
plans.
Section 1040 (District Regulations) Page 59
June 23, 2011
1
1
1
1
1
1
e4. The City must approve all utility systems and connections.
e5. The source of fuel for cooking, heating or other purposes at each
manufactured home site shall be as approved by the City.
e6. All utilities shall be underground; there shall be no overhead wires or
supporting poles except those essential for street or other lighting
purposes.
e7. No obstruction shall be permitted that impedes the inspection of
plumbing, electrical facilities, and related manufactured home
equipment.
e8. The City must approve the method of garbage, waste, and trash
disposal.
e9. The owner shall pay inspection and testing fees for utility service to
the City.
•N. Internal Roads and Streets
1. Roads shall be hard surfaced as approved by the City.
2. All streets shall be private streets and shall be developed with a
roadbed of not less than 60 feet in width and shall meet City design
specifications.
3. Curb and gutter shall be provided on all streets to direct drainage
away from homes.
4. The park shall have a street lighting plan approved by the City.
•0. Landscaping. A landscape screen meeting the requirements of Section
1060.060 of this chapter shall be installed and maintained around the
entire perimeter of each manufactured home park.
•P. Lighting. Lights must be maintained in all community buildings during all
hours of darkness. The manufactured home park grounds shall be lighted
as approved by the City from sunset to sunrise.
•QStorage.
e1. Enclosed storage lockers containing a minimum of 40 square feet shall
be located adjacent to each home.
Section 1040 (District Regulations) Page 60
June 23, 2011
e2. Each Manufactured home Park shall have a minimum of 5,000 square
feet of dead storage for each 50 home sites. Such areas shall be
conveniently located and equipped with security fencing.
03. No more than two vehicles may be stored on site for a period of more
than 48 hours. No vehicles without a current license shall be allowed
within the park.
e4. All boats, trailers, snowmobiles, recreational vehicles and other
equipment not stored within the manufactured home, storage locker
or dead storage area and shall not be stored on the site or on streets
within the Manufactured Home Park.
•R. Fire Protection.
e1. Cooking shelters, barbeque pits, fireplaces, wood - burning stoves and
incinerators shall be located, constructed, maintained and used to
minimize fire hazards and smoke. No open fire shall be left
unattended. No fuel shall be used and no material burned which
emits dense smoke or objectionable odors.
e2. Manufactured home parks shall be kept free of litter, rubbish and
other flammable materials.
e3. Portable fire extinguishers rated for Class A, B and C fires shall be kept
visible in community buildings and public spaces. The extinguishers
shall be readily accessible for use by all occupants and shall be
maintained in good operating condition. Capacity shall be not less
than 2.5 gallons or 5 pounds of carbon dioxide for Class A and 10
pounds of dry powder for Class B and C extinguishers.
e4. Design and placement of fire hydrants throughout the Park shall be as
approved by the Fire Chief to ensure adequate fire protection.
•S. Registration. It shall be the duty of the operator of the Park to maintain a
current record of all manufactured homeowners and occupants located
within the park. The register shall be available for inspection at all times
by authorized City, County or State officials whose duty requires
acquisition of the information contained in the register. The records
must be maintained at least 3 years after the date of departure of a
registrant from the park. The register shall contain the following
information:
e1. The name and address of each manufactured home occupant.
Section 1040 (District Regulations) Page 61
June 23, 2011
e2. The name and address of the owner of each manufactured home.
e3. The make, model, year and license number of each manufactured
home.
e4. The state, territory or county issuing such license.
e5. The date of arrival and departure of each manufactured home.
e6. The number and type of motor vehicles of residents in the park.
•T. Maintenance. The operator of any manufactured home park, or a duly
authorized attendance and /or caretaker shall be responsible at all times
for keeping the manufactured home park, its facilities and equipment, in a
clean, orderly, operable, and sanitary condition. The attendant or
caretaker shall be answerable, along with said operator, for the violation
of any provisions of these regulations to which said operator is subject.
1 (Ord. 211, passed 12 21 041)
Section 1040 (District Regulations) Page 62
June 23, 2011
1040.9- -0 -090 - CR (Rural Commercial)
1 Subd. 1.
- Purpose. This district is the existing Burschville area located at the
intersection of County Road 19 and County Road 10. The intent of this
district to provide a mix of neighborhood commercial uses and rural
industrial, such as contractor's yards and similar uses that do not require
municipal water or sanitary sewer services. Municipal sewer and water will
not be provided in this area.
Subd. 2. Permitted Uses.
A. Automobile Retail (tires, batteries, etc. No body work or repair work).
4B. Day Care Facilities, state licensed, as defined by statute.
l3-:C. Day Care, Commercial.
the Zoning Ordinance.
D. Government and public utilities buildings and structures.
E. Offices, medical and professional.
F. Retail goods and service Retail /Service uses of a similar nature.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
4B Accessory uses incidental and customary to uses allowed in this
Section.
Subd. 4. Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
4,A. Adult Entertainment Business, subject to Chapter 113 of the City
Code.
3,B. Commercial Kennels, subject to Chapter 81 of the City Code.-
4.C. Commercial recreation and entertainment (not to exceed 5,000
square feet).
Section 1040 (District Regulations) Page 63
June 23, 2011
&D. Contractors Operations.
6:E. Greenhouses and Nurseries, subject to the following:
1,1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
i3. Adequate off - street parking is provided on an improved
surface as required by this ordinance.
i4. Adequate parking, loading and maneuvering areas shall be
provided.
v S.Loading areas are screened from adjacent residential uses.
v6. Well and Septic Systems can be accommodated on site to serve
the proposed facility.
v7. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
8. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
9. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any
time. If more than 25 percent of the greenhouse spaces are to be lit at
night, they shall be screened from residential properties by use of a
retractable curtain, landscaping, buildings or other methods to
prevent light pollution, including sky glow.
viii. Hours for retail sale of product to customers shall be limited to
the following:
(3) 9:00 a.m. 7:00 p.m. Monday Friday
(4) 9:00 a.m. 6:00 p.m. Saturday
(5) 10:00 a.m. 5:00 p.m. Sunday
ix. Lighting shall comply with all ordinance requirements.
Furthermore, not more than 25 percent of the greenhouse space may
be lit at any time. If more than 25 percent of the greenhouse spaces
arc to bc lit at night, they shall bc screened from residential
Section 1040 (District Regulations) Page 64
June 23, 2011
properties by use of a retractable curtain, landscaping, buildings or
other methods to prevent light pollution, including sky glow.
x:10. The site complies with the minimum lot size area standards for
the district.
xb11. Sale of accessory items shall be permitted, provided they do
not generate more than 20 percent of the sales (measured by retail
value or sales volume) for the business nor cover more than 10
percent of the site area.
xii.12. At least 50 percent of the nursery stock to be sold on site must
be grown on site.
xiii.13. The provisions of Section 1070.020 10.14(a)(5) of this
ordinance are considered and satisfactorily met.
7,F. Laboratories /research facilities.
&G. Lumber Yards /building material sales.
9,H. Mini Storage /Self Storage Facilities.
1. Units are to be used for dead storage only. Units are not to be used for
retailing, auto repair, human habitation, or any commercial activity,
except as allowed by this section.
2. Combining office and /or retail space with a self - service storage
facility may be allowed by Conditional Use Permit.
3. Storage of hazardous or flammable materials is prohibited.
4. No exterior storage is allowed.
5. The facility shall be secured by either the walls of the structure
and /or fencing. All doors on the units shall face inward and away
from the street and property lines.
6. An on -site manager is allowed only where adequate sanitary facilities
are provided, either through use of a septic system or through
connection to the public sanitary sewer system. Use of portable
sanitary facilities does not fulfill this requirement.
40,I. Motor Fuel Stations.
Section 1040 (District Regulations) Page 65
June 23, 2011
1. That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only
as allowed by the conditional use permit.
2. The off - street loading space(s) and building access for delivery of
goods shall be separate from customer parking and entrances and
shall not cause conflicts with customer vehicles and pedestrian
movements.
3. Motor fuel facilities shall be installed in accordance with State and
City standards. Additionally, adequate space shall be provided to
access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on
the site. Fuel pumps shall be installed on pump islands.
4. All buildings, canopies, and pump islands shall be located to comply
with the minimum setback requirements of the zoning district in
which they are located.
5. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
for pump islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
11.i. Motor Vehicle, Boat or Equipment Repair.
X41. All servicing of vehicles and equipment shall occur entirely
within the principal structure.
1 2. To the extent required by State law and regulations, painting
shall be conducted in an approved paint booth, which thoroughly
controls the emission of fumes, dust, or other particulated matter.
Q3. Storage and use of all flammable materials, including liquid and
rags, shall conform with applicable provisions of the Minnesota
Uniform Fire Code.
14. Parking, driveway, and circulation standards and requirements
shall be subject to the review and approval of the City and shall be
Section 1040 (District Regulations) Page 66
June 23, 2011
based upon the specific needs of the operation and shall accommodate
large vehicle equipment and semi - trailer /tractor trucks.
15. The storage of damaged vehicles and vehicle parts and
accessory equipment must be completely inside a principal or
accessory building.
16. The sale of products other than those specifically mentioned in
this Section shall be subject to a separate conditional use permit
12.K. Motor Vehicle, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete,
or approved equivalent.
3. Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped
areas. Interior curbs shall be a nominal 6- inches in height or greater.
4. All areas of the property not devoted to buildings or parking areas
shall be landscaped in accordance with this ordinance.
5. Off- street parking shall be provided for customers and employees in
accordance with this ordinance.
6. Each space used as pParking for a "for sale" motor vehicle, boat, or
trailersales display shall not be less than 9 feet wide by 18.5 feet in
length.
7. Display of motor vehicles, boats, and trailers for sale off the property
of their owner is prohibited unless authorized by Conditional Use
Permit.
13.8. Open or outdoor services, sales and equipment rental.
4-4 _,. Places of WorshipPlaces of Worship /Assembly.
4--5,M. Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance.
4-N. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
groomingVeterinary clinics, animal hospitals, and the like.
Section 1040 (District Regulations) Page 67
June 23, 2011
Subd. 5.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
4,A. Accessory Dwelling Unit, subject to the following:
t1.Not more than one accessory dwelling unit shall be allowed on a lot.
19,2. An accessory dwelling unit shall comply with the same
minimum building setback requirements as required for the principal
structure and shall be attached to the principal structure.
€ 3.An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal use or 800 square feet, whichever is
less.
4. The exterior design of an accessory dwelling unit shall
incorporate a similar architectural style, roof pitch, colors, and
materials as the principal building on the lot,
e:5.The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
f 6. There shall be no separate ownership of the accessory dwelling unit.
g7.Rental of the accessory dwelling unit separate from the principal use
is prohibited.
19,8. In addition to the parking spaces required for the principal use
on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal use parking spaces, and shall
comply with the requirements of this Chapter.
1,9. An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address numbers.
j. No more than 2 persons, neither of whom may be under 18
years of age, shall occupy the accessory dwelling unit.
1(10. The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
Section 1040 (District Regulations) Page 68
June 23, 2011
1,11. The interim use permit shall be issued for 3 years in
accordance with the procedures outlined in Section 1070.030 of the
Zoning Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval and
ordinance requirements for accessory dwelling units. Interim uses
found to be in compliance may be extended by the Zoning
Administrator for periods of up to 3 years each.
2,B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
Subd. 7.
A. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
B. Essential Services, as allowed by Section 1030.090.
C. Seasonal Outdoor Retail Sales.
th1.Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard
setback requirements.
12. Where seasonal outdoor retail sales are conducted in a parking
lot, they shall be confined to a defined area, and not be allowed to
obstruct access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
E3. Where tents, temporary green houses, or similar structures are used
to store, and /or display merchandise, they shall be anchored to
provide a wind -load resistance of 40 miles per hour.
D. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
E. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Area Requirements. The following minimum requirements shall be met in
the CR district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Section 1040 (District Regulations) Page 69
June 23, 2011
Minimum lot area
2.5 acres
Minimum developable
2
contiguous ar u
acres
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
Maximum Impervious Surface Coverage
50%
(Ord. 200, passed 07 22 04, Ord. 225, 11 22 05, Ord. 231, passed 02 09 06)
Section 1040 (District Regulations) Page 70
June 23, 2011
1040.085 095 - TCR (Transitional Rural Commercial)
Subd. 1.
Purpose. The Transitional Rural Commercial District (TCR) represents
transition areas that have been identified as practical and generally suitable
for future development as part of the Rural Commercial District. The
purpose of the TCR District is to provide a holding zone until a landowner
makes application for development, at which time the City may rezone the
affected property to CR, consistent with the land use plan. Residential land
uses will be allowed to continue pending future redevelopment consistent
with the City's Comprehensive Plan.
Subd. 2. Permitted Uses.
A_DaycareDay Care Facilities, state licensed, as defined by statute.
4,--
B. Dwelling, single family detached.
the Zoning Ordinance.
3,C. Seasonal Produce Stands.
4D. Residential facilities in a single family detached dwelling, serving 6 or
fewer individuals and licensed by the State.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
A.Any incidental machinery, structures or buildings necessary for
agriculture or other permitted uses.
lC. DaycareDay Care Facilities, county licensed, 12 or fewer individuals.
&D. Fences as regulated by Section 1060 (Performance Standards) of this
chapter.
PE. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
lF. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.
lG. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
Section 1040 (District Regulations) Page 71
June 23, 2011
Subd. 4.
Subd. 5.
GH. Signs as regulated by the City Code.
Conditional Uses: The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited below for a specific use:
A. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
1. Towers and Antennas as regulated by Chaptcr 111
{Telecommunications Services) of the City Code.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited below for a specific use:
A. Accessory Dwelling Unit, subject to the following:
a,1.Not more than one accessory dwelling unit shall be allowed on a lot.
13,2. An accessory dwelling unit shall comply with the same
minimum building setback requirements as required for the principal
structure and shall be attached to the principal structure.
�3.An accessory dwelling unit shall be a clearly incidental and
subordinate use, the gross floor area of which shall not exceed the
gross floor area of the principal use or 800 square feet, whichever is
less.
d 4. The exterior design of an accessory dwelling unit shall
incorporate a similar architectural style, roof pitch, colors, and
materials as the principal building on the lot,
e:5.The owner of the property or the property caretaker shall reside in
the principal dwelling unit or in the accessory dwelling unit.
There shall be no separate ownership of the accessory dwelling unit.
g7.Rental of the accessory dwelling unit separate from the principal use
is prohibited.
14,8. In addition to the parking spaces required for the principal use
on the lot, 2 off - street parking spaces shall be provided for an
accessory dwelling unit. Such accessory dwelling unit parking spaces
shall not conflict with the principal use parking spaces, and shall
comply with the requirements of this Chapter.
Section 1040 (District Regulations) Page 72
June 23, 2011
19. An accessory dwelling unit shall have a separate address from the
principal use on the lot, and shall be identified with address numbers.
j. No more than 2 persons, neither of whom may be under 18
years of age, shall occupy the accessory dwelling unit.
110. The interim use permit shall expire if the principal use of the
property changes or the ownership of either the property or the
principal use changes.
141. The interim use permit shall be issued for 3 years in
accordance with the procedures outlined in Section 1070.030 of the
Zoning Ordinance. Such permits will be administratively reviewed
every 3 years to ensure compliance with conditions of approval and
ordinance requirements for accessory dwelling units. Interim uses
found to be in compliance may be extended by the Zoning
Administrator for periods of up to 3 years each.
B. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Special Home Occupations as allowed by Section 1030.100 of this chapter.
Subd. 7.
Area Requirements: The following minimum requirements shall be met in
the TCR district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
2.5 acres
Minimum developable
1.5
contiguous area
acres
Minimum lot width
200 feet
Minimum lot depth
300 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
6&50 feet
Side
25 feet
Rear
25 feet
Maximum Building Height
35 feet
(Ord. 208, passed 10 28 09, Ord. 225, passed 11 22 05, Ord. 231, passed 02 09 06)
Section 1040 (District Regulations)
June 23, 2011
Page 73
1040.0-9 -0-100 - C -1 (Neighborhood Commercial)
Subd. 1.
Purpose. The purpose of the Neighborhood Commercial (C -1) District is to
allow single and multi -use commercial buildings containing convenience
retail and service commercial uses at major intersections on small
neighborhood scale sites where public sewer is available and sites are
designated in the ! e -2030 Comprehensive Plan. The
district is intended to accommodate the basic needs of neighborhoods that
would not otherwise have convenient access to retail areas in the City. Due to
the proximity to residential neighborhoods new buildings shall appear to
have similar scale and design elements as the neighboring buildings.T#i -s
district is intended to provide for a variety of retail and service uses. The
purpose of the district is to provide for the establishment of a downtown that
is a blend of cultural, rccr tional, civic entertainment, retail sales and office
uses. Businesses requiring exterior storage for processing retail sales or
wholesale activities are not permitted in this district. New development
within this district will be allowed only when a full range of municipal
services and facilities are available to serve the area.
Subd. 2. Permitted Uses.
a:A. Bakery, retail
B. Banks, savings and loan, credit unions and other financial institutions,
with or without drive - through.
b. Banks, savings and loans, credit unions and other financial
institutions.
EC. Barbers, Beauty Shops and similar personal service uses.
D. Copy /print shop
4E. Day Care Facilities, state licensed, as defined by statute.
e. Drug Stores, Variety Stores, etc.
F. Dry cleaning and laundry pick up, incidental pressing and repair without
but not including dry cleaning processing.
G. Government and public utilities buildings and structures.
the Zoning Ordinance.
Section 1040 (District Regulations)
June 23, 2011
Page 74
h. Funeral Homes /Mortuaries.
j. Groceries (not to exceed 50,000 square feet).
k. Hardware Stores.
1. Laundromats.
m. Liquor Off sale /On sale.
n. Locksmith.
H. Hotel, inns and bed and breakfast establishments
chi. Offices, medical and professional.
p:LPublic and Private Clubs and Lodges.
Public buildings.
K. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through and not to exceed 50,000 square feet).
q,L.Restaurants and cafes (without drive - through) and Pubs.
tM. Video Rental.Taverns
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B Accessory uses incidental and customary to uses allowed in this Section.
e.-C. Day Care Facilities, county licensed, 12 or fewer individuals.
d. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
Section 1040 (District Regulations)
June 23, 2011
Page 75
Subd. 4.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Automobile Retail (tires, batteries, etc. No body work or repair
work)Auto retail tire /battery stores.
B. Car Washes.
a1.The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the
amount of time it takes to wash a vehicle. Stacking spaces shall not
interfere with parking spaces or traffic circulation.
2. The exit from the car wash shall have a drainage system which is
subject to the approval of the City and gives special consideration to
the prevention of ice build -up during winter months.
13;3. Hours of operation shall be limited to between
7:00 a.m. and 10:00 p.m. daily.
C. Commercial recreation and entertainment.
D. Drive - through businesses. subject to the standards outlined in Section
1060.060, Subd. 12.Drive Through Business, subject to the standards
outlined in Section 1060.060, Subd. 12.
E. Dwelling, Elderly.
lE. Greenhouses and Nurseries, subject to the following:
1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
2. On -site storage and use of pesticides and fertilizers shall meet the
standards of the Minnesota Department of Agriculture.
3. Adequate off - street parking is provided on an improved surface as
required by this ordinance.
4. Adequate parking, loading and maneuvering areas shall be provided.
5. Loading areas are fully screened from adjacent residential uses.
Section 1040 (District Regulations) Page 76
June 23, 2011
6. Not more than 30 percent of the site area shall contain outdoor
storage of plants, accessory items and landscaping materials. All
other sales and product storage areas must be within an approved
building or structure. be covered with buildings or other structures.
7. Hours for retail sale of product to customers shall be limited to 7:00
a.m. to 9:00 p.m.
8. Lighting shall comply with all ordinance requirements. Furthermore,
not more than 25 percent of the greenhouse space may be lit at any
time. If more than 25 percent of the greenhouse spaces are to be lit at
night, they shall be screened from residential properties by use of a
retractable curtain, landscaping, buildings or other methods to
prevent light pollution, including sky glow.
7. Hours for retail sale of product to customers shall be limited to
the following:
i. 9:00 a.m. 7:00 p.m. Monday Friday
ii. 9:00 a.m. 6:00 p.m. Saturday
iii. 10:00 a.m. 5:00 p.m. Sunday
8. Lighting shall comply with all ordinance requirements.
be lit at any time. If morc than 25 percent of the greenhouse spaces
are to be lit at night, they shall be screened from residential
properties by use of a retractable curtain, landscaping, buildings or
other methods to prevent light pollution, including sky glow.
9. The site complies with the minimum lot size area standards for the
district.
10. Sale of accessory items shall be permitted for the business as long as
they cover no more than 10 percent of the outside site area.
10. value or sales volume) for the business nor cover more than 10
percent of the site area.
11. At least 50 percent of the nursery stock to be sold on site must
be grown on site.
4241. The provisions of Section 1070.020 Section 10.14(a) (5) of this
ordinance are considered and satisfactorily met.
GT,F. Hospitals, nursing home and similar care facilities.
G. Health clubs and fitness centers less than 5,000 square feet in size.
H. Motor Fuel Stations.
Section 1040 (District Regulations) Page 77
June 23, 2011
Subd. 5.
41. That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only
as allowed by the conditional use permit.
112. The off - street loading space(s) and building access for delivery
of goods shall be separate from customer parking and entrances and
shall not cause conflicts with customer vehicles and pedestrian
movements.
Q3. Motor fuel facilities shall be installed in accordance with State
and City standards. Additionally, adequate space shall be provided to
access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on
the site. Fuel pumps shall be installed on pump islands.
P4. All buildings, canopies, and pump islands shall be located to
comply with the minimum setback requirements of the zoning district
in which they are located.
T5. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
for pump islands shall not exceed 30 -foot candles.
6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
I. Multi Family Dwellings.
J. Places of Worship.
II_ Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
I. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming.
L. Veterinarian Clinics, Animal Hospitals and the like.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
Section 1040 (District Regulations) Page 78
June 23, 2011
a. Accessory Dwelling Unit, subject to the following:
A. Not more than one accessory dwelling unit shall be allowed on a lot.
B. An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for thc principal structure and
shall be attached to the principal structure.
floor arcs of the principal use or 800 square feet, whichever is less.
D. The exterior design of an accessory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot,
the principal dwelling unit or in the accessory dwelling unit.
F. There shall be no separate ownership of the accessory dwelling unit.
G. Rental of the accessory dwelling unit separate from the principal use
is prohibited.
dwelling unit. Such accessory dwelling unit parking spaces shall not
conflict with the principal use parking spaces, and shall comply with the
requirements of this Chapter.
I. An accessory dwelling unit shall have a separate address from the
principal usc on the lot, and shall be identified with address numbers.
J. No more than 2 persons, neither of whom may be under 18 years of
age, shall occupy thc accessory dwelling unit.
K. The interim usc permit shall expire if thc principal use of the property
changes or the ownership of either thc property or the principal use
changes.
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 y ars to ensure
compliance with conditions of approval and ordinance requirements for
Section 1040 (District Regulations)
June 23, 2011
Page 79
accessory dwelling units. Interim uses found to be in compliance may be
extended by the Zoning Administrator for periods of up to 3 y ars each.
b. Conditional Home Occupation License (CHOL) as allowed by Section
1030.100 (Home Occupations) of the Zoning Ordinance.
EA.Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
Subd. 7.
13,A. Essential Services, as allowed by Section 1030.090.
C. Special Home Occupations as allowed by Section 1030.100 of this
chapter.
1B. Seasonal Outdoor Retail Sales.
a:1.Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard
setback requirements.
13,2. Where seasonal outdoor retail sales are conducted in a parking
lot, they shall be confined to a defined area, and not be allowed to
obstruct access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
E3. Where tents, temporary green houses, or similar structures are used
to store, and /or display merchandise, they shall be anchored to
provide a wind -load resistance of 40 miles per hour.
&C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Area Requirements. The following minimum requirements shall be met in
the C -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Section 1040 (District Regulations) Page 80
June 23, 2011
Minimum lot area:
1
acre
Single- tenant building
25,000 square feet
Multi- tenant building
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
25 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
Maximum Building Size
50,000 square feet
Maximum Impervious Surface Coverage
8090%
(Ord. 200, passed 07 22 09, Ord. 225, passed 11 22 05)
Section 1040 (District Regulations) Page 81
June 23, 2011
1040.100 -110 - C -2 (Community Commercial)
Subd. 1.
Purpose. This district is intended to provide for a variety of retail and service
businesses serving the region, which are oriented towards motorists and
require high volumes of traffic and visibility from major roads. The service
area for this area will extend beyond the boundaries of Corcoran. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area.
Subd. 2. Permitted Uses.
A. Bakery, retail.
B. Banks, savings and loan, credit unions and other financial institutions,
with or without drive - through.
B. Banks, savings and loans, credit unions and other financial
institutions.
C. Barbers, Beauty Shops and similar personal service uses.
D. Day Care Facilities, state licensed, as defined by statute.
E. Department Stores.
F. Drug Stores, Variety Stores, etc.
G. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
processing.
H. Funeral Homes and MortuariesFuneral Homes /Mortuaries.
I. Government and public utilities buildings and structures.
J. Grocery Stores (not to exceed 50,000 square feet).
K. Hardware Stores.
L. Hobby and Craft Stores.
M. Home Furniture and Home Furnishing Stores.
N. Household Appliance Stores.
0. Laundromats.
Section 1040 (District Regulations) Page 82
June 23, 2011
P. Liquor —Off- sale /On -sale.
Q.Locksmith.
14Q. Offices, medical and professional.
S:R. Public and Private Clubs and Lodges.
TS.Retail goods and service uses of a similar natureRctail /Scrvicc uses of a
similar nature.
tT. Restaurants and cafes (without drive- through)Rcstaurants (without
drive through) and Pubs.
U. Retail goods and service uses of a similar nature
V. Sporting Goods and similar retail sales.
W. Tailoring services, shoe repair and similar services.
X. Taverns
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
PA. Accessory uses incidental and customary to uses allowed in this
Section.
1C. Day Care Facilities, county licensed, 12 or fewer individuals.
&D. Allowed Home Occupations as regulated by Section 1030.100 (Home
Occupations) of this chapter.
Subd. 4.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Assisted Living Facilityies.
B. Automobile Retail (tires, batteries, etc. No body work or repair
work)Auto retail tire /battery stores.
C. Car Wash.
Section 1040 (District Regulations) Page 83
June 23, 2011
1. The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the
amount of time it takes to wash a vehicle. Stacking spaces shall not
interfere with parking spaces or traffic circulation.
2. The exit from the car wash shall have a drainage system which is
subject to the approval of the City and gives special consideration to
the prevention of ice build -up during winter months.
D. Commercial recreation and entertainment.
E. Drive - through businesses, subject to the standards outlined in Section
1060.060, Subd. 12Drivc through businesses, subject to the standards
outlined in Section 1060.060, Subd. 12.
E.
F. Dwelling, Multiple Family
lG. Greenhouses and Nurseries, subject to the following:
L1. When abutting a residential use or district, the property shall be
screened and landscaped in accordance with this Chapter. All
structures shall be set back at least 100 feet from any residential
property line.
i }2. On -site storage and use of pesticides and fertilizers shall meet
the standards of the Minnesota Department of Agriculture.
i43. Adequate off - street parking is provided on an improved
surface as required by this ordinance.
i4. Adequate parking, loading and maneuvering areas shall be
provided.
v,5.Loading areas are screened from adjacent residential uses.
6. Not more than 30 percent of the site area shall be covered with
buildings or other structures.
vh7. Hours for retail sale of product to customers shall be limited to
to 7:00 a.m. to 9:00 p.m.the following:
a.9:00 a.m. 7:00 p.m. Monday Friday
b.9:00 a.m. 6:00 p.m. Saturday
c.10:00 a.m. 5:00 p.m. Sunday
Section 1040 (District Regulations) Page 84
June 23, 2011
viii.8. Lighting shall comply with all ordinance requirements.
Furthermore, not more than 25 percent of the greenhouse space may
be lit at any time. If more than 25 percent of the greenhouse spaces
are to be lit at night, they shall be screened from residential
properties by use of a retractable curtain, landscaping, buildings or
other methods to prevent light pollution, including sky glow.
49. The site complies with the minimum lot sizc area standards for
the district.
x10. Sale of accessory items shall be permitted, provided they do
not generate more than 20 percent of the sales (measured by retail
value or sales volume) for the business nor cover more than 10
percent of the site area.
X11. At least 50 percent of the nursery stock to be sold on site must
be grown on site.
xii.12. The provisions of Section 1070.020 Section 10.14(a)(5) of this
ordinance are considered and satisfactorily met.
G,H. Hospitals, nursing home and similar care facilities.
14,I. Hotel, inns and bed and breakfast establishments Hotel /Motel.
hLMotor Fuel Stations.
1. That the proximate area and location of space devoted to non -
automotive merchandise sales shall be specified in the application and
in the conditional use permit. Exterior sales or storage shall be only
as allowed by the conditional use permit.
12. The off - street loading space(s) and building access for delivery
of goods shall be separate from customer parking and entrances and
shall not cause conflicts with customer vehicles and pedestrian
movements.
Q3. Motor fuel facilities shall be installed in accordance with State
and City standards. Additionally, adequate space shall be provided to
access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow
adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on
the site. Fuel pumps shall be installed on pump islands.
Section 1040 (District Regulations) Page 85
June 23, 2011
Subd. 5.
P4. All buildings, canopies, and pump islands shall be located to
comply with the minimum setback requirements of the zoning district
in which they are located.
15. All canopy lighting for motor fuel station pump islands shall be
recessed or shielded to provide a 90- degree cutoff. Illumination levels
for pump islands shall not exceed 30 -foot candles.
--6. Litter Control. The operation shall be responsible for litter control
within 300 feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on
site to facilitate litter control.
J. Multi Family Dwellings.
K. Places of WorshipPlaces of Worship /Assembly.
L. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
M. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming.Veterinarian Clinics, Animal Hospitals and the likerelated
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
1. Accessory Dwelling Unit, subject to the following:
a. Not more than one accessory dwelling unit shall be allowed on a lot.
b. An accessory dwelling unit shall comply with the same minimum building setback
requirements as required for the principal structure and shall be attached to the principal
structure.
c. An accessory dwelling unit shall be a cl rly incidental and subordinate use, the
gross floor area of which shall not exceed the gross floor area of the principal use or 80Q
square feet, whichever is less.
d.
The exterior design of an accessory dwelling unit shall incorporate a similar
c. The owner of the property or the property caretaker shall reside in the principal
dwelling unit or in the accessory dwelling unit.
Section 1040 (District Regulations)
June 23, 2011
Page 86
f.
g.
h.
There shall be no separate ownership of the accessory dwelling unit.
Rental of the accessory dwelling unit separate from the principal use is prohibited.
In addition to the parking spaces required for the principal use on the lot, 2 off
shall comply with the requirements of this Chapter.
i. An accessory dwelling unit shall have a separate address from the principal use on
the lot, and shall be identified with address numbers.
j. No more than 2 persons, neither of whom may be under 18 years of agc, shall
occupy the accessory dwelling unit.
k. The interim use permit shall expire if the principal use of the property changes or
the ownership of either the property or the principal use changes.
1. The interim use permit shall be issued for 3 y rs in accordance with the
procedures outlined in Section 1070.030 of the Zoning Ordinance. Such permits will be
administratively reviewed every 3 years to ensure compliance with conditions of approval
and ordinance requirements for accessory dwelling units. Interim uses found to be in
compliance may be extended by the Zoning Administrator for periods of up to 3 years each.
2,A. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
6.A. Essential Services, as allowed by Section 1030.090.
14,B. Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance, only
when co- located.Towers and Antennas (freestanding) as regulated by
Section 1060.100 (Telecommunications Services) of the Zoning
Ordinance, only when co located.
hC. Seasonal Outdoor Retail Sales.
a:D. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area, and shall meet all yard setback
requirements.
b:E. Where seasonal outdoor retail sales are conducted in a parking lot,
they shall be confined to a defined area, and not be allowed to obstruct
Section 1040 (District Regulations) Page 87
June 23, 2011
Subd. 7.
access of emergency vehicles or pose a traffic safety problem. Temporary
fencing or other suitable mechanisms shall be used to delineate the sales
area and provide for pedestrian safety.
F. Where tents, temporary green houses, or similar structures are used to
store, and /or display merchandise, they shall be anchored to provide a
wind -load resistance of 40 miles per hour.
Area Requirements. The following minimum requirements shall be met in
the C -2 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
25 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
35 feet
Maximum Impervious Surface Coverage
80%
(Ord. 200, passcd 07 22 09, Ord. 225, passed 11 22 05)
Section 1040 (District Regulations) Page 88
June 23, 2011
1040.110 120 - BP (Business Park)
Subd. 1.
Purpose. The intent of this district is to provide for the establishment of
campus developments with a variety of office, low- impact manufacturing or
assembly of a variety of products that create no exterior noise, glare or
fumes. Uses allowed in this district are limited to those that are compatible
with lower intensity residential and business uses and which have limited
amounts of outside storage. Developments in this district will provide a
number of amenities, including architectural controls, landscaping,
preservation of natural features, etc. New development within this district
will be allowed only when a full range of municipal services and facilities are
available to serve the area.
Subd. 2. Permitted Uses.
4,A. Banks, savings and loan, credit unions and other financial institutions,
with or without drive - through up tellers.
2,B. Commercial printing establishments.
3,C. Conference centers and reception halls.
4.D. Essential services and structures.
:E. Government and public utilities buildings and
structures.Govcrnmcntal and public utility buildings and structures
(excluding public works type facilities and uses).
6,F. Laboratories /research facilities.Laboratorics.
7,G. Light Industrial.
&H. Manufacturing or assembly of products that produce no exterior
noise, glare, fumes, obnoxious products, byproducts or wastes or creates
other objectionable impact on the environment.
9,1. Offices, medical and professional.
4-0,1. Office Warehouse.
K. Radio and television stations or studios.
11. Research Facilities.
L. Technical, vocational, business and college /university satellite
facilities /schools.
Section 1040 (District Regulations) Page 89
June 23, 2011
12.M. Warehousing and indoor storage used in conjunction with offices or
manufacturing facilities.
4-3,N. Wholesale Showrooms.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B Accessory uses incidental and customary to uses allowed in this Section.
Subd. 4.
• • • e e e 1
b. Seasonal outdoor retail sales.
C Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
ED. Tenant restaurants, cafeterias, and retail service limited to tenants of
the building, provided that they be essentially limited to providing service
to the users of the permitted use, and that no signs or other evidence of
these uses are visible from the exterior of the building.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Day Care, Commercial.
14:B. Hotel, inns and bed and breakfast establishmentsHotcls /Motels.
I. Mini Storage /Self Storage Facilities.
retailing, auto repair, human habitation, or any commercial activity,
except as allowed by this section.
B. Combining office and /or retail space with a self service storage
facility may be allowed by Conditional Use Permit.
C. Storage of hazardous or flammable materials is prohibited.
D. No exterior storage is allowed.
Section 1040 (District Regulations)
June 23, 2011
Page 90
E. The facility shall bc secured by either the walls of the structure
and /or fencing. All doors on the units shall face inward and away from
the street and property lines.
are provided, either through use of a septic system or through connection
does not fulfill this requirement.
J. Motor Vchicic, Boat or Equipment Repair.
A. All servicing of vehicles and equipment shall occur entirely within the
principal structurc.
B. To the extent required by State law and regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission of fumes, dust, or other particulated matter.
shall conform with applicable provisions of the Minnesota Uniform Fire
Cede,
be subject to the review and approval of the City and shall be based upon
the specific needs of the operation and shall accommodate large vehicle
equipment and semi trailer /tractor trucks.
E. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory building.
F. The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
K. Motor Vchicic, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking ar as for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete, or
approved equivalent.
3. Interior concrete or asphalt curbs shall bc constructed within the
property to separate driving and parking areas from landscaped areas.
41. All areas of the property not devoted to buildings or parking areas
shall be landscaped in accordance with this ordinance.
Section 1040 (District Regulations) Page 91
June 23, 2011
Subd. 5.
5. Off street parking shall be provided for customers and employees in
accordance with this ordinance.
6. Each space uscd as parking for a "for sale" motor vehicle, boat, or
trailer shall not be less than 9 feet wide by 18.5 feet in length.
7. Display of motor vehicles, boats, and trailers for sale off the property
of their owner is prohibited unless authorized by Conditional Use Permit.
a. Storage area is blacktop or concrete surfaced unless specifically
approved by the City Council.
required for conformity to this Chapter.
properties.
MC. Retail Uses accessory to permitted development limited to 10 percent
of the gross floor area of the building.
-ADD. Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance.
0. Trade Schools, Seminaries and other Highcr Education Facilities.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Accessory Dwelling Unit, subject to the following:
b. An accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the principal structure and
shall be attached to the principal structure.
floor area of the principal use or 800 square feet, whichever is less.
Section 1040 (District Regulations)
June 23, 2011
Page 92
d. The exterior design of an acccssory dwelling unit shall incorporate a
similar architectural style, roof pitch, colors, and materials as the
principal building on the lot,
the principal dwelling unit or in the accessory dwelling unit.
f. There shall be no separate ownership of the accessory dwelling unit.
• ..
is prohibited.
h. In addition to the parking spaces required for the principal use on the
dwelling unit. Such acccssory dwelling unit parking spaces shall not
conflict with the principal use parking spaces, and shall comply with the
requirements of this Chapter.
i. An accessory dwelling unit shall have a separate address from the
principal use on thc lot, and shall be identified with address numbers.
age, shall occupy thc accessory dwelling unit.
k. The intcrim usc permit shall expire if the principal use of the property
changes or thc ownership of either thc property or the principal use
changes.
I. The intcrim usc permit shall be issued for 3 years in accordance with
the procedures outlined in Section 1070.030 of the Zoning Ordinance.
Such permits will be administratively reviewed every 3 years to ensure
compliance with conditions of approval and ordinance requirements for
accessory dwelling units. Interim uses found to be in compliance may be
extended by thc Zoning Administrator for periods of up to 3 years each.
A. School facility, leasing space.
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
4,A. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
Section 1040 (District Regulations) Page 93
June 23, 2011
1
1
Subd. 7.
2,B. Essential Services, as allowed by Section 1030.090.
3C. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Area Requirements. The following minimum requirements shall be met in
the BP district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side, Internal
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
70%
(Ord. 200, passed 07 22 04, Ord. 11 22 05)
Section 1040 (District Regulations) Page 94
June 23, 2011
1040.125 - I -1 (Light Industrial)
Subd. 1.
Purpose. The purpose of the I -1, Light Industrial District is providing for the
establishment of warehousing and light industrial development. The overall
character of the I -1 District is intended to have a low impact
manufacturing /warehouse character. Industrial uses allowed in this district
shall be limited to those which can compatibly exist adjacent to both lower
intensity business uses and high intensity manufacturing uses and which
have limited amounts of truck traffic. Because I -1 may abut residential uses
the I -1 uses are regulated in height, lot coverage, setbacks, landscaping,
loading and use type so as to facilitate compatibility between these uses and
residential development. New development within this district will be
allowed only when a full range of municipal services and facilities area
available to serve the area.
Subd. 2. Permitted Uses.
A. Automotive detailing shops.
B. Contractors operations
C. Commercial printing establishments.
D. Equipment rental
E. Essential services and structures.
F. Government and public utilities buildings and structures.
G. Indoor sports and recreation (commercial) provided the structure and
use is located at least one hundred feet (100') form any residential zoning
district.
H. Laboratories /research facilities.
L Manufacturing or assembly of products that produce no exterior noise,
glare, fumes. obnoxious products, byproducts or wastes or creates other
objectionable impact on the environment.
J.
Lumber yards /building material sales.
K. Offices, medical and professional..
L. Printing and publishing.
M. Radio and television stations or studios
Section 1040 (District Regulations) Page 95
June 23, 2011
N. Recycling facility- indoor
0. Warehousing /distribution and indoor storage.
P. Wholesale Showrooms.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
Subd. 4.
C. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
D. Retail sales related to the processing of product on site so long as it does
not exceed thirty percent (30 %) of the floor space of the principal
building.
E. Tenant restaurants, cafeterias, and retail service limited to tenants of the
building, provided that they be essentially limited to providing service to
the users of the permitted use, and that no signs or other evidence of
these uses are visible from the exterior of the building.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Day Care, Commercial.
B. Mini Storage /Self Storage Facilities.
1. Units are to be used for dead storage only. Units are not to be used for
retailing, auto repair, human habitation, or any commercial activity,
except as allowed by this section.
2. Combining office and /or retail space with a self - service storage
facility may be allowed by Conditional Use Permit.
3. Storage of hazardous or flammable materials is prohibited.
4. No exterior storage is allowed.
Section 1040 (District Regulations) Page 96
June 23, 2011
5. The facility shall be secured by either the walls of the structure
and /or fencing. All doors on the units shall face inward and away
from the street and property lines.
6. An on -site manager is allowed only where adequate sanitary facilities
are provided, either through use of a septic system or through
connection to the public sanitary sewer system. Use of portable
sanitary facilities does not fulfill this requirement.
C. Motor Vehicle, Boat or Equipment Repair.
1. All servicing of vehicles and equipment shall occur entirely within the
principal structure.
2. To the extent required by State law and regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission of fumes, dust, or other particulated matter.
3. Storage and use of all flammable materials, including liquid and rags,
shall conform with applicable provisions of the Minnesota Uniform
Fire Code.
4. Parking, driveway, and circulation standards and requirements shall
be subject to the review and approval of the City and shall be based
upon the specific needs of the operation and shall accommodate large
vehicle equipment and semi - trailer /tractor trucks.
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory
building.
6. The sale of products other than those specifically mentioned in this
Section shall be subject to a separate conditional use permit
D. Motor Vehicle, Boats and Equipment Sales.
1. All sales shall occur on one lot.
2. Parking areas for the outside storage and sale of vehicles, boats and
trailers, shall be on impervious surface, either bituminous, concrete,
or approved equivalent.
3. Interior concrete or asphalt curbs shall be constructed within the
property to separate driving and parking areas from landscaped
areas.
Section 1040 (District Regulations) Page 97
June 23, 2011
Subd. 5.
4. All areas of the property not devoted to buildings or parking areas
shall be landscaped in accordance with this ordinance.
5. Off- street parking shall be provided for customers and employees in
accordance with this ordinance.
6. Parking for a motor vehicle, boat, or trailer sales shall not be less than
9 feet wide by 18.5 feet in length.
E. Outside Storage, accessory to an allowed use provided that:
1. Storage area is blacktop or concrete surfaced unless specifically
approved by the City Council.
2. The storage area does not take up parking space or loading space as
required for conformity to this Chapter.
3. The storage area is screened from public streets and surrounding
properties.
F. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance.
G. Trade Schools, Seminaries and other Higher Education Facilities.
H. Veterinary clinic, Animal Hospital and related indoor kennel; and pet
grooming.
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Land reclamation, mining and soil processing
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Section 1040 (District Regulations) Page 98
June 23, 2011
Subd. 7.
Area Requirements. The following minimum requirements shall be met in
the I -1 district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
1 acre
Minimum lot width
100 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side
20 feet
Rear
20 feet
Adjacent to Residential
50 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
70%
Section 1040 (District Regulations) Page 99
June 23, 2011
1040.130 - Downtown Mixed Use (DMU) District
Subd. 1.
Purpose. The purpose of the Downtown Mixed Use District is to provide for
the orderly and integrated development of a high quality downtown. The
Downtown Mixed Use District will provide for the establishment of a
community focal point which is a blend of cultural, civic, entertainment,
commercial, retail, residential and office uses as defined and guided by the
2030 Comprehensive Plan. Residential uses shall be developed at a
minimum of ten units per acre or greater. New development within this
district will be allowed only when a full range of municipal services and
facilities area available to serve the area.
Subd. 2. Intent. The intent of this district is to:
A. Establish a strong identity for the City of Corcoran downtown.
B. Create an orderly and integrated mix of high - quality uses for downtown
Corcoran that includes a mix of shops, restaurants, offices, housing,
recreation, community facilities, parks and open space, all within a
walkable area designed to be both pedestrian - friendly and auto -
accessible.
C. Promote high - quality architectural and site design.
Subd. 3. Application and Reference Materials.
The Downtown Mixed Use District is where development will be most
concentrated, and where controls are needed to produce the traditional
"Main Street" qualities that Corcoran is seeking. In addition to the
requirements of this section, development in this area should comply with
the spirit and intent of the City's Dcsig „City's Design Guidelines, (Appendix
AI
Subd. 4. Permitted Uses.
A. Bakery, retail
B. Banks, savings and loans, credit unions and other financial institutions
without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Copy /print shop
E. Day Care Facilities, state licensed, as defined by statute.
Section 1040 (District Regulations) Page 101
June 23, 2011
F. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
EE.G. Dwelling, Multiple Family with a minimum density of 10 units per net
acre, which may include units combining living and working space within
the unit, if all units on the same floor of a building are the same.
H. Government and public utilities buildings and structures.
I. Hotel, inns and bed and breakfast establishments
J. Offices, medical and professional.
K. Public parking ramp
L. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through).
M. Restaurants and cafes (without drive - through).
N. Taverns
Subd. 5. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
C. Outdoor seating within the public right of way or public open space for a
permitted or conditional use, provided that:
1. A sidewalk area at least six feet (6') wide is maintained free of seating
in the area.
2. An outdoor seating plan is prepared and approved by the city council
on the recommendation of the planning commission, on finding that
the plan will not compromise public health, safety, or welfare. The
plan may also include seasonal temporary landscaping and features
such as planter boxes. hanging baskets, low partitions, roped off areas,
and other approved elements.
D. Public open space plaza, square or other related uses.
Subd. 6. Conditional Uses.
Section 1040 (District Regulations) Page 102
June 23, 2011
A. Assisted living facility
B. Drive - through lanes serving permitted or conditional uses, except for
restaurants, for which drive - through lanes are not allowed in the
Downtown Mixed Use District, provided lanes comply with Section
1060.60, Subd 12 of this ordinance and meet the following criteria:
1. Drive - Through Lanes: Drive - through or drive -in lanes are not allowed
within the build -to line or in front of any building; they must be
located to the side or rear of a building. This does not pertain to
driveways.
2. Adequate stacking distance shall be provided, as determined by the
city engineer, which does not interfere with other driving areas,
parking spaces, or sidewalks.
3. Electronic speaker devices, if used, shall not be audible beyond the
property being served and shall not be operated between the hours of
ten (10:00) P.M. and seven (7:00) A.M.
4. Screening shall be provided of automobile headlights in the drive -
through lane to adjacent properties. Such screening shall be at least
three feet (3') in height- and fully opaque, consisting of a wall, fence,
dense vegetation, berm, or grade change.
5. A bypass lane shall be provided for each drive - through use, allowing
cars to leave the drive - through lane from the stacking area.
C. Funeral Homes and Mortuaries
D. Health clubs and fitness centers less than 5,000 square feet in size.
E. Museum
F. Nursing Home
G. Theatre
Subd. 7. Interim Uses
A. Farmers Market
B. Street Vendors
C. Other uses as approved by the City Council
Section 1040 (District Regulations) Page 103
June 23, 2011
Subd. 8. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
Subd. 9. Streets and Sidewalk Network.
A. Developments that include public or private streets shall connect with
and provide for the future extension of the community's street network.
B. Sidewalks are required along all public and private streets within the
Downtown Mixed Use District. The location and alignment of new
sidewalks shall connect directly with adjacent existing networks. The
width of the sidewalk shall be consistent with City policy.
C. Where the sidewalk along the public street is interrupted by a curb cut,
the walkway across the driveway shall be delineated by elevated
pavement or by use of contrasting pavement materials that meet ADA
accessibility standards.
D. On- street parking shall be incorporated with the street design within the
Downtown Mixed Use District. Parking zones shall be defined either by
curbing or with a change in paving materials.
E. Curb Cuts. The number and width of curb cuts shall be limited in
conformance with City policy. Sites with multiple buildings shall have
unified /joint access.
F. Street trees shall be regularly spaced and planted at no less than one tree
per 40 lineal feet of frontage on any street within the Downtown Mixed
Use District. Street trees should be located between the sidewalk and the
curb or coordinated as part of a streetscape design.
G. Utility Installation. New utilities shall be placed underground.
Compatible lines (e.g., electric, phone, cable) shall be placed in a common
trench.
Subd. 10. Off Street Parking.
A. No parking spaces shall be located between the immediate front of the
principal structure and the abutting front lot line.
B. No more than 50 percent of the parking provided on the lot shall be
located between the rear building line and the front yard lot line.
Section 1040 (District Regulations) Page 104
June 23, 2011
C. Off street parking lots shall conform to landscape and buffer
requirements as defined in the Landscaping section of the Design
Guidelines and Zoning Ordinance.
D. No parking spaces shall be located on corner lots at the point of street
intersections.
E. A reduction of up to twenty (20) percent in the number of required off -
street parking spaces (as required in Section 1060.060) may be approved
by the Zoning Administrator in the case of shared parking between
abutting uses or use of publically provided parking.
F. A reduction of one (1) parking space from the number of required off -
street parking spaces (as required in Section 1060.060) may be approved
by the Zoning Administrator for each on- street parking space provided at
the lot frontage on a public street.
G. Pedestrian Circulation. Clearly defined, safe pedestrian access shall be
provided from parking areas, adjacent public rights -of -way, and public
and private open space to building entrances. Pedestrian walkways
traversing parking lots with more than 60 parking spaces shall meet the
following standards:
1. Walkways adjacent to parking spaces shall be at least 5 feet wide and
shall be separated from vehicles by curbing or landscaping.
2. Walkways that cross parking lot drive aisles shall be delineated by
stripes, contrasting pavement materials, elevated pavement, or a
combination of these measures.
Subd. 11. Site Design Standards.
A. Street Edge Requirement. A consistent street edge must be maintained at
the right -of -way line along all street frontages. Street edge elements may
consist of the primary building, low masonry walls, fences, landscaping or
a combination of all of these elements.
B. Maximum Encroachment. With the approval of the agency having
jurisdiction over the right -of -way, awnings and arm signs may be
permitted to encroach within the public right -of -way as follows:
1. Awnings - within 2 feet of the face of the curb
2. Signs - 4 feet
Section 1040 (District Regulations) Page 105
June 23, 2011
C. All ground mounted mechanical equipment shall be fully screened and
properly maintained with material similar to or compatible with material
used on the main structure. Screened mechanical equipment shall not be
located in the front side yard, but may be located at the side or rear yard.
D. Trash and recycling storage areas shall be designed internal to the
principal building and shall not be allowed in an external fenced
structure. Trash and recycling storage area doors shall not be located on
the primary front elevation of building^ the front yard, but may be
located at the side or rear yard.
E. Loading areas and docks shall be limited to the rear of the principal
building and shall not be visible from the street. These areas shall be
screened from adjacent residential areas by fencing, walls, or
landscaping. Screening shall block views from public right -of -way or
adjacent uses and shall be equally effective in winter and summer.
Subd. 12. Landscaping.
A. All land area not occupied by buildings, parking, driveways, sidewalks or
other hard surfaces shall be sodded or mulched and landscaped with
approved ground cover, flowers, shrubbery and trees.
B. The periphery of all parking lots shall be well landscaped and screened
from the public right -of -way. If a parking lot exists along the primary
right -of -way it must contain a landscaped edge at a minimum of 2 1/2 feet
and a maximum of 3 1/z feet in height that contains a landscape hedge,
railing, a decorative fence, decorative street wall or a combination of
these elements.
C. At least ten percent (10 %) of the total land area within private parking
and driveway areas shall be landscaped. Exception: Does not apply when
parking area is less than 25 parking stalls.
D. One shade tree shall be provided per 1,000 square feet of the area for
vehicular parking and parking aisles.
E. Existing trees shall be maintained and preserved to the extent possible.
F. Landscaping shall include a full complement of over - story, ornamental
and evergreen trees, shrubbery and ground covers which are hardy and
appropriate for the locations in which they are planted and provide year-
long color and interest.
Subd. 13. Building Design Standards.
Section 1040 (District Regulations) Page 106
June 23, 2011
A. Architectural style shall not be restricted. Evaluation of a project shall be
based on the quality of its design and on its relationship to its
surroundings, guided by the provisions in this section and the Design
Guidelines in Appendix A.
B. The architectural appearance, including building character, permanence,
massing, composition, and scale of all principal buildings shall comply
with the Design Guidelines in Appendix A.
C. The main entrance shall face the primary street with secondary entrances
to the side or rear. In the case of a corner building or a building abutting
more than one street, the City will determine which street should be
considered primary.
D. All sides of buildings shall have an equal appearance in terms of materials
and general design.
E. Building Frontage. At least 60% of the primary street linear frontage of
each lot shall be occupied by a building at the required build -to line.
Other portions of a building beyond the sixty percent (60 %) may be set
back farther than required by the build -to line. In addition, on corner
lots, a minimum of the first 50 feet of the lot frontage on either side of a
street intersection must be occupied by buildings set at the build to line.
Parking or other space open to the sky is not allowed within this first 50
feet.
F. On corner lots the building shall be located to meet the 60% street
frontage requirement on both streets.
G. The build -to line may be met either with an enclosed building or an
arcade constructed with a permanent roof of the same materials as the
remainder of the building.
H. Windows. At least 40% of the wall surface at the street side of the first
story shall consist of clear windows and doors that allow a view into the
working areas, lobbies or display areas.
I. Roofs. Building facades that exceed 100 feet in length measured along the
street frontage shall have variations in roofline or rooftop parapet.
Rooftop equipment shall be concealed behind parapets or screened from
the view of pedestrians. Sloping roofs with a vertical rise that exceeds the
average height of supporting walls are not allowed.
J. Elements. All buildings shall include the following elements:
1. Accent materials shall be wrapped around all walls;
Section 1040 (District Regulations) Page 107
June 23, 2011
2. Complementary major material colors;
3. A combination of vertical and horizontal pattern designs in the
building facade.
K. Facade Articulation. Any exterior building wall adjacent to or visible
from a public street, public open space, or abutting property may not
exceed forth feet (40') in length without significant visual relief consisting
of one or more of the following:
1. The facade shall be divided architecturally by means of significantly
different materials or textures, or
2. Horizontal offsets of at least four feet (4') in depth, or
3. Vertical offsets in the roofline of at least four feet (4'),
4. Fenestration at the first floor level which is recessed horizontally at
least one foot (1') into the facade.
L. Acceptable materials. Exterior building materials shall be classified
either primary, secondary, or accent materials. Primary materials shall
cover at least sixty percent (60 %) of the facade of a building. Secondary
materials may cover no more than thirty percent (30 %) of the facade.
Accent materials may include door and window frames, lintels, cornices,
and other minor elements, and may cover no more than ten percent
(10 %) of the facade. Allowable materials are as follows:
1. Primary exterior building materials may be brick, stone (natural or
cultured) EIFS, stucco, architectural precast concrete or glass. Bronze
tinted or mirror glass are prohibited as exterior materials in the
Downtown Mixed Use district.
2. Secondary exterior building materials may be any of the primary
building materials above or decorative block, integrally colored
stucco, or fiber cement siding (color impregnated or painted) in
vertical panel design only with hidden seams.
3. Synthetic stucco (EIFS) may be permitted as a secondary material on
upper floors only.
4. Accent materials may be wood, metal or fiber cement when used in
trim, fascia or soffit if appropriately integrated into the overall
building design and not situated in areas which will be subject to
physical or environmental damage.
Section 1040 (District Regulations) Page 108
June 23, 2011
Subd. 14.
5. All primary and secondary materials shall be integrally colored.,
except where otherwise stated.
6. Decorative block shall be colored only by means of a pigment integral
to the block material, not applied to the surface.
7. Sheet metal, corrugated metal, asbestos, iron, shakes, plain flat
concrete block (whether painted or integrally colored or not) are not
acceptable as exterior wall materials on buildings within the CBD
district.
Area Requirements. The following minimum requirements shall be met in
the DMU district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
20,000 sq. ft.
Minimum lot width
NA
Minimum lot depth
NA
Structure build to lines:
From County Road 116
100 feet (minimum)
Front, From all other streets
15 feet (maximum}
Side
None
Rear
None
Adjacent to Residential
10 feet (minimum)
Section 1040 (District Regulations) Page 109
June 23, 2011
1040.135 - General Mixed Use (GMU) District
Subd. 1.
Purpose. The purpose of the General Mixed Use District (GMU) is to provide
an area for compact, inter - connected, walkable, mixed -use development
along key community corridors and to support high quality development and
site flexibility due to the unique site conditions in these areas. 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. A combination of
retail, office, service and residential uses are encouraged although not
required. Buildings may also be entirely one use. The placement of the
building and the relationship of the building, parking, landscaping, and
pedestrian spaces is essential to creating the pedestrian- friendly
environment envisioned for the GMU District. The standards in this section
are reinforced within the Design Guidelines contained in Appendix A. New
development within this district will be allowed only when a full range of
municipal services and facilities are available to serve the area.
The character of the General Mixed Use District shall reflect high quality
design due to the high visibility of these areas at the gateway to the City at
County 30. Although development in this mixed -use district will be more
auto - oriented in design than the Downtown Mixed Use District, pedestrian
connections and amenities will still be required to provide connections to
existing and future planned areas, sidewalks and trails and to provide for
safe pedestrian circulation within the site. Landscaping, and architectural
details shall be used to unify sites within the General Mixed Use District.
Subd. 2. Permitted Uses.
A. Bakery, retail
B. Banks, savings and loans, credit unions and other financial institutions
without drive - through.
C. Barbers, Beauty Shops and similar personal service uses.
D. Copy /print shop
E. Day Care Facilities, state licensed, as defined by statute.
F. Dry cleaning and laundry pick up, incidental pressing and repair without
dry cleaning processing.
G. Dwelling, Multiple Family with a minimum density of 10 units per net
acre, which may include units combining living and working space within
the unit, if all units on the same floor of a building are the same.
Section 1040 (District Regulations) Page 110
June 23, 2011
H. Hotel, inns and bed and breakfast establishments
I. Offices, medical and professional.
J. Public buildings.
K. Retail goods and service uses of a similar nature within a fully enclosed
building (without drive - through).
L. Restaurants and cafes (without drive - through).
M. Taverns
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
B. Accessory uses incidental and customary to uses allowed in this Section.
Subd. 4.
C. Subject to the applicable provisions of this chapter, the following
permitted accessory uses in the General Mixed Use District are allowed
only when it is an accessory to an existing principal permitted use on the
same lot:
1. Day Care Facilities, county licensed, 12 or fewer individuals.
2. Outdoor seating accessory to a restaurant ;
3. Public open space plaza, square or other related uses.,
4. Structured parking;
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Assisted living facility
B. Drive - through businesses, subject to the standards outlined in Section
1060.060. Subd. 12.
C. Health clubs and fitness centers
D. Funeral Homes and Mortuaries.
E. Motor fuel stations
Section 1040 (District Regulations) Page 111
June 23, 2011
Subd. 5.
F. Museum
G. Nursing Home
H. Place of assembly
I. Schools, Private
J. Theatre
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Farmers Market
B. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
A. Essential Services, as allowed by Section 1030.090.
B. Seasonal Outdoor Retail Sales.
1. Seasonal outdoor retail sales shall not exceed a combined total of 120
days in any 12 -month period. Outdoor retail sales shall not occupy an
area exceeding 10 percent of a lot's area. and shall meet all yard
setback requirements.
2. Where seasonal outdoor retail sales are conducted in a parking lot,
they shall be confined to a defined area, and not be allowed to
obstruct access of emergency vehicles or pose a traffic safety problem.
Temporary fencing or other suitable mechanisms shall be used to
delineate the sales area and provide for pedestrian safety.
3. Where tents, temporary green houses, or similar structures are used
to store, and /or display merchandise, they shall be anchored to
provide a wind -load resistance of 40 miles per hour.
C. Towers and Antennas (freestanding) as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Subd. 7. Site Design.
Section 1040 (District Regulations) Page 112
June 23, 2011
A. Structures shall be oriented and consolidated to complement existing,
adjacent development to create a coordinated and visually attractive
mixed use setting throughout the district.
B. Site planning shall respect the relationship of the site to the existing and
proposed buildings and streets and major roadways.
C. Commercial parking lot design shall include provisions for cross
easements and stubbed access drives to the property line for the use of
adjacent properties so that residents and customers do not need to return
to the public street system to access adjacent developments.
D. Buildings shall have a clearly defined primary pedestrian entrance at
street level.
E. Wherever a surface parking area faces a street frontage, such frontage
shall be screened with a decorative wall, railing, hedge, or a combination
of these elements to a minimum height of 2 1/2 feet and a maximum height
of 3 1/2 feet above the level of the parking lot at the build to line.
F. Drive - through or drive -in lanes are not allowed within the front of any
buildings. They must be located to the side or rear of a building.
G. Maximum impervious coverage. The total lot coverage shall not exceed
80% impervious.
Subd. 8. Parking Requirements
Subd. 9.
A. At least 50% of the required parking for residential units in the GMU
district shall be provided in structured parking or in enclosed garages.
The residential parking spaces shall be specifically reserved for the use of
residents and visitors only, separate from any commercial , office or other
uses on -site or nearby and shall not be counted as part of any shared
parking or joint parking arrangement.
B. Parking for non - residential uses shall meet with requirements in Section
1060.060 but may include reductions for shared parking arrangements, if
appropriate, as determined by the City Council. Any shared parking
arrangements must be fully connected and in reasonable proximity to
each use.
Building Design Requirements. To maintain the character of the GMU
District, any construction is subject to the following standards to reflect the
character of the District. The design standards are explained in further detail
and illustrated in the City Design Guidelines in Appendix A.
Section 1040 (District Regulations) Page 113
June 23, 2011
A. All new building fronts (single story or multi - story) shall include a
minimum of four (4) of the following elements:
1. Architectural detailing, such as cornice, awning, parapet, or columns;
2. A visually pleasing primary front entrance that, in addition to doors,
shall be accented a minimum of one hundred fifty (150) square feet
around the door entrance for single occupancy buildings and a
minimum of three hundred (300) square feet total for the front of
multi- tenant buildings (this area shall be counted as one element).
Entrances shall be clearly articulated and obvious from the street;
3. A minimum of thirty (30) percent window coverage on each front that
faces a street;
4. Contrasting, yet complementary material colors;
5. A combination of horizontal and vertical design features;
6. Irregular building shapes;
7. Other architectural features in the overall architectural concept.
B. Multi -story buildings shall have the ground floor distinguished from the
upper floors by having one or more the following:
1. Awning
2. Trellis
3. Arcade
4. Window lintels
5. Intermediate cornice line
6. Brick detailing such as quoins or corbels
C. Residential Uses on First Floors: Whenever residential uses are included
on the first floor of a building the first floor elevation shall be raised
above the sidewalk elevations immediately adjacent to the front of the
residential unit to ensure the residential unit is separated from the public
space. In addition, each first floor unit must have an individual private
entrance at the street level with private courtyard enclosure.
Section 1040 (District Regulations) Page 114
June 23, 2011
D. Facade Articulation. Any exterior building wall adjacent to or visible
from a public street, public open space, or abutting property may not
exceed forty feet (40') in length without significant visual relief consisting
of one or more of the following:
1. The facade shall be divided architecturally by means of significantly
different materials or textures, or
2. Horizontal offsets of at least four feet (4') in depth, or
3. Vertical offsets in the roofline of at least four feet (4'),
4. Fenestration at the first floor level which is recessed horizontally at
least one foot (1') into the facade.
E. Accent Materials: Accent materials shall be wrapped around walls.
Accent material shall consist of materials comparable in grade and quality
to the primary exterior material. Such materials may include glass,
prefinished decorative metal and fiber cement trim within soffit and
fascia areas.
F. Major exterior materials of all walls including face brick, stone (natural or
cultured), glass, stucco, synthetic stucco (EIFS), fiber cement vertical
panel siding, architectural concrete and precast panels shall be acceptable
as the major exterior wall surface when they are incorporated into an
overall design of the building. Major materials must cover at least 60% of
the exterior.
G. Restricted Exterior Materials: Unadorned pre- stressed concrete panels,
whether smooth or raked, non - decorative concrete block, sheet metal,
unfinished metal and /or galvanized and unfinished aluminum surfaces
(walls or roofs) shall not be used as exterior materials. This restriction
shall apply to all principal structures and to all accessory buildings except
those accessory buildings not visible from any property line. No more
than twenty five percent (25 %) of any exterior wall on a building shall be
fiber cement siding, wood or metal accent material.
H. Building Roofs. Mansard or mansard style roofs are not permitted except
for mansard style cornices. Acceptable designs include flat, pitched or
curved. Building roof styling shall incorporate a minimum of one (1) of
the following elements:
1. Parapets or cornices:
2. Varying building height and variety of roof lines.
Section 1040 (District Regulations) Page 115
June 23, 2011
Subd. 10. Screening
A. Rooftop mechanical equipment. The view of all rooftop equipment and
related piping, ducting, electrical and mechanical utilities abutting a
street on buildings shall be screened from the ground level view.
Screening may include parapet walls, penthouses, or other architecturally
integrated elements. Wood fencing or chain link with slats shall not be
used for screening. A cross - sectional drawing shall be provided that
illustrates the sight lines from the ground level view.
B. Screening adjoining residential use. Wherever a GMU District abuts, or is
across the street from an Residential District, a berm, fence or screening
consisting of compact evergreen trees or hedge or a combination thereof,
not less than eighty percent (80 %) opaque at time of installation, nor less
than six feet (6') in height, except adjacent to a street where it shall be not
less than three feet (3') nor more than four feet (4') in height shall be
erected or installed and maintained. All screening shall comply with this
Chapter.
C. Ground Mechanical Equipment. Ground mechanical equipment shall be
one hundred percent (100 %) screened from contiguous properties and
adjacent streets by opaque landscaping, or screen wall compatible with
the architectural treatment of the principal structure.
D. Trash enclosure service structure: All exterior trash enclosures or other
accessory structures shall be constructed of the same materials and
colors as the principal building.
Subd. 11. Exterior storage.
A. All exterior storage of material and equipment related to, located on, and
used by any business or other nonresidential use shall be stored within a
building or fully screened so as not to be visible from streets, highways,
or neighboring property.
Subd. 12. Landscape Design.
A. In addition to the landscape requirements in Section 1030.16 of this
Chapter, plant materials shall be used to create a unified and attractive
mixed use environment.
B. Planting areas should be located and designed to avoid visual
interference with public signage and private commercial communication.
C. Plant materials shall be arranged to provide focal points on the site, and
concentrated to signify key site locations such as the primary building
Section 1040 (District Regulations) Page 116
June 23, 2011
Subd. 13.
entrance, site entrance, around signage, along pedestrian walkways, and
along the perimeter of the building.
Area Requirements. The following minimum requirements shall be met in
the GMU district. Properties may be subject to special requirements for
overlay districts as noted in Section 1050 (Overlay Districts):
Minimum lot area
25,000 square feet
Minimum lot width
150 feet
Minimum lot depth
NA
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
25 feet
Side
None
Rear
None
Adjacent to Residential
35 feet
Maximum Building Height
35 feet at the minimum setbacks but
may be increased up to a maximum of 50
feet with increased setbacks at a rate of
1 foot additional height for every 5 feet
in additional setback.
Maximum Impervious Surface Coverage
80%
Section 1040 (District Regulations) Page 117
June 23, 2011
1
1040.120 140 - PUD (Planned Unit Development)
Subd. 1.
Purpose. The purpose of the PUD, Planned Unit Development District, is to
promote creative and efficient use of land by providing design flexibility in
the development of residential neighborhoods and /or nonresidential areas
that would not be possible under a conventional zoning district. The decision
to zone property to PUD is a public policy decision for the City Council to
make in its legislative capacity.
Subd. 2. Intent. The intent of this district is to:
Subd. 3.
Subd. 4.
PA. Provide for the establishment of PUD districts in appropriate settings
and situations to create or maintain a development pattern that is
consistent with the City's Comprehensive Plan.
B. Allow for the mixing of land uses within a development when such
mixing of land uses could not otherwise be accomplished under the
existing zoning and subdivision regulations.
lC. Provide for variations to the strict application of the land use
regulations to improve site design and operation, while at the same time
incorporating design elements, e.g. construction materials, landscaping,
lighting, etc., that exceed the City's standards to offset the effect of any
variations.
QD. Promote more creative and efficient approach to land use within the
City, while at the same time protecting and promoting the health, safety,
comfort, aesthetics, economic viability, and general welfare of the City.
fhE. Preserve and enhance natural features and open spaces.
hF. Maintain or improve the efficiency of public streets and utilities.
J:G. Ensure appropriate transitions between differing land uses.
Application. A PUD district shall not be established for parcels guided in the
Comprehensive Plan for Rural /Ag Residential and Rural Service /Commercial,
except where allowed for an Open Space Preservation Plat. It will be used in
areas guided Mixed Use or Mixed Residential9 on the Land Use Plan and
in other areas where the City finds that the proposal meets the intent of this
district.
Allowed Uses. All permitted uses, permitted accessory uses, conditional uses,
and interim uses contained in the underlying zoning districts shall be treated
as potentially allowable uses within a PUD district.
Section 1040 (District Regulations) Page 118
June 23, 2011
1
Subd. 5.
Lot Dimensions, Setbacks and Building Heights. The various lot width, lot
sizcarea, setback and height regulations of the underlying zoning district
shall be considered presumptively appropriate, but may be departed from to
accomplish the purposes described in this section.
Subd. 6. Processing Procedures. The general sequence for application, review and
action on a PUD shall be according to the following procedures:
tA. Pre - application Conference
Prior to filing of an application or submittal of a sketch plan the applicant
shall arrange for and attend a conference with the Zoning Administrator. The
primary purpose of the conference shall be to provide the applicant with an
opportunity to gather information and obtain guidance as to the general
suitability of the proposal for the area and its conformity to the provisions of
this district prior to incurring substantial expenditures in the preparation of
plans, surveys, and other data.
IB. PUD Sketch Plan
Prior to filing a preliminary PUD development plan application, the applicant
shall submit a sketch plan of the project to the Zoning Administrator for
approval in principal prior to submission of a formal application. The
purpose of the sketch plan is to inform the City of the applicant's intentions
and to inform the applicant as to the general acceptability of the proposal
before extensive costs are incurred. The PUD Sketch Plan shall contain at a
minimum the following:
1. Location map showing the location within the City and more detailed
locations on half - section plat maps showing all perimeter property
lines.
2. Aerial photograph of the area.
3. All identified natural resources and wetland inventories on and
abutting the premise.
4. General location of existing and proposed structures.
5. Tentative access, circulation and street arrangements, both public and
private.
6. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
7. General location of parking areas.
Section 1040 (District Regulations) Page 119
June 23, 2011
8. A general statement of concept, identifying the intent of the project
and compatibility with the surrounding area.
9. A representative example of the style of structures to be constructed.
10. Any other items as may be deemed necessary by City staff.
The Zoning Administrator shall refer the sketch plan to the Planning
Commission and City Council for discussion, review and informal comment.
Any opinions or comments provided to the applicant shall be considered
advisory only and shall not constitute a binding decision on the request.
�C.Preliminary PUD Development Plan
The purpose of the preliminary PUD development plan is to establish the
intent, density, and intensity of the proposed development. Upon receipt of
the complete application for rezoning to PUD and the preliminary PUD
development plan, the item shall be scheduled for a public hearing at the
Planning Commission. The Planning Commission shall conduct a public
hearing in accordance with the provisions of the City's Code. Upon due
consideration, the Planning Commission shall make a recommendation to the
City Council.
Following the Planning Commission recommendation, the City Council shall
consider the rezoning request and preliminary PUD development plan. At
this meeting the City Council shall receive the recommendation from the
Planning Commission and a report from the City Staff. Upon due
consideration the City Council shall approve, disapprove, or approve with
specified modifications and /or conditions by majority vote.
If a preliminary development plan has been denied by the City Council, the
owner or applicant may not reapply for the same or similar on the same
property for a six (6) month period following the date of the denial.
dD. Final PUD Development Plan
The applicant shall submit a final PUD development plan to the City. The
Planning Commission shall review the final plan in accordance with the
provisions of this section. The Planning Commission shall review the
application to ensure that the proposed final PUD development plan is in
substantial conformance with the approved preliminary PUD development
plan. Upon due consideration the Planning Commission shall make their
recommendation to the City Council.
Section 1040 (District Regulations) Page 120
June 23, 2011
Subd. 7.
Following the Planning Commission recommendation, the City Council shall
consider the final development plan. Upon due consideration the City
Council shall approve, disapprove, or approve with specified modifications
and /or conditions by majority vote.
If the applicant desires, and the City Council concurs, the preliminary and
final development plans may be processed concurrently, provided all items
required for both applications are submitted.
The rezoning of the property defined in the development plan shall not
become effective until such time as the City Council approves an ordinance
reflecting said amendment, which shall take place at the time that the City
Council approves the final development plan.
Required Findings. The Planning Commission and the City Council shall find
the following prior to the approval of a preliminary development plan or
final development plan:
4,A. The planned development is not in conflict with the Comprehensive
Plan.
2,B. The planned development is not in conflict with the intent of the
underlying zoning district.
3,C. The planned development is not in conflict with other applicable
provisions of the City's zoning ordinance.
4:D. The planned development or unit thereof is of sufficient size,
composition, and arrangement that its construction, marketing, and /or
operation is feasible as a complete unit without dependence upon any
other subsequent unit or phase.
5,E. The planned development will not create an excessive burden on
parks, schools, streets and other public facilities and utilities which serve
or are proposed to serve the planned development.
&F. The planned development will not have an undue and adverse impact
on the reasonable enjoyment of the neighborhood property.
7,G. The quality of the building and site design proposed by the PUD plan
shall substantially enhance the aesthetics of the site, shall demonstrate
higher standards, more efficient and effective uses of streets, utilities and
public facilities, it shall maintain and enhance any natural resources
within the development, and create a public benefit that is greater than
what would be achieved through the strict application of the primary
zoning regulations.
Section 1040 (District Regulations) Page 121
June 23, 2011
Subd. 8.
Preliminary Development Plan Content. The intent of the preliminary
development plan is to allow city review of site plan and general
development issues, without the need for detailed architectural plans. The
applicant shall submit preliminary development plans which include the
following:
A. A location map which indicates existing and future land uses.
B. Maps of existing and proposed site features and uses at a minimum scale
of 1" = 100' scale which indicates topography in two -foot contours;
building outlines; location of significant vegetation; water bodies and
wetlands; location of streets, drives and parking areas; and other
significant features.
C. A site plan showing all proposed structure and building locations
including signs. Plans shall note structure height, general architectural
design features and anticipated exterior materials.
D. A preliminary circulation plan indicating pedestrian and vehicular
movement systems. This plan shall also include service access and
screening for receiving material and trash removal.
E. Preliminary drainage, grading, utility and erosion control plans.
F. A concept landscaping plan illustrating preservation of existing
vegetation, and new landscaping and buffer areas.
G. A written report which describes the proposed uses, indicates covenants
or agreements which will influence the use and maintenance of the
proposed development, describes the analysis of site conditions and
development objectives which has resulted in the planned development
proposal, and statement of which primary zoning district provisions are
being modified by the planned development.
H. A shift of density or intensity of the plan, if applicable. For example, a ten -
acre site with seven acres of "Commercial" guiding and three acres of
"Medium DensityUrban Residential" guiding could be developed with 70
percent of the land area commercial and 30 percent of the land area at
the Medium Residentialurban residential density identified in the
Comprehensive Plan. This type of shift would only be allowed as part of a
PUD and the location of uses within the site would be determined as part
of the PUD process. This implementation technique would not require an
amendment to the Land Use Guide Plan Map.
Section 1040 (District Regulations) Page 122
June 23, 2011
Subd. 9.
I. Any other information deemed necessary by the City Staff in order to
evaluate plans.
J. Twenty copies of the above information shall be submitted no larger than
11 x 17 inches.
K. Five copies of the above information shall be submitted on 24 x 36 inch
sheets.
L. For City initiated rezonings to Planned Unit Development District, the
preliminary development plan may consist of any information deemed
necessary to identify and protect the public interest.
Final Development Plan Content. The final development plan shall include all
of the information required for submission of the preliminary development
plan plus architectural plans, detailed site, landscaping, grading and utility
plans and all additional information which was requested by the planning
commission as a result of its review of the preliminary plan. The final plan
shall incorporate all recommendations of the planning commission and city
council, or shall indicate how the final plan fails to incorporate the
commission's recommendations. The final plan shall also include and reflect
all changes in preliminary plan data since the submission of the preliminary
plan. The applicant shall submit final development plans which include the
following information:
A. A location map which indicates existing and future land uses.
&B. Maps of existing and proposed site features and uses at a minimum
scale of 1" =100' scale which indicate topography in two -foot contours;
building outlines; location of significant vegetation; location of streets,
drives and parking areas; and other significant features.
PC. Detailed drawings of all proposed structure elevations, including
scaled elevations and exterior building materials of all buildings and
signs. Samples of all proposed materials which will be used on the
exterior of structures may be required with the elevation drawings.
- D. Proposed floor plans for all floor levels of multi - family and non-
residential buildings, including locations of electrical, mechanical and gas
metering equipment, and storage areas for trash and recyclable materials.
-RE. A landscape plan indicating tree, shrub and ground cover species, size,
provisions for plant material watering.
Section 1040 (District Regulations) Page 123
June 23, 2011
€F. A final circulation plan indicating pedestrian and vehicular movement
systems. This plan shall also include service access for receiving and
trash /recycling removal.
IG.A lighting plan showing foot - candle levels, luminaire location, fixture
type and height.
1,H. Rooftop equipment and screening plan and elevation drawings of rooftop
equipment and screening of views from adjacent streets and property.
J:I_A final drainage, grading, utility, and erosion and sedimentation control
plan. Such plans shall comply with the requirements of this ordinance.
I4J_Identification and delineation of all wetlands on the site including
preservation and filling and mitigation.
L.K. A written report which completely describes the proposal and
indicates covenants or agreements which will influence the use and
maintenance of the proposed development, describes the analysis of site
conditions and development objectives which has resulted in the planned
development proposal, describes any changes from the approved
preliminary development plan, and statement of which primary zoning
district provisions are being modified by the planned development.
M.L. A shift of density or intensity of the plan, if applicable. For example, a
ten -acre site with seven acres of "Commercial" guiding and three acres of
"Urban Residential" guiding could be developed with 70 percent of the
land area commercial and 30 percent of the land area at the urban
residential density identified in the Comprehensive Plan. This type of
shift would only be allowed as part of a PUD and the location of uses
within the site would be determined as part of the PUD process. This
implementation technique would not require an amendment to the Land
Use Guide Plan Map.
iM. Any other information deemed necessary by the City Staff in order to
evaluate plans.
0,N. Twenty copies of the above information shall be submitted no larger
than 11 x 17 inches.
1? 0. Five copies of the above information shall be submitted on 24 x 36
inch sheets.
Subd. 10. Performance Guarantees
Section 1040 (District Regulations) Page 124
June 23, 2011
Subd. 11.
A. The City Council shall require the owner and developer of a PUD to
execute a development agreement which may include, but not be limited
to, the approved development plan, conditions of approval, association
and maintenance agreements, and a time table for construction.
B. The City Council shall require an applicant for PUD
rezoning /development plan to post a performance bond or irrevocable
letter of credit with the City Clerk to insure that the development will be
executed in performance with the approved final PUD development plan.
C. The City Council is empowered to require that all required improvements
be constructed and completed prior to the issuance of any occupancy
permits.
D. Construction of each PUD development shall be commenced within one
year after the effective date of the PUD rezoning by the City Council.
Upon good cause shown, the City Council may extend the time for one
additional year. If construction is not commenced within these time
periods, any building permits issued for the PUD shall be void and the
Planning Commission may initiate proceeding to rezone the subject
property.
E. Any building permit issued for construction pursuant to PUD rezoning
shall be valid only so long as there is compliance with the final
development plan as accepted by the City Council.
Changes To Final Development Plans. Minor changes to final development
plans adopted by the city council may be approved by the city administrator,
provided that the changes do not involve the following:
A. Increase in floor area of structures or number of dwelling units.
B. Change in exterior building material.
C. Alteration of any condition attached or modification to the final
development plan made by the City Council.
D. A major change to a final development plan which is at variance with any
standards of the City Code or is less restrictive than any conditions of
approval for the initial final development plan, shall require approval by a
majority vote of all members of the City Council.
(Ord. 221, passcd 10 27 O5)
Section 1040 (District Regulations) Page 125
June 23, 2011
1040.130 140 - PI (Public /Institutional)
Subd. 1.
Purpose. The purpose of the PI district is to provide a zoning district
specifically for uses oriented to the general public and semi - public uses. This
district is unique in that it generally provides services to the public rather
than a sale of goods. Uses within this district will generally be compatible
with adjacent uses and will have access from an arterial or collector road.
New development within this district will be allowed only when a full range
of municipal services and facilities are available to serve the area.
Subd. 2. Permitted Uses.
a,A. Civic Buildings, such as City Hall, libraries, fire stations, etc.
hB. Day Care Facilities, state licensed, as defined by statute.
�C.Educational facilities, K -12.
#D. Government and public utilities buildings and structures.
e:E.Parks, playgrounds, trails, other recreational facilities of a non-
commercial nature and directly related buildings and structures.
f,F. Places of WorshipPlaces of Worship /Assembly.
Subd. 3. Accessory Uses.
A. Accessory structures as regulated by Section 1030.020 of this chapter.
4B. Accessory uses incidental and customary to uses allowed in this
Section.
lC. Play and recreational facilities, including swimming pools and tennis
courts, for use of the property owner and guests.
Subd. 4.
Conditional Uses. The following are conditional uses, subject to the
conditions outlined in Section 1070.020 of this ordinance and the specific
standards and criteria that may be cited for a specific use:
A. Cemeteries and Memorial Gardens.
B. Community Centers.
C. Day Care, Commercial, accessory to permitted uses in this district.
D. Funeral Homes and Mortuaries.
Section 1040 (District Regulations) Page 126
June 23, 2011
Subd. 5.
E. Golf Courses and other outdoor recreational facilities of a commercial
nature.
F. Hospitals, nursing home and similar care facilities.
G Offices, medical and professional.
&H. Towers and Antennas (freestanding) as regulated by Section
1060.100 (Telecommunications Services) of the Zoning Ordinance.
I4,I.Trade Schools, Seminaries and other Higher Education Facilities
Interim Uses. The following are interim uses, subject to the conditions
outlined in Section 1070.030 of this ordinance and the specific standards and
criteria that may be cited for a specific use:
A. Temporary structures, subject to the standards in Section 1030.040
(Temporary Structures) of the Zoning Ordinance.
Subd. 6. Uses by Administrative Permit.
Subd. 7.
BA. Accessory buildings and structures for a use accessory to the principal
commercial or business use provided such structure does not exceed 30
percent of the gross floor space of the principal use.
&B. Essential Services, as allowed by Section 1030.090.
DC. Towers and Antennas as regulated by Section 1060.100
(Telecommunications Services) of the Zoning Ordinance, only when co-
located.
Area Requirements. The following minimum requirements shall be met in
the PI district. Properties may be subject to special requirements for overlay
districts as noted in Section 1050 (Overlay Districts):
Minimum lot area:
10 acres
Minimum lot width
200 feet
Minimum lot depth
200 feet
Structure Setbacks:
From Arterial Streets
100 feet
Front, From all other streets
50 feet
Side
50 feet
Rear
50 feet
Maximum Building Height
45 feet
Section 1040 (District Regulations)
June 23, 2011
Page 127
Maximum Impervious Surface Coverage
70%
(Ord. 200, passed 07 22 09)
Section 1040 (District Regulations) Page 128
June 23, 2011
SECTION 1050 - OVERLAY DISTRICTS
1050.010 - Wetland Overlay District
Subd. 1. Findings, Intent and Incorporation by Reference.
4,A. The City has determined that wetlands serve to maintain water
quality by filtering water that is discharged into ground water aquifers
and by retaining inorganic sediments, toxicants and nutrients. They also
retain and reduce the discharge of phosphorus and transform nutrients
from their inorganic to organic forms, thereby protecting streams and
water bodies from eutrophication and contamination. Wetlands also
store runoff and reduce the velocity and magnitude of flood peaks.
2,B. Wetland vegetation also prevents the erosion of shoreline areas.
Wetland vegetation provides food, shelter, and important habitat for
wildlife. All of these wetland characteristics provide valuable recreation
and education resources.
3,C. The City has also found that wetlands vary significantly in the degree
that they have been altered. Wetlands within the City exhibit great
variations in their floral diversity, quality of wildlife and fishery habitat,
degree of fluctuation in response to storms, the extent to which their
shorelines have been altered or eroded, and their relative value in
protecting water quality. Therefore, the City has found it necessary and
beneficial to classify wetlands based upon their functions and values. The
City has also found that it is in the best interest of the general health and
welfare of the City to achieve no net loss of wetlands within the
community.
4.D. The City recognizes that a substantial amount of wetland degradation
results from sedimentation and nutrient loading related to construction
projects. Therefore, the City finds it necessary to require extraordinary
measures to prevent such construction related degradation.
&E. In addition to having regulations that affect the physical impacts
within wetland areas the City also finds that it is necessary to regulate the
use of lands surrounding wetlands. Buffer strips are necessary and
beneficial to maintaining the health of wetlands. These strips of land
surrounding wetlands protect their shorelines from erosion, while
serving to filter sediment, chemicals and other nutrients before the storm
water discharges into the wetland. Buffer strips are also beneficial in
providing habitat for wildlife.
&F. This section hereby incorporates by reference the Wetlands
Conservation Act of 1991 [Minn. Stat. 103G.221 et seq. (hereinafter
Section 1050 (Overlay Districts) Page 1
June 23, 2011
referred to as the WCA)] and any future amendments adopted by the
legislature. All wetlands, as defined in Section 1020.020 of this Chapter,
including those governed by the Department of Natural Resources, are
covered by the other provisions of this Chapter. Also, there are
circumstances under which the strict enforcement of these regulations
may be unreasonable and in circumstances that meet the criteria
established in Subd. 5 of this chapter, departures from the strict
application of these standards may be permitted.
7,G. It is the intent of this Chapter to avoid the alteration and destruction
of wetlands. When wetlands are altered or destroyed, the mitigation
must be provided to recreate the functions and values of the wetland.
Subd. 2. Purpose and Implementation.
4:A. Through the adoption and enforcement of this section, the City shall
promote the general health, safety, and welfare of its residents by both
conserving and protecting wetlands and requiring sound management
practices and mitigation as provided for in the WCA when development
occurs in the vicinity of wetlands. Through the implementation of this
section, the City seeks to accomplish the following purposes:
41. To satisfy the requirements of the WCA as it may be amended
and, thereby achieve no net loss of wetlands within the City;
13,2. To balance the needs to preserve and protect natural resources
and systems with both the rights of private property owners and the
need to support the efficient use of developable land within the City;
Q3. To preserve the natural character of the landscape through the
maintenance of wetland ecosystems;
P4. To promote water quality by maintaining the ability of
wetlands to recharge ground water and receive the discharge of
ground water, to retain sediment and toxicants and filter nutrients
from surface water runoff before it discharges into community lakes
and streams, thus avoiding the contamination and eutrophication of
these water features; and
15. To provide wildlife habitat and thereby support the
maintenance of diversity of both plant and animal species within the
City.
2,13. To accomplish these purposes, the City:
Section 1050 (Overlay Districts) Page 2
June 23, 2011
1. Has conducted an inventory of wetlands and other natural areas
within the City;
2. Has developed a system of classification for wetlands within the City
and classified the City's wetlands based upon their relative values
related to floral diversity, wildlife habitat, water quality protection,
fishery habitat, flood storage, shoreline protection, and aesthetic,
recreational and educational benefits using the Minnesota Rapid
Assessment (MNRAM) methodology;
3. Has prepared and maintains a comprehensive set of official maps
identifying the location and classification of wetlands inventoried in
the Natural Resources Inventory;
4. Has established wetland regulations that are coordinated with flood
plain and shoreland protection regulations;
5. Requires sound management practices to protect, conserve, maintain,
enhance, and improve the quality of wetlands within the community;
6. Enforces standards for the alteration of wetlands when alteration is
allowed, including standards and procedures for the mitigation of the
loss of wetland areas and their functions and values, when alteration
or destruction occurs;
7. Obtains protective easements over or acquires fee title to wetlands as
appropriate;
8. Educates the public about the numerous benefits and features that
wetland provide and the adverse effects of improperly managed
development on wetlands.
Subd. 3. General Provisions.
i- A.Identification and Delineation of Wetlands
41. This section shall apply to all land containing wetlands and
land within the setback and buffer areas required by this section.
Wetlands shall be subject to the requirements established herein, as
well as restrictions and requirements established by other applicable
Federal, State, and City ordinances and regulations. These wetland
protection regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the wetland is
located.
Section 1050 (Overlay Districts) Page 3
June 23, 2011
8,2. A wetland is land that meets the definition of "wetlands" set
forth in Section 1020.020. The classification of a wetland shown on
the officially adopted City map will be prima facie evidence of the
classification of a wetland.
Q3. The presence or absence of a wetland on the official maps does
not represent a definitive determination as to whether a wetland
covered by this section is or is not present. Wetlands that are
identified during site specific delineation activities but do not appear
on the official wetland maps are still subject to the provisions of the
section. Areas that appear on the official wetland maps as wetlands
that are not identified as wetlands during site specific delineation
activities are not subject to the provisions of this section.
1}4. It will be the responsibility of an applicant for required City
approvals or permits to delineate the exact wetland boundary or to
determine that no wetland exists on a subject property. All
delineations must be reviewed and approved by the City or its
delegated authority.
15. If an applicant questions whether a wetland exists or disputes
its classification on the official map, the applicant shall have the
burden to supply detailed information for review supporting the
applicant's assertion, including but not limited to, topographic,
hydrologic, floristic, and /or soil data deemed necessary by the City to
determine the jurisdictional status of the wetland, its exact boundary
and its classification. Wetland delineations supplied by applicants
shall be certified by a qualified wetland delineator. Wetland
delineators must satisfy any certification requirements that may be
established by the U.S. Army Corps of Engineers or the Minnesota
Board of Water and Soil Resources.
1i6. Applicants seeking a change in wetland classification must
submit to the City a completed MNRAM version 1.0 form, or the most
recent version. The technical evaluation panel will review the request
for change. The technical evaluation panel will make a
recommendation to the city regarding a change in classification.
G:7. Only that portion of a property within the boundaries of a
wetland shall be subject to the provisions of this section.
14 8. This section establishes three wetland classifications as
defined in Section 1020.020: High Quality, Medium Quality, and Low
Quality.
Subd. 4. General Standards.
Section 1050 (Overlay Districts) Page 4
June 23, 2011
The following standards apply to all lands within and /or abutting a wetland:
(a)A. Septic and soil absorptions systems must be setback a minimum of 75
feet from the City approved boundary of the wetland.
(b)B. The lowest ground floor elevation shall be 2 feet above the 100 -year
flood elevation or three feet above the Ordinary High Water Mark of
public waters regulated by Section 1050.020, whichever is greater.
(c)C. Structures intended to provide access across a wetland shall be
prohibited unless a permit is obtained in conformance with State
Regulations.
(d)D. The MPCA's Best Management Practices shall be followed to avoid
erosion and sedimentation during the construction process.
(c)E. City inspection schedules and fines for erosion control will double on
projects abutting wetlands.
{€}F. Before the City issues a building permit for a lot with a required
wetland buffer, the lot owner shall:
1. Record a notice of the wetland buffer requirement against the
title to the lot with the office of the Hennepin county Recorder or
Registrar of Titles, and
12. Install the wetland monuments required by Subd. 7 of this
Chapter.
Subd. 5. Wetland Buffer Strips and Setbacks.
4,A. For lots of record created after March 23, 2004, a buffer strip shall be
maintained abutting all wetlands identified in Subd. 3 below. The setback
and buffer provisions of this Chapter shall not apply to lots of record on
March 23, 2004, to developments for which conditional use permits, site
plans, and preliminary plats, final plats or preliminary or final planned
unit development plans have been approved by the City within 2 years
prior to March 23, 2004, or to developments for which complete
applications for any of the above actions have been accepted by the City
for review, but not yet acted upon, prior to March 23, 2004. The City
does, however, strongly encourage the use of a wetland buffer and
setback on all lots in the City.
Section 1050 (Overlay Districts) Page 5
June 23, 2011
2,B. Wetland buffer strips and structure setbacks shall apply to all parcels
of land whether or not the wetland is on the same parcel as a proposed
development.
3,C. Wetland buffer strips are required on wetland sizes and types as
follows:
Wetland Buffers and Setback Requirements
High
Medium Low
Wetland Buffer Average Width: 50' 25' 15'
Wetland Buffer Width (Min.): 40' 20' 10'
Wetland Buffer Width (Max.):* 60' 40' 20'
Structure Setback (from Buffer): ** 15' 15' 15'
Total Buffer and Setback (Average): 65' 40'
3 0'
* Buffer widths in excess of the listed maximums shall not be used in calculating average buffer width.
** These setbacks shall take precedence over other setbacks required in this chapter. These setbacks
apply to structures only —a 5 -foot setback is required for roads and parking lots. Trails that serve an
interpretive function may be exempted from buffer and setback requirements.
Example of Buffer and Setback
Applied to a High Quality Wetland
Lot Line 15' Rear High Quality
Setback Wetland
r ■1 11 NM • - ■
■ 1
ti ;,•
1
■
I
■
■
•
L
• ._
■ ■w r■
Building Area 50' Buffer
4D. Notwithstanding the foregoing, wetland buffer strips are not required
for:
1. A wetland if Minnesota Statutes Section 103G.2241,
subdivision 4, 5 or 9 would exempt the draining or filling of that
wetland from the replacement plan requirements of Minnesota
Statutes Section 103G.222, or
Section 1050 (Overlay Districts) Page 6
June 23, 2011
112. A wetland that is a Type 1, 2 or 6 wetland as defined in
Minnesota Statutes Section 103G.005, subdivision 17b and that is
located outside the Natural Resources Corridors identified on official
City maps.
5,E. Buffer strip vegetation shall be established and maintained in
accordance with the requirements found in this Subdivision. During the
first 2 years, any buffer vegetation that does not survive must be
replanted. After 2 years, if the condition of the buffer area changes
through natural processes not caused by the property owner, the owner
shall not be required to reestablish the buffer area to meet the standards
contained in Subd. 8 of this Chapter. Buffer strips shall be identified
within each lot by permanent monuments approved by the City.
6,F.For roadways that must be aligned either adjacent to or across wetlands
and are subject to WCA replacement requirements, additional wetland
filling to create a buffer strip shall not be required. Trails that the City
has determined serve an interpretive function may also be exempted
from the buffer requirement. All other roadways and trails shall meet the
buffer standards established in this Subd. or in Subd. 6 below.
G. If the area of the buffer has a preconstruction slope of 12 percent or
greater, the buffer shall be at the applicable maximum for width for the
wetland classification. The use of a meandering buffer stripe to maintain
a natural appearance is encouraged but not required in areas of flat
topography.
-H. The required structure setback shall apply to all structures, except
that such structure setback shall be reduced to 5 feet for roadways, trails,
and parking lots, and their related retaining walls and fences.
I_Wetland buffer strips not required by this section may be voluntarily
created in conformance with the requirements of this section concurrent
with approval of a site plan, or in the absence of a site plan, upon
approval of an administrative permit.
Subd. 6. Alternative Wetland Buffer Strips and Setbacks: With Extraordinary
Management Measures.
&A. Because of the unique physical characteristics of a specific parcel of
land, narrower buffer strips may be necessary to allow for a reasonable
use of land,
l /B. The City Council may approve alternative standards, based on an
assessment of the following:
Section 1050 (Overlay Districts) Page 7
June 23, 2011
1
1. Size of the parcel
2. Existing roads and utilities
3. Percentage of parcel impacted by wetlands
4. Configuration of wetlands on the parcel
5. Quality of the affected wetlands
lC. The City Council will evaluate the appropriateness of using the
alternative standards as a part of its review of a sketch plan. An applicant
must receive Council approval through this review process prior to
submitting a preliminary plan or plat application that applies the
alternative buffer strip standards.
FD. Alternative standards shall not be allowed on wetlands within the
Natural Resource Corridors identified on official City maps.
G- E. In instances where the City Council approves alternative buffer
standards, an applicant will be required to apply extraordinary
management measures to control erosion, sedimentation and nutrient
loading during and for two years after construction. The applicant must
demonstrate that the proposed measures will limit dissolved phosphorus
concentration to one milligram per liter (mg /1) or less. Buffer strips and
structure setbacks shall meet the following standards:
Alternative Wetland Buffers and Setbacks. With Extraordinary Measures
High Medium Low
Average Wetland Buffer Width 25' 15' 10'
Wetland Buffer Width (Minimum) 20' 10' 5'
Wetland Buffer Width (Maximum)* 30' 20' 15'
Structure Setback from Buffer ** 15' 15' 15'
Total (Average): 40' 30' 25'
* Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer
width.
** These setbacks shall take precedence over other setbacks required in this Chapter. Structure
setbacks apply to structures only; roads, trails and parking lots shall have a 5 -foot required setback.
1=1,F. Extraordinary management measures that may be permitted in
conjunction with and up -slope from the buffer strip and setback
requirements listed above include, but are not limited to measures that
Section 1050 (Overlay Districts) Page 8
June 23, 2011
1
add redundant protections to normal required Best Management
Practices.
hG. The applicant shall be responsible to submit all of the necessary
information to document that the proposed extraordinary construction
and stormwater management practices (hereinafter referred to as
"Extraordinary Management Practices ") will at least duplicate the
performance of the required buffers and setbacks shown in Subd. 5 of this
Chapter, if not exceed it. The applicant shall also have the burden of
proving that the purpose and objectives of the Chapter will be met
through the use of these Extraordinary Management Practices.
J:H. The approval of any Extraordinary Management Practices shall be
conditioned upon a site improvement performance agreement (Section
1070.050, Subd. 9 of this Chapter) that includes a binding commitment to
the maintenance of the proposed alternative treatments throughout their
useful life.
Subd. 7. Monument Required.
A permanent wetland buffer monument shall be installed at each lot line
where it crosses a wetland buffer, and where needed to indicate the contour
of the buffer, with a maximum spacing of 200 feet of wetland edge. If no
buffer is required, the monument shall be at the edge of the wetland.
Subd. 8. Buffer Strip Vegetation Performance Standards.
4,A. Where acceptable natural vegetation exists in buffer strip areas, the
retention of such vegetation in an undisturbed state is preferred. A buffer
strip has acceptable natural vegetation if it:
Q1. Has a continuous, dense layer of perennial grasses that have
been uncultivated or unbroken for at least 10 consecutive years, or
112. Has an overstory of trees and /or shrubs with at least 80
percent canopy closure that have been uncultivated or unbroken for
at least 10 consecutive years, or
13. Contains a mixture of the plant communities described in (1)
and (2) above, that have been uncultivated or unbroken for at least 10
consecutive years.
2,B. Notwithstanding the above performance standards, the City may
determine existing buffer vegetation to be unacceptable if:
Section 1050 (Overlay Districts) Page 9
June 23, 2011
41. It is composed of undesirable plant species (including, but not
limited to reed canary grass, common buckthorn, purple loosestrife,
leafy spurge and noxious weeds), or
112. It is lacking a layer of organic thatch or duff, or
Q3. Has topography that tends to channelize the flow of surface
runoff, or
14. For some other reason it is unlikely to retain nutrients and
sediment.
3,C. Where buffer areas, or a portion thereof, are not vegetated or have
been cultivated or otherwise disturbed within 10 years of the permit
application, such areas shall be re- planted and maintained according to
each of the following standards:
1. The soil in wetland buffer strips shall be amended, as necessary, to
ensure that the soil has an organic content of not less than 10 percent
and not more than 20 percent.
2. Buffer zones shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one -time planting of an
annual nurse or cover crop such as oats or rye.
3. The seed mix to be used shall consist of at least 12 pounds pure live
seed (PLS) per acre of native prairie grass seed and 5 pounds PLS per
acre of native forbs. Native prairie grass and native forb mixes shall
contain no fewer than 4 and 5 species respectively.
4. The annual nurse or cover crop shall be applied at a rate of 20 pounds
per acre.
5. Native shrubs may be substituted for forbs. Such shrubs may be bare
root seedlings and shall be planted at a rate of 60 plants per acre.
Shrubs shall be distributed so as to provide a natural appearance and
shall not be planted in rows.
6. Any ground cover or shrub plantings installed in buffer areas are
independent of landscaping requirements set forth elsewhere in the
City code and City policy.
7. Native prairie grasses and forbs shall be planted by a qualified
contractor using a drill designed for native prairie grass seedlings,
such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550
Power -Till Seeder.
Section 1050 (Overlay Districts) Page 10
June 23, 2011
8. No fertilizer shall be used in establishing new buffer zones, except on
highly disturbed sites when deemed necessary to establish acceptable
buffer vegetation and then limited to amounts indicated by an
accredited soil testing laboratory.
9. All seeded areas shall be mulched immediately with clean straw at a
rate of 1.5 tons per acre. Mulch shall be anchored with a disk or
tackifier. On slopes that are steeper than 3:1, additional soil
stabilization materials such as straw mat or coconut fiber mat shall be
used, as specified in the MnDOT Seeding Manual 2000, or most recent
MnDOT manual.
10. Buffer zones (both natural and created) shall be protected by silt
fence during construction and the fence shall remain in place until the
area crop is established.
11. Applicants may obtain from the City a set of standard seeding and
planting specifications for buffer zones that meet all City
requirements.
4D. During the first 2 years, the developer shall replant any buffer
vegetation that does not survive. After 2 years, if the condition of the
buffer area changes through natural processes not caused by the property
owner, the owner shall not be required to reestablish the buffer area to
meet the standards established in this subdivision.
Subd. 9. Encroachment in Required Setback and Buffer Areas.
4A. Patios and decks may encroach up to a maximum of 6 feet into
required structure setback areas. Porches may not encroach into
required setback areas. Buffer and wetland areas must be kept fee of all
structures, including fences and play equipment.
2,B. Water quality ponds may encroach into required wetland buffer
areas, provided that the amount of buffer encroached upon does not
exceed 50 percent of the total area required for such ponding, and
provided that the amount of buffer encroached upon does not exceed 50
percent of the total area required for buffering. These limitations may be
exceeded where two -cell water quality ponding is utilized.
Subd. 10. Variances.
a A. Requests for variances shall be made in accordance with the
procedures and requirements set forth in Section 1070.040 of this
Chapter.
Section 1050 (Overlay Districts) Page 11
June 23, 2011
13,B. Variances shall only be granted when the standards and criteria set
forth in Section 1070.040 of this Chapter have been met. Variances shall
not be granted which would circumvent the intent and purposes of this
subdivision.
(Ord. 211, passed 12 21 04, Ord. 237, passcd 11 20 06)
Section 1050 (Overlay Districts) Page 12
June 23, 2011
1050.020 - Shoreland Overlay District
1 Subd. L
1
Statutory Authorization, Findings of Fact and Statement of Purpose.
A - A-Statutory Authorization. This shoreland ordinance is adopted
pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-
6120.3900, and the planning and zoning enabling legislation in Minnesota
Statutes, Chapter 462.
B. B. Findings of Fact. The uncontrolled use of shorelands of the City of
Corcoran, Minnesota affects the public health, safety and general welfare
not only by contributing to pollution of public waters, but also by
impairing the local tax base. Therefore, it is in the best interests of the
public health, safety, and welfare to provide for the wise subdivision, use
and development of shorelands of public waters.
C — Statement of Purpose. The Legislature of Minnesota has delegated
responsibility to local governments of the state to regulate the
subdivision, use and development of the shorelands of public waters and
thus preserve and enhance the quality of surface waters, conserve the
economic and natural environmental values of shorelands, and provide
for the wise use of waters and related land resources. This responsibility
is hereby recognized by the City of Corcoran.
Subd. 2. General Provisions.
A. Jurisdiction. The provisions of this ordinance shall apply to the
shorelands of the public water bodies as classified in Section 1050.020,
Subd. 3 of this ordinance.
B. Compliance. The use of any shoreland of public waters; the size and
shape of lots; the use, size, type and location of structures on lots; the
installation and maintenance of water supply and waste treatment
systems, the grading and filling of any shoreland area; the cutting of
shoreland vegetation; and the subdivision of land shall be in full
compliance with the terms of this ordinance and other applicable
regulations.
C. Enforcement. The Zoning Administrator is responsible for the
administration and enforcement of this ordinance. Any violation of the
provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses)
shall constitute a misdemeanor and shall be punishable as defined by law.
Violations of this ordinance can occur regardless of whether or not a
Section 1050 (Overlay Districts) Page 13
June 23, 2011
Subd. 3.
permit is required for a regulated activity pursuant to Section 1050.020,
Subd. 3 of this ordinance.
D. Interpretation. In their interpretation and application, the provisions of
this ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
E. Abrogation and Greater Restrictions. It is not intended by this ordinance
to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance imposes greater restrictions,
the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
F. l- Severability. If any section, clause, provision or portion of this
ordinance is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected thereby.
Shoreland Classification. The public waters of the City of Corcoran have been
classified below consistent with the criteria found in Minnesota Regulations,
Part 6120.3300, and the Protected Waters Inventory Map for Hennepin
County, Minnesota.
Natural Environment Lakes
Jubert Lake
Tributary Rivers /Streams
North Fork Rush Creek
Rush Creek
Unnamed Tributary
Spurzem Creek
Unnamed Tributary
Protected Waters ID#
165P
Legal Description
T119 R23WSections2, 3, 4,5,7,8,11,18,19
T119 R23W Sections 13, 21, 22, 23,24,28,29
T119 R23W Sections 11, 14, 15
T119 R23W Sections 33, 34
T119 R23 W Sections 23, 26, 34, 35
Legal Description
T119 R23W S29, 32
The shoreland area for these waterbodies shall be shown on the Official Zoning Map.
Subd. 4.
Land Use. The intent of this overlay district is to guide the wide development
of public waters shoreland, thus preserving the quality of surface waters,
preserving natural resources and providing for the wise utilization of water
Section 1050 (Overlay Districts) Page 14
June 23, 2011
and related land resources in the City. The regulations in this overlay district
are intended to manage areas suitable for development of various types as
allowed in the underlying zoning district. It is the intent of this overlay
district to be used in conjunction with the adopted land use regulations and
requirements of this Chapter and over other ordinances, codes and policies.
The allowable uses in the shoreland management overlay district shall be as
identified in the Zoning Ordinance and reflected on the Zoning Map.
Subd. 5. Zoning and Water Supply /Sanitary Standards.
A. Lot Area and Width Standards
The lot area and width standards (in feet) for single family, two family
and townhome residential lots created after the date of enactment of this
ordinance are the following:
Unsewered Natural Environment Lakes
Riparian Lots
Area Width
Single 80,000 200
Two family 120,000 300
Multi- family 200,000 500
2. 2.
Nonriparian Lots
Area Width
80,000
160,000
320,000
Sewered Natural Environment Lakes
Single
Two family
Riparian Lots
Area
40,000
70,000
Multi- family 130,000
Width
125
225
425
200
400
800
Nonriparian Lots
Area
20,000
35,000
65,000
3. 3. River /Stream Lot Width Standards.
Width
125
220
410
There is no minimum lot size requirement for rivers and streams. The lot
width standards for residential developments are:
Single
Two family
Multi- family
B. Special Provisions
Tributary Stream
No Sewer
100
150
250
Sewer
75
115
190
Section 1050 (Overlay Districts) Page 15
June 23, 2011
1. 1. Residential subdivisions with dwelling unit densities exceeding
those in the tables above can only be allowed if designed and
approved as residential planned unit developments. Only land above
the ordinary high water level of public waters can be used to meet lot
area standards, and lot width standards must be met at both the
ordinary high water level and at the building line. The sewer lot area
dimensions in Section 3 above can only be used if publicly owned
sewer system service is available to the property.
2. 2. Subdivisions of two family dwellings and townhomes on
Natural Environment Lakes must also meet the following standards:
1}a. Each building must be set back at least 200 feet from the OHWL.
&b. Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the building.
4c. Watercraft docking facilities for each lot must be centralized in
one location and serve all dwelling units in the building; and
e:d.No more than 25 percent of a lake's shoreline can be in two family
or townhome developments.
C. Placement, Design and Height of Structures
1. When more than one setback applies to a site, structures and facilities
must be located to meet all setbacks. Where structures exist on the
adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the
adjoining setbacks from the ordinary high water level, provided the
proposed building site is not located in a shore impact zone or in a
bluff impact zone. Structure setbacks (in feet) from the Ordinary High
Water Level are as follows:
Waters Classification
Structures
Unsewered
Sewered
Sewage
Treatment
Systems
Natural Environment
Lakes
150
150
150
Tributary
River /Stream
100
50
75
2. Structures without water oriented needs must be placed on
nonriparian lots, or be double the structure setback, or screened from
view from public waters by vegetation, topography, or both.
Section 1050 (Overlay Districts)
June 23, 2011
Page 16
3. The following additional structure setbacks apply, regardless of the
classification of the water body:
Setback From:
Setback (in feet)
Top of bluff
30
Unplatted cemetery
50
Right -of -way line of Federal, State
or County highway
50
Right -of -way line of town road,
public street or other roads or
streets not classified
20
4. Structures and accessory facilities, except stairways and landings,
must not be placed within bluff impact zones.
D P— Design Criteria for Structures
1. Structures must be placed in accordance with floodplain regulations
applicable to the site as required in Section 1050.030.
ka. Section 1050.030 requires that all structures, including accessory
structures, additions to existing structures, and manufactured
homes, shall be constructed so that the basement floor, or first
floor if there is no basement, is at least 2 feet above the regional
flood elevation.
i -b. Each lot may have one water - oriented accessory structure not
meeting the normal structure setback requirements of this
ordinance if this water - oriented accessory structure complies with
the following provisions:
ic. The structure or facility must not exceed 10 feet in height,
exclusive of safety rails, and cannot occupy an area greater than
250 square feet. Detached decks must not exceed eight feet above
grade at any point.
id. The setback of the structure or facility from the ordinary high
water level must be at least 10 feet.
v-r.e. The structure or facility must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, or color, assuming summer, leaf -
on conditions.
Section 1050 (Overlay Districts) Page 17
June 23, 2011
vf.The roof may be used as a deck with safety rails but must not be
enclosed or used as a storage area.
vi-hg. The structure or facility must not be designed or used for
human habitation and must not contain water supply or sewage
treatment facilities.
2. All structures in residential districts, except churches and
nonresidential agricultural structures, are limited to a maximum
height of 25 feet in height.
Subd. 6. Shoreland Vegetative Buffers.
A A-Buffer Requirements and Standards. For lots of record created after
March 23, 2004, a buffer area shall be maintained abutting all lakes,
rivers and streams. Buffer sizes and other requirements are included in
Section 1050.010. Buffer vegetation shall be established and maintained
in accordance with the requirements that follow.
11. Buffer area vegetation shall be considered adequate when the
buffer has a continuous, dense layer of perennial grasses, flowers,
trees, and /or shrubs that have been undisturbed (i.e., not cultivated,
mown or disturbed) for at least 10 consecutive years. Vegetation shall
be considered unacceptable if:
a. It is composed of noxious weeds.
b. Topography or sparse vegetation tends to channelize the flow of
surface water;
c. For some other reason the vegetation is unlikely to retain
nutrients and sediment.
2. 2. Where buffer areas, or a portion thereof, are not vegetated, or
have been cultivated or otherwise disturbed within the past 10 years
of the permit application, such areas shall be re- planted and
maintained according to each of the following standards:
a. Buffer areas shall be planted with a seed mix containing 100
percent perennial native plant species, except for a one -time
planting of annual nurse or cover crop such as oats or rye.
b. The seed mix to be used shall consist of at least 15 pounds pure
live seed (PLS) per acre of native grass seed and 1 pound PLS per
acre of native forbs. Native grass and native forb mixes shall
contain no fewer than 4 and 5 species respectively.
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June 23, 2011
c. The annual nurse or cover crop shall be applied at a rate of 20
pounds per acre.
d. Native shrubs may be substituted for forbs. Such shrubs may be
bare -root stock and shall be planted at a rate of 60 plants per acre.
Shrubs shall be distributed so as to provide a natural appearance
and shall not be planted in rows.
e. Native grasses and forbs shall be planted by a qualified contractor
by using a drill designed for native grass seeding or by
broadcasting or hydroseeding at Minnesota Department of
Transportation rates (MNDOT Standard Specifications for
Construction).
f. All seeded areas shall be mulched immediately with clean straw at
a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or
tackifier.
g. Buffer areas (both natural and seeded) shall be protected by
erosion control measures as determined by the City. These must
be employed during construction until permanent ground cover is
established to prevent siltation of the buffer area and wetlands.
h. A walking trail may be established within a shoreland buffer area.
The trail should be constructed to minimize erosion. An
undisturbed area of vegetative buffer at least 10 feet in width
should remain between the trail and the wetland edge or the top of
the stream bank.
3. 3. Buffer areas shall be identified by permanent monuments
acceptable to the City. In residential subdivisions, a monument is
required for each lot. In other situations, a monument is required for
each 300 feet of wetland edge.
44. The clearing and removal of vegetation in the buffer area is
prohibited, except for selective clearing and pruning of individual
trees that are dead, diseased, noxious weeds, or hazards.
5. 5. Owners are encouraged to leave dead trees and branches in
the buffer area, because they are part of the native natural
environment and provide necessary habitat to may birds and native
wildlife. Dumping yard waste in buffer areas, including leaves and
grass clippings, is prohibited by this ordinance.
Section 1050 (Overlay Districts) Page 19
June 23, 2011
6. 6. All buffer areas are measured from the ordinary high water
level as marked in the field.
77. The following buffer sizes are minimum requirements for
stream buffers. Classification of lakes and wetlands in shoreland
areas and buffer sizes shall be consistent with the City's Wetland
Overlay District 1050.010.
Stream Type
Average Buffer
Width
Minimum Buffer
Structure Setback
Tributary Stream
25'
20'
50'
8. 8. The City may recommend buffer averaging for buffers in
instances where it will provide resource protection to a valuable
adjacent upland habitat, or allow for reasonable use of property,
provided that the total buffer area on -site contained in the buffer area
remains the same. Buffer averaging in shoreland areas will be
consistent with buffer averaging requirements in the Wetland Overlay
District (Section 1050.010).
9. 9. If the area of the buffer has a pre- construction slope of 12
percent or greater, the buffer shall be at the maximum width for the
applicant's stream classification. The use of a meandering buffer area
to maintain a natural appearance is encouraged, but not required in
areas of flat topography.
Subd. 7. Shoreland Buffer Area Mitigation.
kA. Where alteration of a stream buffer area is approved and mitigation is
required, mitigation must result in equal or improved buffer function and
value. Mitigation plans must address water quality protection and
wildlife habitat. The following criteria shall be required for stream buffer
area mitigation:
IThB. Buffers must be replaced at a 1:1 ratio.
i4hC. Mitigation should always result in equal or improved buffer function
and value. The function and value will include protection of water quality
and provision of wildlife habitat.
i -D. Mitigation involving the buffer area shall provide landscaping for
nesting, food for wildlife, wildlife cover, and utilize a diversity of native
flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife
diversity.
Section 1050 (Overlay Districts) Page 20
June 23, 2011
v,E.Stream buffer mitigation should be undertaken on site. If this is not
feasible, mitigation should occur locally within the subwatershed. If this
is not possible, mitigation should occur outside the subwatershed,
elsewhere in the City.
Subd. 8. Vegetation Alterations.
A. A-Exemptions. Vegetation alteration necessary for the construction of
structures and sewage treatment systems, agricultural uses, and the
construction of roads are exempt from the vegetation alternation
standards that follow.
B. BAlteration Standards
11. Intensive vegetation clearing such as mowing and cutting
within the shore and bluff impact zones and on steep slopes is not
allowed.
2. 2. In shore and bluff impact zones and on steep slopes, limited
clearing of trees and shrubs and cutting, pruning, and trimming of
trees is allowed to provide a view to the water from the principal
dwelling site and to accommodate the placement of stairways and
landings, picnic areas, access paths, livestock watering areas, beach
and watercraft access areas, and permitted water - oriented accessory
structures or facilities, provided that:
a. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf -on conditions, is not
substantially reduced.
b. Along streams, existing shading of water surfaces is preserved;
and
c. The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety hazards.
Subd. 9. Topographic Alterations, Grading and Filling.
A A-Permits. Grading and filling and excavations necessary for the
construction of structures, sewage treatment systems, and driveways
under validly issued construction permits for these facilities do not
require the issuance of a separate grading and filling permit. However,
the grading and filling standards in this Section must be incorporated into
the issuance of permits for construction of structures, sewage treatment
systems, and driveways.
Section 1050 (Overlay Districts) Page 21
June 23, 2011
B. B. Standards
1. A grading and filling permit will be required for the movement of
more than 10 cubic yards of material on steep slopes or within shore
and bluff impact zones. A grading and filling permit will be required
for the movement of more than 50 cubic yards of material in a
shoreland area that is outside of steep slope and shore and bluff
impact zones.
2. The following considerations and conditions must be adhered to
during the issuance of construction permits, grading and filling
permits, conditional use permits, variances and subdivision
approvals:
a. Grading or filling in any wetland is subject to the regulations of the
Minnesota Wetland Conservation Act, reviews or approvals by
other local, state or federal agencies such as a watershed district,
the Minnesota Department of Natural Resources, or the United
States Army Corps of Engineers, and the City of Corcoran Wetland
Overlay District (Section 1050.010).
b. The proposed work should be evaluated for its effect on the
following functional values of the wetland: a) sediments and
pollutant trapping and retention; b) storage of surface runoff to
prevent or reduce flood damage; c) fish and wildlife habitat; d)
recreational use; e) shoreline or bank stabilization; or f)
noteworthiness, including special qualities such as historic
significance and critical habitat.
c. Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for
the shortest time possible.
d. Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover
must be established as soon as possible.
e. Methods to minimize soil erosion and to trap sediments before
they reach any surface water feature must be used.
f. Altered areas must be stabilized to acceptable erosion control
standards consistent with the Minnesota Pollution Control
Agency's Best Management Practices.
g. Fill or excavated material must not be placed in a manner that
creates an unstable slope.
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June 23, 2011
Subd. 10.
h. Plans to place fill or excavated material on steep slopes must be
reviewed by the City Engineer for continued slope stability and
must not create finished slopes of 30 percent or greater.
i. Any alterations below the ordinary high water level of public
waters must first be authorized by the Commissioner of Natural
Resources under Minnesota Statutes, section 103G.245.
j. Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not adversely
affect adjacent or nearby properties.
k. Placement of natural rock riprap, including associated grading of
the shoreline and placement of a filter blanket, is permitted if the
finished slope does not exceed 3 feet horizontal to one foot
vertical, the landward extent of the riprap is within 10 feet of the
ordinary high water level, and the height of the riprap above the
ordinary high water level does not exceed 3 feet.
1. Excavations where the intended purpose is connection to a public
water, such as boat slips, canals, lagoons, and harbors, must be
controlled by local shoreland controls. Permission for excavations
may be given only after the commissioner has approved the
proposed connection to public waters.
3. Extractive Use Standards
a. Site Development and Restoration Plan. An extractive use site
development and restoration plan must be developed, approved,
and followed over the course of operation of the site. The plan
must address dust, noise, possible pollutant discharges, hours and
duration of operation, and anticipated vegetation and topographic
alterations. It must also identify actions to be taken during
operation to mitigate adverse environmental impacts, particularly
erosion, and must clearly explain how the site bill be rehabilitated
after extractive activities end.
b. Setbacks for Processing Machinery. Processing machinery must
be located consistent with setback standards for structures from
ordinary high water levels of public waters and from bluffs.
Placement and Design of Roads, Driveways and Parking Areas. Public and
private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view
from public waters. Documentation must be provided by a qualified
Section 1050 (Overlay Districts) Page 23
June 23, 2011
individual that all roads and parking areas are designed and constructed to
minimize and control erosion to public waters consistent with the Minnesota
Pollution Control Agency's Best Management Practices and the following:
bA. Roads, driveways, and parking areas must meet structure setbacks and
must not be placed within shore and bluff impact zones, when other
reasonable and feasible placement alternatives exist. If no alternatives
exist, they may be placed within these areas, and must be designed to
minimize adverse impacts.
i4B. Public and private watercraft access ramps, approach roads, and
access - related parking areas may be placed within the shore impact
zones provided the vegetative screening and erosion control conditions
of this subpart are met. For private facilities, the grading and filling
provisions of this ordinance must be met.
Subd. 11. Stormwater Management.
A. A-Design and Construction Standards
1. 1. When possible, existing natural drainageways, wetland, and
vegetated soil surfaces must be used to convey, store, filter, and retain
stormwater runoff before discharge to public waters.
2. 2. Development must be planned and conducted in a manner that
will minimize the extent of disturbed areas, runoff, velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas must
be stabilized and protected as soon as possible and facilities or
methods used to retain sediment on the site.
3. 3. When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle
stormwater runoff using natural features and vegetation, various
types of constructed facilities, such as diversion, settling basins,
skimming devices, dikes, waterways, and ponds may be used.
Preference must be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and man -made
materials and facilities.
4. 4. Impervious surface coverage of lots must not exceed 25
percent of the lot area.
5. 5. When constructed facilities are used for stormwater
management, documentation must be provided by a qualified
individual that they are designed and installed consistent with
National Urban Runoff (NURP) Standards, requirements of the Elm
Section 1050 (Overlay Districts) Page 24
June 23, 2011
Creek Watershed District, and the Minnesota Pollution Control
Agency's Best Management Practices as described in Protecting Water
Quality in Urban Areas.
6. 6. New constructed stormwater outfalls to public waters must
provide for filtering or settling of suspended solids and skimming of
surface debris before discharge.
Subd. 12. Agricultural and Forest Management Use Standards.
A. 4-Permitted Uses
General cultivation farming, grazing, nurseries, horticulture, forestry, truck
farming, sod farming, and wild crop harvesting are permitted uses if steep
slopes and shore impact zones are maintained in permanent vegetation or
operated under an approved conservation plan (Resource Management
Systems) consistent with the field office technical guides of the local soil and
water conservation districts or the United States Natural Resource
Conservation Service, as provided by a qualified individual or agency. The
shore impact zone for parcels with permitted agricultural land uses is equal
to a line parallel to and 50 feet from the ordinary high water level.
B. B. Animal Feedlots. Animal feedlots must meet the following standards:
41. New feedlots must not be located in the shoreland of
watercourses or in bluff impact zones, and must meet a minimum
setback of 300 feet from the ordinary high water level of all public
waters basins; and
12. Modifications or expansions to existing feedlots that are
located within 300 feet of the ordinary high water level or within a
bluff impact zone are allowed if they do not further encroach into the
existing ordinary high water level setback.
C. Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the
Minnesota Nonpoint Source Pollution Assessment - Forestry and the
provisions of Water Quality in Forest Management "Best Management
Practices in Minnesota."
Subd. 13. Administration.
A. Zoning Administrator. The Zoning Administrator is designated by the
City Council to enforce this ordinance. If he /she finds a violation of the
provisions of this ordinance, he /she shall notify the person responsible
Section 1050 (Overlay Districts) Page 25
June 23, 2011
for such violation, indicating the nature of the violation, and ordering the
action necessary to correct it.
B. Permits Required. A permit is required for the construction of buildings
or building additions (including such related activities as construction of
decks and signs), the installation and /or alteration of sewage treatment
systems, and those grading and filling activities not exempted by Subd. 9
of this ordinance. Application shall be made to the Zoning Administrator
on forms furnished by him /her and shall include the following where
applicable: plans drawn to scale, showing the nature, location,
dimensions, and elevations of the lot; existing or proposed structures, fill,
or storage of materials; and the location of the foregoing in relation to the
stream channel.
C. State and Federal Permits. Prior to granting a permit or processing an
application for a Conditional Use Permit or Variance, the Zoning
Administrator shall determine that the applicant has obtained all
necessary State and Federal Permits.
D. Nonconforming Sewage Treatment System. Whenever a permit or
variance authorizes any improvement on, or new use of, a property in the
shoreland district, it will require reconstruction of any existing
nonconforming sewage system on the property to meet or exceed
applicable rules of the Minnesota Department of Health, the Minnesota
Pollution Control Agency, specifically chapter 7080 for individual sewage
treatment systems, and any applicable local government standards. The
City of Corcoran will notify landowners in shore impact zones about this
requirement, and will also encourage property owners to evaluate their
sewage treatment systems and voluntarily upgrade systems that are
nonconforming.
E. Variances
1. 1. Variances may only be granted in accordance with Minnesota
Statutes, Chapter 462, as applicable. A variance may not circumvent
the general purposes and intent of this ordinance. No variance may
be granted that would allow any use that is prohibited in the zoning
district in which the subject property is located. Conditions may be
imposed in the granting of a variance to ensure compliance and to
protect adjacent properties and the public interest. In considering a
variance request, the City Council must also consider whether the
property owner has reasonable use of the land without the variance,
whether the property is used seasonally or year- round, whether the
variance is being requested solely on the basis of economic
considerations, and the characteristics of development of adjacent
properties.
Section 1050 (Overlay Districts) Page 26
June 23, 2011
2. 2. The City Council shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of
business. When a variance is approved after the Department of
Natural Resources has formally recommended denial in the hearing
record, the notification of the approved variance required in Section F
below shall also include the board of adjustment's summary of the
public record /testimony and the findings of facts and conclusions
which supported the issuance of the variance.
3_3. For existing developments, the application for variance must
clearly demonstrate whether a conforming sewage treatment system
is present for the intended use of the property. The variance, if issued,
must require reconstruction of a nonconforming sewage treatment
system.
F. Notifications to the Department of Natural Resources
1. 1. Copies of all notices of any public hearings to consider
variances, zoning ordinance amendments, zoning map amendments
or conditional uses under local shoreland management controls must
be sent to the Commissioner of Natural Resources, or the
Commissioner's designated representative and postmarked at least
10 days before the hearings. Notices of hearings to consider proposed
subdivisions /plats must include copies of the subdivision /plat.
2. 2. A copy of approved zoning ordinance amendments and
subdivisions /plats, and final decisions granting variances or
conditional uses under local shoreland management controls must be
sent to the Commissioner or the Commissioner's designated
representative and postmarked within 10 days of final action.
Subd. 14. Nonconformities.
A A-Existing Nonconformities
1. 1. All legally established nonconformities as of the date of this
ordinance may continue, but they will be managed according to
applicable state statutes and other regulations of this community for
the subjects of alterations and additions, repairs after damage,
discontinuance of use and intensification of use.
2. 2. Lots of record in the office of the county recorder on the date
of enactment of local shoreland controls that do not meet the
requirements of this ordinance may be allowed as building sites
without variance from lot size requirements provided the use is
Section 1050 (Overlay Districts) Page 27
June 23, 2011
permitted in the zoning district, the lot has been in separate
ownership from abutting lands at all times since it became
substandard, was created compliant with official controls in effect at
the time, and sewage treatment and setback requirements of this
ordinance are met.
B. B. Variance from Setback Requirements. A variance from setback
requirements must be obtained before any use, sewage treatment system,
or building permit is issued for a lot. In evaluating the variance, the board
of adjustment shall consider sewage treatment and water supply
capabilities or constraints of the lot, and shall deny the variance if
adequate facilities cannot be provided.
C. Contiguous Lots. If, in a group of two or more contiguous lots under
the same ownership, any individual lot does not meet the requirements of
this ordinance, the lot must not be considered as a separate parcel of land
for the purposes of sale or development. The lot must be combined with
the one or more contiguous lots so they equal one or more parcels of land,
each meeting the requirements of this ordinance as much as possible.
D. P— Additions or Expansions
1. 1. Additions or expansions to the outside dimensions of an
existing nonconforming structure must meet the setback, height and
other requirements of this ordinance. Any deviation from these
requirements must be authorized by a variance.
2. 2. Deck additions may be allowed without a variance to a
structure not meeting the required setback from the ordinary high
water level if all of the following criteria and standards are met:
3. 3. The structure existed on the date the structure setbacks were
established
4. 4. A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure
5. 5. The deck encroachment toward the ordinary high water level
does not exceed 15 percent of the existing setback of the structure
from the ordinary high water level or does not encroach closer than
30 feet, whichever is more restrictive
6. 6. The deck is constructed primarily of wood, and is not roofed or
screened.
Section 1050 (Overlay Districts) Page 28
June 23, 2011
(Ord. 211, passed 12 21 01, Ord. 237, passed 11 20 06)
Section 1050 (Overlay Districts) Page 29
June 23, 2011
1050.030 - Flood Plain Overlay District
Subd. 1. Statutory Authorization, Findings of Fact and Purpose.
a:A. Statutory Authorization. The Legislature of the State of Minnesota
Statutes Chapter 103F and 462, delegated the responsibility to local
governmental units to adopt regulations designed to minimize flood
losses. Minnesota Statutes 103F further stipulates that communities
subject to recurrent flooding must participate and maintain eligibility in
the national flood insurance program. Therefore, the City Council of the
City of Corcoran, County of Hennepin, State of Minnesota, does ordain as
follows:
hB. Findings of Fact.
1_1. The flood hazard areas of the City of Corcoran, Minnesota, are
subject to periodic inundation which results in potential loss of life,
loss of property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for
flood protection and relief, impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.
2. 2. Methods Used to Analyze Flood Hazards. This Ordinance is
based upon a reasonable method of analyzing flood hazards that is
consistent with the standards established by the Minnesota
Department of Natural Resources.
3. 3. National Flood Insurance Program Compliance. This
Ordinance is adopted to comply with the rules and regulations of the
national Flood Insurance Program, codified as 44 Code of Federal
Regulations Parts 59 -78, as amended, so as to maintain the
community's eligibility in the national Flood Insurance Program.
EC.Statement of Purpose. It is the purpose of this Ordinance to maintain
the community's eligibility in the national flood insurance program, to
minimize potential losses due to periodic flooding including loss of life,
loss of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare and to
minimize those losses described in Section 1.21 by provisions contained
herein.
Subd. 2. General Provisions
Section 1050 (Overlay Districts) Page 30
June 23, 2011
a,A. Lands to Which the Ordinance Applies. This Ordinance shall apply
to all lands within the jurisdiction of the City of Corcoran shown on the
Official Zoning Map as being located within the boundaries of the
Floodway, Flood Fringe, or General Flood Plain District.
b B. Establishment of Official Zoning Map. The Official Zoning Map
together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this Ordinance. The attached
material shall include the Flood Insurance Study, Volume 1 of 2 and
Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions, and the
Flood Insurance Rate Map, panels numbered 27053C0019 E,
27053C0038 E, 27053C0039 E, 27053C0043 E, 27053C0044 E,
27053C0132 E, 27053C0134 E, 27053C0151 E, 27053C0152 E,
27053C0153 E, 27053C0154 E, 27053C0156 E, 27053C0157 E,
27053C0158 E, and 27053C0159 E for the City of Corcoran, dated
September 2, 2004, as developed by the Federal Emergency Management
Agency. The Official Zoning Map shall be on file in the Office of the City
Clerk.
EC. Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation
of the regional flood plus any increases in flood elevation caused by
encroachments on the flood plain that result from designation of a
floodway.
Dl- Interpretation.
1. 1. In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
2. 2. The boundaries of the zoning districts shall be determined by
scaling distances on the Official Zoning Map. Where interpretation is
needed as to the exact location of the boundaries of the district as
shown on the Official Zoning Map, as for example where there appears
to be a conflict between a mapped boundary and actual field
conditions and there is a formal appeal of the decision of the City
Engineer, the City Council shall make the necessary interpretation. All
decisions will be based on elevations on the regional (100 -year) flood
profile, the ground elevations that existed on the site at the time the
Community adopted its initial floodplain ordinance, and other
available technical data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to present their
case to the City Council and to submit technical evidence.
Section 1050 (Overlay Districts) Page 31
June 23, 2011
Subd. 3.
E. E. Abrogation and Greater Restrictions. It is not intended by this
Ordinance to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance shall prevail. All
other ordinances inconsistent with this Ordinance are hereby repealed to
the extent of the inconsistency only.
F. lWarning and Disclaimer of Liability. This Ordinance does not imply
that areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the City of Corcoran or any officer
or employee thereof for any flood damages that result from reliance on
this Ordinance or any administrative decision lawfully made there under.
G. Severability. If any section, clause, provision, or portion of this Ordinance
is adjudged unconstitutional invalid by a court of competent jurisdiction,
the remainder of this Ordinance shall not be affected thereby.
H. Definitions: Unless specifically defined in Section 1020.020 (Flood
Related definitions) of this ordinance, words or phrases used in this
Ordinance shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this Ordinance its most
reasonable application.
Establishment of Zoning Districts. The flood plain areas within the
jurisdiction of this Ordinance are hereby divided into three Districts:
Floodway District (FW), Flood Fringe District (FF), and General Flood Plain
District (GFP).
a:A. Floodway District. The Floodway District shall include those areas
designated as floodway on the Flood Insurance Rate Map adopted in
Subd.2.B.
b B. Flood Fringe District. The Flood Fringe District shall include those
areas designated as floodway fringe. The Flood Fringe District shall
include those areas shown on the Flood Insurance Rate Map as adopted is
Section 2.B. as being within Zone AE, Zone A0, or Zone AH but being
located outside of the floodway.
EC. General Flood Plain District. The General Flood Plain District shall
include those areas designated as Zone A or Zones AE, Zone A0, or Zone
AH without a floodway on the Flood Insurance Rate Map adopted in
Section 2.B.
Section 1050 (Overlay Districts) Page 32
June 23, 2011
€1,D. Compliance: No new structure or land shall hereafter be used and no
structure shall be constructed, located, extended, converted, or
structurally altered without full compliance with the terms of this
Ordinance and other applicable regulations which apply to uses within
the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and
General Flood Plain Districts, all uses not listed as permitted uses or
conditional uses in Subd. 4., 5. and 6. that follow, respectively, shall be
prohibited. In addition, a caution is provided here that:
A1. New manufactured homes, replacement manufactured homes
and certain travel trailers and travel vehicles are subject to the
general provisions of this Section and specifically Subd _9.
112. Modifications, additions, structural alterations, normal
maintenance and repair, or repair after damage to existing
nonconforming structures and nonconforming uses of structures or
land are regulated by the general provisions of this Section and
specifically Subd._11.
Q3. As -built elevations for elevated or flood proofed structures
must be certified by ground surveys and flood proofing techniques
must be designed and certified by a registered professional engineer
or architect as specified in the general provisions of this Section and
specifically as stated in Subd._10. of this Section.
Subd. 4. Floodway District (FW).
a.A. Permitted Uses.
1_1. Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
2. 2. Industrial - Commercial uses such as loading areas, parking
areas, and airport landing strips.
3 -3. Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting and fishing areas, and single or
multiple purpose recreational trails.
4. 4. Residential uses such as lawns, gardens, parking areas, and
play areas.
Section 1050 (Overlay Districts) Page 33
June 23, 2011
b:B. Standards for Floodway Permitted Uses:
1. 1. The use shall have a low flood damage potential.
2. 2. The use shall be permissible in the underlying zoning district if
one exists.
3. 3. The use shall not obstruct flood flows or increase flood
elevations and shall not involve structures, fill, obstructions,
excavations or storage of materials or equipment.
EC. Conditional Uses
1. 1. Structures accessory to the uses listed in 4.A. above and the
uses listed in 4.C.2 -8 below.
2. 2. Extraction and storage of sand, gravel, and other materials.
3. 3. Marinas, boat rentals, docks, piers, wharves, and water control
structures.
4. 4. Railroads, streets, bridges, utility transmission lines, and
pipelines.
5. 5. Storage yards for equipment, machinery, or materials.
6. 6. Placement of fill or construction of fences.
7. 7. Recreational vehicles either on individual lots of record or in
existing or new subdivisions or commercial or condominium type
campgrounds, subject to the exemptions and provisions of Subd.9.0 of
this Ordinance.
8. 8. Structural works for flood control such as levees, dikes and
floodwalls constructed to any height where the intent is to protect
individual structures and levees or dikes where the intent is to protect
agricultural crops for a frequency flood event equal to or less than the
10 -year frequency flood event.
4D. Standards for Floodway Conditional Uses
a:1.A11 Uses. No structure (temporary or permanent), fill (including fill
for roads and levees), deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as a conditional use that will
cause any increase in the stage of the 100 -year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
Section 1050 (Overlay Districts) Page 34
June 23, 2011
13,2. All floodway conditional uses shall be subject to the
procedures and standards contained in Subd.10.D of this Ordinance.
3. 3. Fill. The conditional use shall be permissible in the underlying
zoning district if one exists.
4a. Fill, dredge spoil, and all other similar materials deposited or
stored in the flood plain shall be protected from erosion by
vegetative cover, mulching, riprap or other acceptable method.
Ib. Dredge spoil sites and sand and gravel operations shall not be
allowed in the floodway unless a long -term site development plan
is submitted which includes an erosion /sedimentation prevention
element to the plan.
&c.As an alternative, and consistent with Subsection (b) immediately
above, dredge spoil disposal and sand and gravel operations may
allow temporary, on -site storage of fill or other materials which
would have caused an increase to the stage of the 100 -year or
regional flood but only after the City Council has received an
appropriate plan which assures the removal of the materials from
the floodway based upon the flood warning time available. The
conditional use permit must be title registered with the property
in the Office of the County Recorder.
4_4. Accessory Structures
A a. Accessory structures shall not be designed for human
habitation.
Ib. Accessory structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum obstruction
to the flow of flood waters.
c. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and,
d 4-So far as practicable, structures shall be placed approximately
on the same flood flow lines as those of adjoining structures.
e. eAccessory structures shall be elevated on fill or structurally dry
flood proofed in accordance with the FP -1 or FP -2 flood proofing
classifications in the State Building Code. As an alternative, an
accessory structure may be flood proofed to the FP -3 or FP -4 flood
proofing classification in the State Building Code provided the
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June 23, 2011
accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parking of vehicles and
limited storage. All flood proofed accessory structures must meet
the following additional standards:
i. The structure must be adequately anchored to prevent
flotation, collapse, or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls;
ii. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation
or property flood proofed; and
iii. To allow for the equalization of hydrostatic pressure, there
must be a minimum of two "automatic" openings in the outside
walls of the structure having a total net area of not less than
one square inch for every square foot of enclosed area subject
to flooding. There must be openings on at least two sides of
the structure, and the bottom of all openings must be no higher
than one foot above the lowest adjacent grade to the structure.
Using human intervention to open a garage door prior to
flooding will not satisfy this requirement for automatic
openings.
5. 5. Storage of Materials and Equipment
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
warning and in accordance with a plan approved by the Governing
Body.
6. 6. Structural works for flood control that will change the course,
current or cross section of protected wetlands or public waters shall
be subject to the provisions of Minnesota Statute, Chapter 103G.
Community -wide structural works for flood control intended to
remove areas from the regulatory flood plain shall not be allowed in
the floodway.
7 7,A levee, dike or floodwal constructed in the floodway shall not
cause an increase to the 100 -year or regional flood and the technical
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June 23, 2011
analysis must assume equal conveyance or storage loss on both sides
of a stream.
Subd. 5. Flood Fringe District (FF)
tA. Permitted Uses. Permitted uses shall be those uses of land or
structures listed as permitted uses in the underlying zoning use
district(s). If no pre- existing, underlying zoning use districts exist, then
any residential or non residentialnon- residential structure or use of a
structure or land shall be a permitted use in the Flood Fringe District
provided such use does not constitute a public nuisance. All permitted
uses shall comply with the standards for Flood Fringe District "Permitted
Uses" listed in Subd.5.B and the "Standards for all Flood Fringe Uses"
listed in Subd.5.E.
B. B. Standards for Flood Fringe Permitted Uses:
1. 1. All structures, including accessory structures, must be elevated
on fill so that the lowest floor including basement floor is at or above
the regulatory flood protection elevation. The finished fill elevation
for structures shall be no lower than two (2) feet below the regulatory
flood protection elevation and the fill shall extend at such elevation at
least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
2. 2. As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square
feet at its largest projection may be internally flood proofed in
accordance with Subd.4.D.5.
3. 3. The cumulative placement of fill where at any one time in
excess of one - thousand (1,000) cubic yards of fill is located on the
parcel shall be allowable only as a conditional use, unless said fill is
specifically intended to elevate a structure in accordance with
Subd.5.B.1 of this ordinance.
4. 4 The storage of any materials or equipment shall be elevated on
fill to the regulatory flood protection elevation.
5. 5. The provisions of Section 5.E of this Ordinance shall apply.
AC. Conditional Uses: Any structure that is not elevated on fill or flood
proofed in accordance with Subd.5.B.1 - 5.B.2 and or any use of land that
does not comply with the standards in Subd.5.B.3 - 5.B.4 shall only be
allowable as a conditional use. An application for a conditional use shall
Section 1050 (Overlay Districts) Page 37
June 23, 2011
be subject to the standards and criteria and evaluation procedures
specified in Subd.5.D -5.E and 10.D of this Ordinance.
D P-Standards for Flood Fringe Conditional Uses:
1_1. Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. These alternative methods may include the use
of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas
such as crawl spaces or tuck under garages. The base or floor of an
enclosed area shall be considered above -grade and not a structure's
basement or lowest floor if: 1) the enclosed area is above -grade on at
least one side of the structure; 2) it is designed to internally flood and
is constructed with flood resistant materials; and 3) it is used solely
for parking of vehicles, building access or storage. The above -noted
alternative elevation methods are subject to the following additional
standards:
a a Design and Certification. The structure's design and as -built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these
components during times of flooding.
b. 13Specific Standards for Above - grade, Enclosed Areas. Above -
grade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally flood and the design plans
must stipulate:
�A minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. There
shall be a minimum of two openings on at least two sides of the
structure and the bottom of all openings shall be no higher
than one -foot above grade. The automatic openings shall have
a minimum net area of not less than one square inch for every
square foot subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with
screens, louvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of flood waters
without any form of human intervention; and
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June 23, 2011
ii. ii. That the enclosed area will be designed of flood
resistant materials in accordance with the FP -3 or FP -4
classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
2. 2. Basements, as defined by Subd.2.H of this Ordinance, shall be
subject to the following:
a. a Residential basement construction shall not be allowed below
the regulatory flood protection elevation.
b. bNon-residential basements may be allowed below the
regulatory flood protection elevation provided the basement is
structurally dry flood proofed in accordance with Subd.5.D.3 of
this Ordinance.
3. 3. All areas of non - residential structures including basements to
be placed below the regulatory flood protection elevation shall be
flood proofed in accordance with the structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood
proofing must meet the FP -1 or FP -2 flood proofing classification in
the State Building Code and this shall require making the structure
watertight with the walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood proofed to the FP -3 or FP -4 classification
shall not be permitted.
4 'l. When at any one time more than 1,000 cubic yards of fill or
other similar material is located on a parcel for such activities as on-
site storage, landscaping, sand and gravel operations, landfills, roads,
dredge spoil disposal or construction of flood control works, an
erosion /sedimentation control plan must be submitted unless the
community is enforcing a state approved shoreland management
ordinance. In the absence of a state approved shoreland ordinance,
the plan must clearly specify methods to be used to stabilize the fill on
site for a flood event at a minimum of the 100 -year or regional flood
event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the
Governing Body. The plan may incorporate alternative procedures for
removal of the material from the flood plain if adequate flood warning
time exists.
5. 5. Storage of Materials and Equipment:
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June 23, 2011
a. aThe storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to human,
animal, or plant life is prohibited.
bb— Storage of other materials or equipment may be allowed if
readily removable from the area within the time available after a
flood warning and in accordance with a plan approved by the
Governing Body.
6. 6. The provisions of Section 5.5 of this Ordinance shall also apply.
E. E. Standards for All Flood Fringe Uses:
1_1. All new principal structures must have vehicular access at or
above an elevation not more than two (2) feet below the regulatory
flood protection elevation. If a variance to this requirement is
granted, the Board of Adjustment must specify limitations on the
period of use or occupancy of the structure for times of flooding and
only after determining that adequate flood warning time and local
flood emergency response procedures exist.
2. 2. Commercial Uses - accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the
regulatory flood protection elevation. However, a permit for such
facilities to be used by the employees or the general public shall not
be granted in the absence of a flood warning system that provides
adequate time for evacuation if the area would be inundated to a
depth and velocity such that when multiplying the depth (in feet)
times velocity (in feet per second) the product number exceeds four
(4) upon occurrence of the regional flood.
3. 3. Manufacturing and Industrial Uses - measures shall be taken to
minimize interference with normal plant operations especially along
streams having protracted flood durations. Certain accessory land
uses such as yards and parking lots may be at lower elevations subject
to requirements set out in Subd.5.E.2 above. In considering permit
applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
4. 4. Fill shall be properly compacted and the slopes shall be
properly protected by the use of riprap, vegetative cover or other
acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard
area designation for certain structures properly elevated on fill above
the 100 -year flood elevation - FEMA's requirements incorporate
specific fill compaction and side slope protection standards for multi-
Section 1050 (Overlay Districts) Page 40
June 23, 2011
structure or multi -lot developments. These standards should be
investigated prior to the initiation of site preparation if a change of
special flood hazard area designation will be requested.
5. 5. Flood plain developments shall not adversely affect the
hydraulic capacity of the channel and adjoining flood plain of any
tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
6. 6. Standards for recreational vehicles are contained in Subd.9.C.
77. All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation, collapse
and lateral movement. Methods of anchoring may include, but are not
to be limited to, use of over - the -top or frame ties to ground anchors.
This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
Subd. 6. General Flood Plain District
A. 4-Permissible Uses:
41. The uses listed in Subd.4.A of this Ordinance shall be permitted
uses.
13,2. All other uses shall be subject to the floodway /flood fringe
evaluation criteria pursuant to Subd.6.B below. Subd.4.shall apply if
the proposed use is in the Floodway District and Subd.5.shall apply if
the proposed use is in the Flood Fringe District.
B. I?)Procedures for Floodway and Flood Fringe Determinations Within the
General Flood Plain District.
A 1. Upon receipt of an application for a permit or other approval
within the General Flood Plain District, the applicant shall be required
to furnish such of the following information as is deemed necessary
by the Zoning Administrator for the determination of the regulatory
flood protection elevation and whether the proposed use is within the
Floodway or Flood Fringe District.
A,a. A typical valley cross - section(s) showing the channel of the
stream, elevation of land areas adjoining each side of the channel,
cross - sectional areas to be occupied by the proposed
development, and high water information.
Section 1050 (Overlay Districts) Page 41
June 23, 2011
lib. Plan (surface view) showing elevations or contours of the
ground, pertinent structure, fill, or storage elevations, the size,
location, and spatial arrangement of all proposed and existing
structures on the site, and the location and elevations of streets.
&c. Photographs showing existing land uses, vegetation upstream and
downstream, and soil types.
ad. Profile showing the slope of the bottom of the channel or flow
line of the stream for at least 500 feet in either direction from the
proposed development.
13,2. The applicant shall be responsible to submit one copy of the
above information to a designated engineer or other expert person or
agency for technical assistance in determining whether the proposed
use is in the Floodway or Flood Fringe District and to determine the
regulatory flood protection elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44
Code of Federal Regulations Part 65 shall be followed in this expert
evaluation. The designated engineer or expert is strongly encouraged
to discuss the proposed technical evaluation methodology with the
respective Department of Natural Resources' Area Hydrologist prior
to commencing the analysis. The designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
&b. Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
&c. Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 foot. A lesser
stage increase than .5' shall be required if, as a result of the
additional stage increase, increased flood damages would result.
An equal degree of encroachment on both sides of the stream
within the reach shall be assumed in computing floodway
boundaries.
Q3. The Zoning Administrator shall present the technical
evaluation and findings of the designated engineer or expert to the
City Council. The City Council must formally accept the technical
evaluation and the recommended Floodway and /or Flood Fringe
District boundary or deny the permit application. The City Council,
prior to official action, may submit the application and all supporting
data and analyses to the Federal Emergency Management Agency, the
Department of Natural Resources or the Planning Commission for
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June 23, 2011
review and comment. Once the Floodway and Flood Fringe District
Boundaries have been determined, the City Council shall refer the
matter back to the Zoning Administrator who shall process the permit
application consistent with the applicable provisions of Subd.4. and
5.of this Section.
Subd. 7. Subdivisions
A. Review Criteria: No land shall be subdivided which is unsuitable for the
reason of flooding, inadequate drainage, water supply or sewage
treatment facilities. All lots within the flood plain districts shall be able to
contain a building site outside of the Floodway District at or above the
regulatory flood protection elevation. All subdivisions shall have water
and sewage treatment facilities that comply with the provisions of this
Section and have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood
protection elevation. For all subdivisions in the flood plain, the Floodway
and Flood Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads shall be clearly
labeled on all required subdivision drawings and platting documents.
B. Floodway /Flood Fringe Determinations in the General Flood Plain
District: In the General Flood Plain District, applicants shall provide the
information required in Subd.6.B of this Ordinance to determine the 100 -
year flood elevation, the Floodway and Flood Fringe District boundaries
and the regulatory flood protection elevation for the subdivision site.
C. Removal of Special Flood Hazard Area Designation: The Federal
Emergency Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for certain structures
properly elevated on fill above the 100 -year flood elevation. FEMA's
requirements incorporate specific fill compaction and side slope
protection standards for multi - structure or multi -lot developments.
These standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be
requested.
Subd. 8. Public Utilities, Railroads, Roads and Bridges
A. Public Utilities. All public utilities and facilities such as gas, electric,
sewer, and water supply systems to be located in the flood plain shall be
flood - proofed in accordance with the State Building Code or elevated to
above the Regulatory Flood Protection Elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Subd. 4. and 5. of this
Section 1050 (Overlay Districts) Page 43
June 23, 2011
Section. Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not
endanger the public health or safety.
C. On -site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On -site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the
systems; and 2) New or replacement on -site sewage treatment systems
must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters and
they shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on -site sewage treatment systems
shall be determined to be in compliance with this Section.
Subd. 9. Manufactured Homes and Manufactured Home Parks and Placement of
Recreational Vehicles.
A A New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions placed on
subdivisions by Subd.7. of this Section.
B_lThe placement of new or replacement manufactured homes in
existing manufactured home parks or on individual lots of record that are
located in flood plain districts will be treated as a new structure and may
be placed only if elevated in compliance with Subd.5. of this Section. If
vehicular road access for pre- existing manufactured home parks is not
provided in accordance with Subd.E.1, then replacement manufactured
homes will not be allowed until the property owner(s) develops a flood
warning emergency plan acceptable to the Governing Body.
C. 4All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not to be limited
to, use of over - the -top or frame ties to ground anchors. This requirement
is in addition to applicable state or local anchoring requirements for
resisting wind forces.
D. Recreational vehicles that do not meet the exemption criteria
specified in Subd.9.C.1. below shall be subject to the provisions of this
Ordinance and as specifically spelled out in Subd.9.C.3 below.
Section 1050 (Overlay Districts) Page 44
June 23, 2011
1. Exemption - Recreational vehicles are exempt from the
provisions of this Ordinance if they are placed in any of the areas
listed in Subd.9.C.2 below and further they meet the following criteria:
4a. Have current licenses required for highway use.
l -b. Are highway ready meaning on wheels or the internal jacking
system, are attached to the site only by quick disconnect type
utilities commonly used in campgrounds and recreational vehicle
parks and the recreational vehicle has no permanent structural
type additions attached to it.
&c.The recreational vehicle and associated use must be permissible in
any pre- existing, underlying zoning use district.
12. Areas Exempted For Placement of Recreational Vehicles:
a. Individual lots or parcels of record.
lib. Existing commercial recreational vehicle parks or
campgrounds.
&c. Existing condominium type associations.
Q3. Recreational vehicles exempted in Subd.9.C.1 lose this
exemption when development occurs on the parcel exceeding $500
for a structural addition to the recreational vehicle or exceeding $500
for an accessory structure such as a garage or storage building. The
recreational vehicle and all additions and accessory structures will
then be treated as a new structure and shall be subject to the
elevation /flood proofing requirements and the use of land restrictions
specified in Subd.4. and 5. There shall be no development or
improvement on the parcel or attachment to the recreational vehicle
that hinders the removal of the recreational vehicle to a flood free
location should flooding occur.
4. 4. New commercial recreational vehicle parks or campgrounds
and new residential type subdivisions and condominium associations
and the expansion of any existing similar use exceeding five (5) units
or dwelling sites shall be subject to the following:
a. Any new or replacement recreational vehicle will be allowed in the
Floodway or Flood Fringe Districts provided said recreational
vehicle and its contents are placed on fill above the regulatory
flood protection elevation and proper elevated road access to the
site exists in accordance with Subd.5.E.1 of this Section. No fill
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June 23, 2011
placed in the floodway to meet the requirements of this Section
shall increase flood stages of the 100 -year or regional flood.
B b. All new or replacement recreational vehicles not meeting the
criteria of (a) above may, as an alternative, be allowed as a
conditional use if in accordance with the following provisions and
the provisions of 10.D of this Section. The applicant must submit
an emergency plan for the safe evacuation of all vehicles and
people during the 100 -year flood. Said plan shall be prepared by a
registered engineer or other qualified individual, shall
demonstrate that adequate time and personnel exist to carry out
the evacuation, and shall demonstrate the provisions of
Subd.9.C.1(a) and (b) of this Ordinance will be met. All attendant
sewage and water facilities for new or replacement recreational
vehicles must be protected or constructed so as to not be impaired
or contaminated during times of flooding in accordance with
Subd.8.0 of this Section.
Subd. 10. Administration
A. A-Zoning Administrator: A Zoning Administrator or other official
designated by the Governing Body shall administer and enforce this
Ordinance. If the Zoning Administrator finds a violation of the provisions
of this Ordinance the Zoning Administrator shall notify the person
responsible for such violation in accordance with the procedures stated
in Subd. 12. Permit Requirements:
1. 1. Permit Required. A Permit issued by the Zoning Administrator
in conformity with the provisions of this Ordinance shall be secured
prior to the erection, addition, modification, rehabilitation (including
normal maintenance and repair), or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a
building, structure, or land; prior to the construction of a dam, fence,
or on -site septic system; prior to the change or extension of a
nonconforming use; prior to the repair of a structure that has been
damaged by flood, fire, tornado, or any other source; and prior to the
placement of fill, excavation of materials, or the storage of materials
or equipment within the flood plain.
2. 2. Application for Permit. Application for a permit shall be made
in duplicate to the Zoning Administrator on forms furnished by the
Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed
structures, fill, or storage of materials; and the location of the
foregoing in relation to the stream channel.
Section 1050 (Overlay Districts) Page 46
June 23, 2011
3. 3. State and Federal Permits. Prior to granting a permit or
processing an application for a conditional use permit or variance, the
Zoning Administrator shall determine that the applicant has obtained
all necessary state and federal permits.
P4. Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit the
use or occupancy of any building or premises or part thereof hereafter
created, erected, changed, converted, altered, or enlarged in its use or
structure until a certificate of zoning compliance shall have been
issued by the Zoning Administrator stating that the use of the building
or land conforms to the requirements of this Ordinance.
15. Construction and Use to be as Provided on Applications, Plans,
Permits, Variances and Certificates of Zoning Compliance. Permits,
conditional use permits, or certificates of zoning compliance issued on
the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be
deemed a violation of this Ordinance, and punishable as provided by
Subd.12. of this Section.
6. 6. Certification. The applicant shall be required to submit
certification by a registered professional engineer, registered
architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the
provisions of this Ordinance. Flood proofing measures shall be
certified by a registered professional engineer or registered architect.
7_7. Record of First Floor Elevation. The Zoning Administrator
shall maintain a record of the elevation of the lowest floor (including
basement) of all new structures and alterations or additions to
existing structures in the flood plain. The Zoning Administrator shall
also maintain a record of the elevation to which structures or
alterations and additions to structures are flood proofed.
8. 8. Notifications for Watercourse Alterations. The Zoning
Administrator shall notify, in riverine situations, adjacent
communities and the Commissioner of the Department of Natural
Resources prior to the community authorizing any alteration or
relocation of a watercourse. If the applicant has applied for a permit
to work in the beds of public waters pursuant to Minnesota Statute,
Chapter 103G, this shall suffice as adequate notice to the
Commissioner of Natural Resources. A copy of said notification shall
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June 23, 2011
also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
99. Notification to FEMA When Physical Changes Increase or
Decrease the 100 -year Flood Elevation. As soon as is practicable, but
not later than six (6) months after the date such supporting
information becomes available, the Zoning Administrator shall notify
the Chicago Regional Office of FEMA of the changes by submitting a
copy of said technical or scientific data.
B. l -City Council
11. Rules. The City Council shall adopt rules for the conduct of
business and may exercise all of the powers conferred on such
Councils by State law.
2. 2. Administrative Review. The City Council shall hear and decide
appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the
enforcement or administration of this Section.
3. 3. Variances. The City Council may authorize upon appeal in
specific cases such relief or variance from the terms of this Section as
will not be contrary to the public interest and only for those
circumstances such as hardship, practical difficulties or circumstances
unique to the property under consideration, as provided for in the
respective enabling legislation for planning and zoning for cities or
counties as appropriate. In the granting of such variance, the City
Council shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in this Section, any other
zoning regulations in the City of Corcoran, and in the respective
enabling legislation that justified the granting of the variance. No
variance shall have the effect of allowing in any district uses
prohibited in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area,
or permit standards lower than those required by state law. The
following additional variance criteria of the Federal Emergency
Management Agency must be satisfied:
4a. Variances shall not be issued by a community within any
designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
lib. Variances shall only be issued by a community upon (i) a
showing of good and sufficient cause, (ii) a determination that
failure to grant the variance would result in exceptional
Section 1050 (Overlay Districts) Page 48
June 23, 2011
hardshippractical difficulties to the applicant, and (iii) a
determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
&c.Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
4. 4. Hearings. Upon filing with the City Council of an appeal from a
decision of the Zoning Administrator, or an application for a variance,
the City Council shall fix a reasonable time for a hearing and give due
notice to the parties in interest as specified by law. The City Council
shall submit by mail to the Commissioner of Natural Resources a copy
of the application for proposed variances sufficiently in advance so
that the Commissioner will receive at least ten days notice of the
hearing.
5_5. Decisions. The City Council shall arrive at a decision on such
appeal or variance within 60 days. In passing upon an appeal, the City
Council may, so long as such action is in conformity with the
provisions of this Section, reverse or affirm, wholly or in part, or
modify the order, requirement, decision or determination of the
Zoning Administrator or other public official. It shall make its
decision in writing setting forth the findings of fact and the reasons
for its decisions. In granting a variance the Board of Adjustment may
prescribe appropriate conditions and safeguards such as those
specified in Subd.10.6, which are in conformity with the purposes of
this Ordinance. Violations of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be
deemed a violation of this Ordinance punishable under Subd.12. A
copy of all decisions granting variances shall be forwarded by mail to
the Commissioner of Natural Resources within ten (10) days of such
action.
6. 6 . Appeals. Appeals from any decision of the City Council may be
made, and as specified in this community's official controls and also
by Minnesota Statutes.
7. 7 . Flood Insurance Notice and Record Keeping. The Zoning
Administrator shall notify the applicant for a variance that: 1) The
issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage and 2) Such
Section 1050 (Overlay Districts) Page 49
June 23, 2011
construction below the 100 -year or regional flood level increases
risks to life and property. Such notification shall be maintained with a
record of all variance actions. A community shall maintain a record of
all variance actions, including justification for their issuance, and
report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance
Program.
C. Conditional Uses. The City Council shall hear and decide applications
for conditional uses permissible under this Ordinance. Applications shall
be submitted to the Zoning Administrator who shall forward the
application to City Council for consideration.
1. 1. Hearings. Upon filing with the City Council an application for a
conditional use permit, the City Council shall submit by mail to the
Commissioner of Natural Resources a copy of the application for
proposed conditional use sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
2. 2. Decisions. The City Council shall arrive at a decision on a
conditional use within 60 days. In granting a conditional use permit
the City Council shall prescribe appropriate conditions and
safeguards, in addition to those specified in Subd.10, which are in
conformity with the purposes of this Ordinance. Violations of such
conditions and safeguards, when made a part of the terms under
which the conditional use permit is granted, shall be deemed a
violation of this Ordinance punishable under Subd.12. A copy of all
decisions granting conditional use permits shall be forwarded by mail
to the Commissioner of Natural Resources within ten (10) days of
such action.
3. 3. Procedures to be followed by the City Council in Passing on
Conditional Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such of the following information
and additional information as deemed necessary by the City
Council for determining the suitability of the particular site for the
proposed use:
Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or proposed
structures, fill, storage of materials, flood proofing measures,
and the relationship of the above to the location of the stream
channel; and
h
Section 1050 (Overlay Districts) Page 50
June 23, 2011
ii. ii. Specifications for building construction and materials,
flood proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
b. Transmit one copy of the information described in subsection (a)
to a designated engineer or other expert person or agency for
technical assistance, where necessary, in evaluating the proposed
project in relation to flood heights and velocities, the seriousness
of flood damage to the use, the adequacy of the plans for
protection, and other technical matters.
c. -Based upon the technical evaluation of the designated engineer
or expert, the City Council shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use
in relation to the flood hazard.
P4. Factors Upon Which the Decision of the City Council Shall Be
Based. In passing upon conditional use applications, the City Council
shall consider all relevant factors specified in other sections of this
Section, and:
a. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and
unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility
to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for
the proposed use.
h. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
Section 1050 (Overlay Districts) Page 51
June 23, 2011
i. The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
j. The safety of access to the property in times of flood for ordinary
and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site
1. Such other factors which are relevant to the purposes of this
Section.
5. 5. Time for Acting on Application. The City Council shall act on an
application in the manner described above within 60 days from
receiving the application, except that where additional information is
required pursuant to 10.44 of this Ordinance. The City Council shall
render a written decision within 30 days from the receipt of such
additional information.
6. 6. Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of this
Ordinance, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the
purposes of this Ordinance. Such conditions may include, but are not
limited to, the following:
4a. Modification of waste treatment and water supply facilities
lib. Limitations on period of use, occupancy, and operation.
&c.Imposition of operational controls, sureties, and deed restrictions.
DA. Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
£le.Flood proofing measures, in accordance with the State Building
Code and this Ordinance. The applicant shall submit a plan or
document certified by a registered professional engineer or
architect that the flood proofing measures are consistent with the
regulatory flood protection elevation and associated flood factors
for the particular area.
Subd. 11. Nonconforming Uses.
Section 1050 (Overlay Districts) Page 52
June 23, 2011
A. A structure or the use of a structure or premises which was lawful before
the passage or amendment of this Ordinance but which is not in
conformity with the provisions of this Ordinance may be continued
subject to the following conditions. Historic structures, as defined in
Subd.2.H of this Ordinance, shall be subject to the provisions of Subd.11.B
and C of this Ordinance.
B. No such use shall be expanded, changed, enlarged, or altered in a way that
increases its nonconformity.
C. Any structural alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory
Flood Protection Elevation in accordance with any of the elevation on fill
or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing
classifications) allowable in the State Building Code, except as further
restricted in 11.D and 11.G below.
D. The cost of any structural alterations or additions to any nonconforming
structure over the life of the structure shall not exceed 50 percent of the
market value of the structure unless the conditions of this Section are
satisfied. The cost of all structural alterations and additions constructed
since the adoption of the City's initial flood plain controls must be
calculated into today's current cost which will include all costs such as
construction materials and a reasonable cost placed on all manpower or
labor. If the current cost of all previous and proposed alterations and
additions exceeds 50 percent of the current market value of the structure,
then the structure must meet the standards of Subd.4. or 5. of this
Ordinance for new structures depending upon whether the structure is in
the Floodway or Flood Fringe District, respectively.
E. If any nonconforming use is discontinued for 12 consecutive months, any
future use of the building premises shall conform to this Ordinance. The
Assessor shall notify the Zoning Administrator in writing of instances of
nonconforming uses that have been discontinued for a period of 12
months.
F. If any nonconforming use or structure is substantially damaged, as
defined in Subd2.Hof this Ordinance, it shall not be reconstructed except
in conformity with the provisions of this Ordinance. The applicable
provisions for establishing new uses or new structures in Sudb.4., 5. or 6.
will apply depending upon whether the use or structure is in the
Floodway, Flood Fringe or General Flood Plain District, respectively.
G. If a substantial improvement occurs, as defined in Subd2.H of this
Ordinance, from any combination of a building addition to the outside
Section 1050 (Overlay Districts) Page 53
June 23, 2011
dimensions of the existing building or a rehabilitation, reconstruction,
alteration, or other improvement to the inside dimensions of an existing
nonconforming building, then the building addition (as required by
Subd11.B above) and the existing nonconforming building must meet the
requirements of Subd.4. or 5. of this Ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe
District, respectively.
Subd. 12. Penalties for Violation.
A. Violation of the provisions of this Ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses)
shall constitute a misdemeanor and shall be punishable as defined by law.
B. Nothing herein contained shall prevent the City of Corcoran from taking
such other lawful action as is necessary to prevent or remedy any
violation. Such actions may include but are not limited to:
1. In responding to a suspected Ordinance violation, the Zoning
Administrator and Local Government may utilize the full array of
enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after - the -fact permits, orders for
corrective measures or a request to the National Flood Insurance
Program for denial of flood insurance availability to the guilty party.
The Community must act in good faith to enforce these official
controls and to correct Ordinance violations to the extent possible so
as not to jeopardize its eligibility in the National Flood Insurance
Program.
2. When an Ordinance violation is either discovered by or brought to the
attention of the Zoning Administrator, the Zoning Administrator shall
immediately investigate the situation and document the nature and
extent of the violation of the official control. As soon as is reasonably
possible, this information will be submitted to the appropriate
Department of Natural Resources' and Federal Emergency
Management Agency Regional Office along with the Community's plan
of action to correct the violation to the degree possible.
3. The Zoning Administrator shall notify the suspected party of the
requirements of this Ordinance and all other official controls and the
nature and extent of the suspected violation of these controls. If the
structure and /or use is under construction or development, the
Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by
the Community. If the construction or development is already
Section 1050 (Overlay Districts) Page 54
June 23, 2011
completed, then the Zoning Administrator may either: (1) issue an
order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance
with the official controls; or (2) notify the responsible party to apply
for an after - the -fact permit /development approval within a specified
period of time not to exceed 30 -days.
4. If the responsible party does not appropriately respond to the Zoning
Administrator within the specified period of time, each additional day
that lapses shall constitute an additional violation of this Ordinance
and shall be prosecuted accordingly. The Zoning Administrator shall
also upon the lapse of the specified response period notify the
landowner to restore the land to the condition which existed prior to
the violation of this Ordinance.
Subd. 13. Amendments.
The flood plain designation on the Official Zoning Map shall not be removed
from flood plain areas unless it can be shown that the designation is in error
or that the area has been filled to or above the elevation of the regulatory
flood protection elevation and is contiguous to lands outside the flood plain.
Special exceptions to this rule may be permitted by the Commissioner of
Natural Resources if he determines that, through other measures, lands are
adequately protected for the intended use.
All amendments to this Ordinance, including amendments to the Official
Zoning Map, must be submitted to and approved by the Commissioner of
Natural Resources prior to adoption. Changes in the Official Zoning Map
must meet the Federal Emergency Management Agency's (FEMA) Technical
Conditions and Criteria and must receive prior FEMA approval before
adoption. The Commissioner of Natural Resources must be given 10 -days
written notice of all hearings to consider an amendment to this Ordinance
and said notice shall include a draft of the Ordinance amendment or technical
study under consideration.
1 {Ord. 202, passed 08 26 04; Ord. 211, passed 12 21 04)
Section 1050 (Overlay Districts) Page 55
June 23, 2011
1050.010 Downtown Overlay District
Subd. 1. Purpose. The purpose of the Corcoran Downtown Overlay District (DOD) is
to provide for thc orderly and integrated development of a high quality downtown. The
Overlay District applies only to the portion of thc downtown that lies on the cast side of
County Road 116 and identified on the Zoning Map.
Subd. 2. Intent. The intent of this overlay district is to:
A. Establish an identifiable downtown for the City of Corcoran.
B. Create an orderly and integrated development of a high quality downtown for
Corcoran that includes a mix of shops, restaurants, offices, housing, recreation, community
friendly and auto accessible.
C. Provide pedestrian friendly environments that include connections between civic
spaces, retail and adjacent residential neighborhoods.
D. Promote high quality architectural and site design.
E. Provide standards for development within this district.
Subd. 3. Application and Reference Materials. The Downtown Overlay District (DOD)
applies to the designated ar a within thc South ast Ar a of the City of Corcoran refer to
the Zoning Map or the Southeast District Plan (located in the Appendix) for mapped
boundaries.
The DOD is where development will be most concentrated, and where controls are needed
to produce the traditional "Main Street" qualities that Corcoran is seeking. In addition to
this section, the General Design Guidelines, thc Southeast District Plan and Dcsign
Guidelines and the Downtown Design Guidelines (all in Appendix A) provide more
information about the design of street networks, site planning, placement of buildings,
architecture, lighting, signage, materials, and design of the public realm. Special design
respective properties within the Downtown Overlay District.
Subd. 1. Permitted and Non Permitted Uses. Areas within thc DOD shall be developed
as Planned Unit Development. All permitted uscs, permitted acccssory uscs, conditional
standards in the DOD and thc Downtown Dcsign Guidelines.
Subd. 5. Streets and Sidewalk Network.
A. Developments that include public or private streets shall connect with and provide
for the future extension of the community's street network.
Section 1050 (Overlay Districts) Page 57
June 23, 2011
B. Sidewalks are required along all public and private streets within thc DOD. The
location and alignment of new sidewalks shall connect directly with adjacent existing
networks. The width of the sidewalk shall be consistent with City policy.
C. Where the sidewalk along the public street is interrupted by a curb cut, the walkway
across the driveway shall be delineated by elevated pavement or by use of contrasting
pavement materials that meet ADA accessibility standards.
D. On street parking shall be incorporated with thc street design within the DOD.
Parking zones shall be defined either by curbing or with a change in paving materials.
E. Curb Cuts. The number and width of curb cuts shall be limited in conformance with
City policy. Sites with multiple buildings shall have unified /joint access.
F. Street trees shall be regularly spaced and planted at no less than one tree per 40
lineal feet of frontage on any street within the DOD. Street trees should be located between
the sidewalk and the curb or coordinated as part of a streetscape design.
G. Utility Installation. New utilities shall be placed underground. Compatible lines
[e.g., electric, phone, cable) shall be placed in a common trench.
Subd. 6. Off Street Parking.
A. No parking spaces shall be located between the immediate front of the principal
structure and the abutting front lot line.
B. No more than 50 percent of the parking provided on the lot shall be located between
the rear building line and the front yard lot line.
C. Off street parking lots shall conform to landscape and buffer requirements as
defined in the Landscaping section of the DOD and Zoning Ordinance.
D. No parking spaces shall be located on corner lots at the point of street intersections.
E. Pedestrian Circulation. Clearly defined, safe pedestrian access shall be provided
from parking areas, adjacent public rights of way, and public and private open space to
building entrances. Pedestrian walkways traversing parking lots with more than 60
parking spaces shall meet the following standards:
separated from vehicles by curbing or landscaping.
B. Walkways that cross parking lot drive aisles shall be delineated by stripes,
contrasting pavement materials, elevated pavement, or a combination of these measures.
Section 1050 (Overlay Districts)
June 23, 2011
Page 58
Subd. 7. Site Design Standards.
A. Street Edge Requirement. A consistent street edge must be maintained at the right
of way line along all street frontages. Street edge elements may consist of the primary
building, low masonry walls, fences, landscaping or a combination of all of these elements.
B. Maximum Encroachment. With the approval of the agency having jurisdiction over
the right of way, awnings and arm signs may be permitted to encroach within the public
right of way as follows:
A. Awnings within 2 feet of the face of the curb
B. Signs 4 feet
C. All ground mounted mechanical equipment shall be screened and properly
maintained with material similar to or compatible with material used on the main
structure. Screened mechanical equipment shall not be located in the front side yard, but
may be located at the side or rear yard.
D. Trash and recycling storage areas shall be designed internal to the principal
building and shall not be allowed in an external fenced structure. Trash and recycling
E. Loading areas and docks shall be limited to the rear of the principal building and
shall not be visible from the street. These areas shall be screened from adjacent residential
areas by fencing, walls, or landscaping. Screening shall block views from public right of
way or adjacent uses and shall be equally effective in winter and summer.
F. Drive throughs, where permitted, are subject to the following standards:
1. Compliance with Section 1060.060, Subd. 12 of this ordinance.
3. The required circulation and stacking for the drive through shall not be located in
the front yard.
Subd. 8. Landscaping.
A. The periphery of all parking lots shall be well landscaped and screened from the
public right of way. If a parking lot exists along the primary right of way it must contain a
landscaped edge that contains low scrubs, street trees, a fence, street wall or a combination
of these elements.
Section 1050 (Overlay Districts)
June 23, 2011
Page 59
B. Interior landscaped ar as for parking lots shall equal or exceed 10 percent of the
area for vehicular parking and parking aisles. Exception: Does not apply when parking area
C. One shade tree shall bc provided per 1,000 square feet of thc area for vehicular
parking and parking aisles.
D. Existing trees shall be maintained and preserved to the extent possible.
E. Landscaping shall emphasize massing of plant materials over isolated or scattered
placement of individual specimens.
Subd. 9. Building Design Standards.
A. Architectural style shall not be restricted. Evaluation of a project shall bc based on
the quality of its design and on its relationship to its surroundings, guided by the
provisions in this section and the Design Guidelines in the Appendix.
B. The architectural appearance, including building character, permanence, massing,
composition, and scale of all principal buildings shall comply with the Design Guidelines in
the Appendix.
C. The main entrance should always face thc primary street with sccondary cntranccs
to the side or r ar. In the case of a corner building or a building abutting more than one
street, the City will determine which street should be considered primary.
D. All sides of buildings shall have an equal appearance in terms of materials and
general design.
E. Building Frontage. At least 60% of the primary street linear frontage of each lot
shall bc occupied by a building at thc required build to line.
F. Facade Articulation. Building facades that exceed 10 feet in length measured along
the street frontagc shall be divided into smaller increments (between 20 and 40 feet)
through articulation of thc facade. Thcsc articulations can bc recesses or projections of the
facade, changes in materials and /or architectural elements such as recessed entries and
arcades.
G. Windows. At lest 10% of the wall surface at the street side of the first story shall
consist of clear windows and doors that allow a view into the working areas, lobbies or
display areas.
H. Roofs. Building facades that exceed 100 feet in length measured along the street
frontage shall have variations in roofline or rooftop parapet. Rooftop equipment shall be
vertical rise that exceeds the average height of supporting walls are not allowed.
Section 1050 (Overlay Districts)
June 23, 2011
Page 60
I. Acceptable Materials. Exterior building materials shall not be so at variance with
the exterior materials of existing structures within the immediate area or the downtown as
a whole. Exterior building finishes shall consist of materials comparable in grade and
quality to the following:
i. Brick
ii. Natural Stone
iii. Wood, provided surfaces are finished for exterior use and only woods of proven
exterior durability are used such as cedar, redwood, and cypress
iv. Glass. Including glass curtain wall panels
v. Tilt Up concrete panels that have a grid or brick like appearance
vi. EIFS (Exterior Insulating and Finishing System) may be used as an accent but not a
primary material.
v
i. Metal may be used as an accent but not a primary material.
J. Franchise Architecture. Franchise architecture (building design that is trademarked
or identified with a particular chain or corporation and is generic in nature) shall be
revised if it does not comply with other Downtown Overlay District standards.
Subd. 10. Area Requirements.
Minimum lot ar a
NA
Minimum lot width
NA
Minimum lot depth
NA
Structure Setbacks:
From Arterial Streets
100 feet (minimum)
Front, From all other streets
15 feet (maximum)
Side
Nerve
Side (commercial adjacent to
residential)
10 feet (minimum)
Rear
10 feet (minimum)
Section 1050 (Overlay Districts)
June 23, 2011
Page 61
SECTION 1060 - PERFORMANCE STANDARDS
1060.010 - Exterior Storage
Subd. 1. Outside Storage. As otherwise regulated, all outdoor storage is prohibited
except:
4,A. Clothes line poles and wires.
2,B. Construction and landscaping material if they are used on the
premises for construction within 6 months.
3,C. Swings, slides and other play equipment.
4D. Outdoor furniture and lawn and garden equipment.
&E. Wood for burning in a fireplace, stove or furnace provided it is stored
as follows:
1. In a neat and secure stack, not exceeding 4 feet.
12. The wood stack is not infested with rodents.
Q3. The wood is not kept in a front yard.
6 F. Storage of recreational vehicles and unoccupied trailers less than 30
feet long, boats, all - terrain vehicles and snowmobiles may be stored in
the side or rear yard, provided they comply with a minimum setback of
10 feet.
7,G. Agricultural equipment and materials, if these are used on the
premises within a period of 12 months. Except that Agricultural uses on
properties that are used for "true farming" as defined by the City Code are
exempt from this requirement.
Subd. 2. Non - Residential Zoning Districts.
A. Outside Storage /Display. Exterior storage and display shall be governed
by the respective zoning district in which such use is located.
B. Additional Standards. All exterior storage shall be located in the rear or
side yard and shall be screened so as not to be visible from adjoining
properties and public streets except for the following:
1. Merchandise being displayed for sale in accordance with zoning
district requirements.
Section 1060 (Performance Standards) Page 1
June 23, 2011
2. Materials and equipment currently being used for construction on the
premises.
Subd. 3. All Zoning Districts.
A. Except for temporary construction trailers and mobile services operated
by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as
allowed by the City, and trailers parked in a designated and improved
loading area, no vehicle may be used for office, business, industrial
manufacturing, testing, or storage of items used with or in a business,
commercial or industrial enterprise, unless otherwise approved by the
Zoning Administrator.
B. The City Council may order the owner of any property to cease or modify
open storage uses including existing uses, provided it is found that such
use constitutes a threat to the public health, safety, convenience, or
general welfare.
(Ord. 231, passed 02 09 06)
1060.020 - Refuse
Subd. 1. Storage of Garbage and Trash.
-1,A. No exterior incineration of trash or garbage is permissible.
2,B. No exterior storage of trash or garbage is permissible except in an
accessory building enclosed by walls and roof or in closed containers
within a totally screened area. Covered garbage cans in agricultural and
single - family districts are exempt from these screening requirements.
3,C. Any accumulation of refuse not stored in containers which comply
with City Code, or any accumulation of refuse including car parts which
has remained on a property for more than 30 days is hereby declared to
be a nuisance and may be abated by order of the Zoning Administrator, as
provided by Minnesota Statutes.
Subd. 2. Storage of Vehicles.
A. Except where otherwise allowed as exterior storage or in a zoning
district, trucks with a gross vehicle weight rating (GVWR) of 12,000
pounds or more, or greater than 30 feet in length, as well as contracting
or excavating equipment, storage trailers, and mobile storage
compartments shall not be parked, stored or otherwise located on any
Section 1060 (Performance Standards) Page 2
June 23, 2011
property within the City unless being used in conjunction with a
temporary service benefiting the premises.
B. Parking of Commercial Vehicles. In the commercial or business park
zoning districts, up to 3 commercial vehicles such as delivery and service
trucks up to 12,000 pounds gross vehicle weight rating (GVWR) may be
parked without screening if such vehicles relate to the principal use.
Construction equipment, trailers, and vehicles over 12,000 pounds GVWR
shall require screening in compliance with this Chapter.
C. Passenger automobiles and trucks not currently licensed by the State, or
which are incapable of movement under their own power due to
mechanical deficiency, which are parked or stored outside for a period in
excess of 30 days, and all materials stored outside in violation of the City
Ordinances are considered refuse or junk and shall be disposed of
pursuant to City regulations.
D. No motor vehicle repair work of any kind shall be permitted in
conjunction with exposed off - street parking facilities, except for minor
repairs of vehicles owned by the occupant or resident of the principal use
for which the parking space is intended. No exterior storage of car parts
is allowed at any time.
1060.030 - Screening
Subd. 1.
Screening of Mechanical Equipment. All rooftop and ground mounted
mechanical equipment of multi- family and non - residential buildings shall
comply with the following standards:
B -A. All rooftop and ground mounted mechanical equipment shall be
buffered so as to mitigate noise in compliance with Section 1060.090 of
this Chapter.
&B. All rooftop and ground mounted mechanical equipment shall be
designed (including exterior color) and located so to be aesthetically
harmonious and compatible with the building. Screening of the
equipment may be required where the design, color, and location of the
equipment are found to not effectively buffer noise or provide aesthetic
harmony and compatibility as observed by a 6 -foot tall individual
standing at ground level on the adjacent property or public right -of -way.
Screening shall be constructed of durable materials which are
aesthetically compatible with the structure and which may be an integral
part of the structure. Applicable requirements for access to the
equipment shall be observed in the design and construction of the
screening.
Section 1060 (Performance Standards) Page 3
June 23, 2011
1C. Rooftop mechanical equipment less than 3 feet in height shall be
exempt from the screening requirements of this Chapter.
1060.040 - Lighting
Subd. 1. Except for single- and two- family homes located within the residential zoning
districts, all exterior lighting shall comply with the following standards:
A. Glare, whether direct or reflected, as differentiated from general
illumination shall not be visible beyond the limits of the site from which it
originates.
4,
2,B. No light which is flashing, revolving or otherwise resembles a traffic -
control signal shall be allowed in any area where it could create a hazard
for passing vehicular traffic.
3,C. Maximum Intensity of Lighting and Glare:
a,1.Any light or combination of lights shall not exceed one foot - candle
(meter reading) as measured from the property line or the centerline
of a public street.
b:2. Any lighting shall be arranged so as not to produce glare
beyond the property line. Lenses, deflectors, shields, louvers, or
prismatic control devices shall be used to eliminate glare.
4.D. General Performance Standards:
41. Light fixtures and freestanding luminaires shall have a cutoff
angle of less than or equal to 90 degrees.
112. The height of a freestanding luminaire shall not exceed 30 feet
or extend above the roof line of the principal building, whichever is
less.
Q3. Freestanding luminaires used for outdoor athletic fields and
recreation areas that exceed the height limitation may be approved by
conditional use permit.
DA. All canopy lighting for motor fuel stations shall be recessed
into the canopy.
Section 1060 (Performance Standards) Page 4
June 23, 2011
15. Accent lighting used to highlight building facades, foliage, or
selected architectural features shall be permitted provided the light
source is shielded.
1i6. Any lighting in existence before the effective date of this
ordinance that does not comply with the requirements shall be
considered legally non - conforming. However, if a property owner
proposes to replace 50 percent or more of the existing exterior light
fixtures or standards in any one year period, the fixtures or standards
must be replaced in conformance with this Chapter.
1060.050 - Building Standards
Subd. 1. Building Type and Construction.
a,A. General Provisions.
1. Quality. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with
surrounding properties to ensure that they will not adversely impact
the property values of the abutting properties or adversely impact the
public health, safety and general welfare.
B. Residential District Standards
1. All residential structures shall be finished with materials comparable
in grade and quality to the following:
a. Face Brick.
b. Natural stone or cultured stone.
c. Wood, provided the surfaces are finished for exterior use and
wood of proven exterior durability is used, such as cedar.
redwood, cypress.
d. Stucco or EIFS.
e. Vinyl siding
f. Fiber cement siding
the Zoning Administrator.
Section 1060 (Performance Standards)
June 23, 2011
Page 5
viii.
g. Other materials deemed appropriate and subject to approval by
the Zoning Administrator.
2. Roof Material. Dwellings shall have an earth covered, asphalt shingles,
wood shingled (include shakes), concrete, clay or ceramic -tiled roof.
In addition, metal roof coverings may be allowed by approval of the
Zoning Administrator via a Certificate of Compliance, provided they:
a. Meet the standards adopted by the which comply with the
Minnesota State Building Code,
b. Have concealed fasteners,
c. Are high quality commercial thickness /weight,
d. Have been treated with a factory applied color coating system
against any fading or degredatio» degradation.
3. All residential structures shall have permanent concrete or wood
foundations, which comply with the Minnesota State Building Code
and which is solid for the complete circumference of the house.
4. All residential dwellings must be built in conformance with the
Minnesota State Building Code.
5. All residential dwellings shall have roof overhangs which extend a
minimum of one (1) foot from the exterior wall of the structure.
C. Non - Residential District Standards
.. . • •
doors) may consist of curtain wall pancls of steel, fiberglass and
aluminum (non structural, non load b wring), provided such panels arc
factory fabricated and finished with a durable non fade surface and their
fasteners are of a corrosion resistant design.
13—
E1. Finishes. Exterior building finishes in all districts except the CR
district shall consist of materials comparable in grade and quality to
the following:
2,a.Face Brick.
fib. Natural stone or cultured stone.
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June 23, 2011
4c. Decorative concrete block or integral colored block.
5d. Cast in place concrete or pre -cast concrete panels.
6,e.Wood, provided the surfaces are finished for exterior use and
wood of proven exterior durability is used, such as cedar,
redwood, cypress. Up to 20% of any wall surface may consist of
wood materials
7,f. Curtain wall panels of steel, fiberglass and aluminum (non-
structural, non -load bearing), provided such panels are factory
fabricated and finished with a durable non -fade surface and their
fasteners are of a corrosion resistant design. Up to 20% of any
wall surface may consist of the materials outlined herein (excludes
overhead doors).
i. In the CR zoning district, 50% of any wall surface (excludes
overhead doors) may consist of curtain wall panels of steel,
fiberglass and aluminum (non - structural, non -load bearing),
provided such panels are factory fabricated and finished with a
durable non -fade surface and their fasteners are of a corrosion
resistant design.
&g.Glass curtain wall panels.
h. Stucco or EIFS.
i. Fiber cement siding
j. Other materials deemed appropriate and subject to the provisions
as outlined in the CUP provisionsapproval by the Zoning
Administrator.
2. Roof materials. For all non - residential structures roof materials shall
be reviewed as part of the site plan. Acceptable roofing materials
include asphalt shingles, wood shingles (including shake), concrete,
clay or ceramic tile roofs. Metal roofs with a pitch greater than 2:12
shall not be permitted except as provided below:
a. Additions or Alterations. When an expansion of an existing
structure is proposed, the existing facade shall be upgraded so that
25% or more of the existing structure conforms to the exterior
building material requirements as outlined herein, unless
otherwise approved by Conditional Use Permit. The
improvements shall be concentrated on the side facing the public
road and /or the side facing an area zoned for residential use.
Section 1060 (Performance Standards) Page 7
June 23, 2011
b. Color samples shall be provided for review and approval by the
City Council as part of the site plan review.
c. Metal roof coverings may be allowed for the above mentioned
circumstances, provided the following conditions are met:
i. Meet the standards adopted by the Minnesota State Building
Code.
ii. Have concealed fasteners,
iii. Are high quality commercial thickness /weight,
iv. Have been treated with a factory applied color coating system
against any fading or degradation.
10.
#D. Accessory Buildings.
1. Accessory buildings shall comply with the standards identified in
Section 1030.020 of this ordinance.
4,2. Accessory buildings shall have roof overhangs which extend a
minimum of one (1) foot from the exterior wall of the structure.
2. Accessory buildings located on parcels 3 acres in size or
smaller, must have identical roof and siding as the principal structure.
3. All accessory buildings, including aAgricultural buildings with metal
siding and /or roofing may be allowed by approval of the Zoning
Administrator via a Certificate of Compliance, provided they:
a. -meet the standards adopted by the Minnesota State Building
CodeMinnesota State Residential Code
Have concealed fasteners
b. haves been treated with a factory applied color coating system
against any fading or degradation.
c. Roof materials. For all commercial structures roof materials shall be
reviewed as part of the site plan. Metal roofs with a pitch greater than
2:12 shall not be permitted except as provided Subd. 1(A)5 of this
ordinance.
Section 1060 (Performance Standards) Page 8
June 23, 2011
Subd. 2.
Subd. 3.
A. Additions or Alterations. When an expansion of an existing structure
Conditional Use Permit. The improvements shall be concentrated on the
residential use.
it e
B. Colors to be used shall be "earth tone" and samples shall be provided
for consideration by the City Council.
19,E. Exceptions to the provisions of this section may be granted as a
conditional use permit subject to the process outlined in Section
1070.020 and provided that:
h1. The proposed building and material maintains the quality, durability
and value intended by the Ordinance.
1472. The proposed building is compatible and in harmony with
other existing structures within the district and immediate geographic
area.
i43. The provisions of Section 1070.020 are considered and
determined to be satisfied.
Prohibited Materials. Prohibited materials include face materials that rapidly
deteriorate or become unsightly such as unfinished /non - pigmented
structural concrete blockcxposed cinder blocks, galvanized metal, unglazed
structural clay tileunfinished tile or; common or back -up quality unfinished
brick or buildings comprised of exclusively metal.
Number of Buildings. No more than one principal building shall be located
on a single family residential lot, except in the case of operating farms as
provided for herein. No more than one principal building shall be located on
a multiple family residential lot or non - residential lot, except by conditional
use permit. The term principal building shall be given its common, ordinary
meaning as defined in Section 1020.020 of this Chapter.
1060.060 - Parking and Loading
Subd. 1. General Provisions.
4,A. Site Plans. All site plans submitted for a structure requiring parking
spaces and /or loading facilities shall show or designate the parking
and /or loading area(s), number of parking spaces, and type of surfacing,
screening, drainage, curbing, sidewalks, and other improvements which
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June 23, 2011
Subd. 2.
may be required to be installed. Said plan shall be a part of the building
permit for any such structure, and except for one and two family
dwellings, no final certificate of occupancy shall be issued until all items
shown on the plan for parking and loading facilities have been completed,
unless an agreement supported by a financial security is provided for the
completion of said plan.
-B. All site plans for single family homes must provide for location of a
one stall attached garage, whether or not construction is intended.
3,C. Change in Land Use. When the site intensity or use of a building
and /or property is increased with consequential effect upon the parking
requirements as prescribed in this section, the parking requirements as
prescribed herein shall be used to provide for such increase in the site
intensity and /or use.
4D. Reduction of Existing Off- Street Parking Space or Lot Area. Off- street
parking spaces or lot area devoted to parking existing upon the effective
date of this Chapter shall not be reduced in number or size unless said
number or size exceeds the requirements set forth herein for a similar
new use.
&E. Handicap Parking. Handicapped parking spaces shall be provided as
applicable pursuant to Minnesota Statutes 168.021, as maybe amended.
&F. Required accessory off - street parking shall be on the same lot under
the same ownership as the principal use being served, except as provided
for under the provisions of Subd. 2 of this Section.
7,G. Except for single family and two family dwellings, head -in parking,
directly off of and adjacent to a public street, with each stall having its
own direct access to the public street, shall be prohibited.
Off -Site Parking. Except as otherwise allowed in the Downtown Overlay
District, when parking is provided on a site other than the lot or tract upon
which a principal use is located, said parking area shall be in the ownership
of and remain in the possession of the owner of the principal use for which it
is designated. No authorization for separate parking facilities shall be given
until such time as the City Council is reasonably certain that the ownership
and use of the parking area will continue and that the site will be well
maintained. Off -site parking facilities may only be allowed by conditional use
permit and shall be subject to the following conditions:
A. Ordinance Compliance. Off -site parking shall be developed and
maintained in compliance with all requirements and standards of this
Chapter.
Section 1060 (Performance Standards) Page 10
June 23, 2011
2,B. Access. Reasonable access from off - street parking facilities to the use
being serviced shall be provided as determined by the Zoning
Administrator.
3,C. Proximity to Multiple Family Dwelling. The furthest space of an off -
site parking lot for multiple family dwellings shall not be located more
than 300 feet (excluding public rights -of -way) from any normally used
entrance of the principal use serviced.
4D. Proximity for Non - Residential Uses. The furthest space of an off -site
parking lot for non - residential uses shall not be located more than 300
feet (excluding public rights -of -way) from the main entrance of the
principal use being served.
Subd. 3. Parking Design.
4:A. Surfacing and Drainage. Off- street parking areas for non - residential
uses shall have a perimeter of poured, cast in place, concrete curb around
the entire parking lot and shall be surfaced with asphalt, concrete, or
other surface as approved by the City Engineer. Such areas shall be
graded and drained to dispose of all surface water without damage to
adjoining property. These requirements shall also apply to open sales
lots.
2,B. Gravel Parking Lots. Gravel parking lots shall be prohibited in all
areas of the City except in the Rural Commercial (CR) zoning district.
Gravel parking lots may be provided in the CR district, if all of the
following standards are met:
a4.The City Engineer has reviewed the grading plan and finds that
surface water is managed in compliance with City and State
requirements.
19,2. A dust control program is provided by the landowner and
approved by the City Council.
E3. Handicapped accessible routes are provided on site in compliance
with State and Federal requirements.
€1,4. The gravel parking areas are fully screened to a height of 3 feet
from the public streets and adjoining properties.
e:5.The commercial development requiring the parking is seasonal in
nature (operates 9 months or less per calendar year).
Section 1060 (Performance Standards) Page 11
June 23, 2011
E6. Landscaped areas equal to 10 percent of the lot area shall be provided
in parking lots that contain space for 50 or more cars.
47. When an existing business expands its structure by 10 percent
or more or a change in use creates the need for additional parking
spaces, the entire parking area shall be upgraded to meet the
provisions contained within this subdivision.
e:8.Areas designed for storage purposes only, which are fenced and
properly screened, may be permitted to utilize other durable and
dustless surface materials subject to the approval of the City Council.
9. Off-Street Loading Areas. Loading areas established after March 23,
2004 shall be prohibited within 300 feet of residentially zoned or
guided property unless completely screened by an intervening
building. Loading areas not requiring screening by an intervening
building shall be screened from adjacent residentially zoned or guided
property by the use of berms, fences, or walls to provide 100 percent
opacity to a height of at least 10 feet. The height of the screening shall
be measured from the grade of the loading areas.
(Ord. 205, passed 10 28 09)
Subd. 4. Parking Area Standards.
A. Setbacks.
1. Minimum Parking and Drive Aisle Setbacks shall be as follows:
a. Front - Same as the minimum front yard structure setback in the
zoning district.
b. Side and Rear - 10 feet.
2. In the case of properties which abut street easements, applicable
setbacks shall be determined by the Zoning Administrator and relate
to roadway classification as identified in the Corcoran Comprehensive
Plan.
B. Calculating Space.
1. Floor Area. The term "floor area" for the purpose of calculating the
number of off - street parking spaces required shall be determined on
the basis of the exterior floor area dimensions of the buildings,
structure or use times the number of floors, minus 10 percent except
Section 1060 (Performance Standards) Page 12
June 23, 2011
as may be hereinafter modified, and where a gross floor area
calculation is specified.
2. Computation. When determining the number of off - street parking
spaces, any fraction of a number shall constitute an additional space.
3. Places of Public Assembly. In stadiums, sports arenas, churches and
other places of public assembly in which patrons or spectators occupy
benches, pews or other similar seating facilities, each 18 inches of
such seating facilities shall be counted as one seat for the purpose of
determining parking requirements.
4. Snow Storage in Parking Stalls. Provision shall be made in the parking
area for adequate snow storage or removal in order to ensure that the
required number of spaces is available at all times during the year.
5. Use of Required Area. Required accessory off - street parking spaces in
any district shall not be utilized for open storage, sale or rental of
goods, or storage of inoperable vehicles unless approved by the
Zoning Administrator.
C. Design.
41. Pedestrian Provision. All off - street parking areas shall be
designed with due regard to pedestrian circulation. Off- street parking
areas shall be designed such that vehicle and pedestrian circulation is
accommodated in a safe, complementary, and orderly fashion.
112. Dimensional Requirements. Unless otherwise specified in this
Chapter, stall, aisle and driveway design for required off - street
parking shall comply with the following standards:
Minimum Dimensional Requirements for Parking
Angle of Parking
Stall Width Parallel to
Aisle
Stall length of
Line
Stall Depth
Aisle Width
45°
12'7"
25'
17'6"
12'
60°
10'4"
22'
19'
16'
750
9'3"
20'
19'6"
23'
90°
9'
18'6"
18'6"
26'
G3. Compact Parking. Up to 20 percent of the parking spaces in a
parking lot may be permanently marked for compact cars only,
provided that:
4�a.The parking lot contains 40 or more off - street parking spaces.
Section 1060 (Performance Standards)
June 23, 2011
Page 13
2b. All compact car spaces are a minimum of 8 feet in width and 16
feet in length.
3,c. Signs and markings, as approved by the City, are placed and
maintained for compact car spaces.
4d. All required off - street parking aisle widths are maintained.
&e.The compact car stalls do not displace preferred handicap parking
stall locations.
e:f. The design, layout, and location of designated compact car spaces
shall not encourage utilization by oversized vehicles and shall be
subject to approval by the Zoning Administrator.
P4. Parking Garages /Parking Within Structures. Required garage
parking for structures containing 3 or more dwelling units shall be
provided underground, under principal structures or in a similar
manner to avoid excessive site coverage. The off - street parking
requirement may be furnished by providing fee -free space so
designed within the principal building or structures attached thereto;
however, unless provisions are made, no building permit shall be
issued to convert said parking structure into a dwelling unit or living
area or other activity until other adequate provisions are made to
comply with the required off - street parking provisions of this Chapter.
In no case shall on- street parking be utilized to satisfy the required
off - street parking supply.
15. Parking Ramps.
4a.Parking ramps shall be set back from lot lines as required for the
principal building on the lot, or as required for parking spaces
specified by this section, whichever is greater.
-b. Except as otherwise approved by the Zoning Administrator,
off - street parking ramps shall be designed in compliance with the
applicable dimensional requirements of Subd. 4 (C)2 of this
Section.
16. Street Encroachments. Except in the case of single, two family
dwellings, parking areas shall be designed so that circulation between
parking bays or aisles occurs within the designated parking lot upon
the property being serviced and does not depend upon a public street
or alley. Except in the case of single, two family dwellings, parking
area design that requires backing into the public street is prohibited.
Section 1060 (Performance Standards) Page 14
June 23, 2011
Subd. 5.
Parking spaces in a public right -of -way shall not be utilized in meeting
required off - street parking standards, except as may be provided in
this Chapter.
7. Parking Area Grades. The grade elevation of the required parking
area or portion thereof shall not exceed 5 percent.
G.
14,8. Driveway Access Minimum. Each property other than single
family uses shall be allowed one driveway access for each 125 feet of
street frontage. All property shall be entitled to at least one driveway
access. Single family uses shall be limited to one driveway access per
lot, except when the property exceeds the required street frontage per
zoning district requirements, a second driveway access may be
allowed by approval of the Zoning Administrator. Except as otherwise
approved by the Zoning Administrator, single family uses shall not
access arterial and major collector streets. In such cases, if a lot does
not have frontage upon a local street and where the Zoning
Administrator determines driveway access to arterial and major
collector streets necessary, joint access through the use of shared curb
cuts and access easements shall be utilized to the extent possible.
9. Street Access. Except as allowed by a conditional use permit or
property subdivision, each lot shall have frontage and access directly
onto an abutting, improved and City accepted public street.
10. Lighting. Any lighting used to illuminate an off - street parking area
shall be so arranged as to reflect glare away from adjoining property,
adjacent residential uses and public rights -of -way and be in
compliance with Section 1060.040 of this Chapter.
J,
K11. Signs. No sign shall be so located as to restrict the sight lines
and orderly operation and traffic movement within any parking lot.
All signs shall be in conformance with the City Code.
Location. In the case of residential dwellings, driveways providing access to
garages may qualify as required off - street parking spaces if all of the
following conditions are met:
tA. The driveway shall serve a dwelling unit that has use of a two -stall
garage.
b B. The driveway shall be under the direct control of the dwelling unit
served by the garage.
Section 1060 (Performance Standards) Page 15
June 23, 2011
Subd. 6.
Subd. 7.
Subd. 8.
EC.The driveway shall measure at least 22 feet in length between the front of
the garage and the street, roadway or sidewalk; and
4D. Parking on the driveway shall not impede pedestrian or traffic
circulation or access to any other dwelling unit, nor shall it adversely
affect the ability to provide public utilities or public safety.
Pedestrian Circulation. A pedestrian circulation route shall be provided from
all parking areas and loading zones as may be applicable to the entrance of
the building. Such circulation routes shall be surfaced with material such as
asphalt, concrete, or equivalent material determined acceptable by the
Zoning Administrator.
Maintenance. It shall be the joint and separate responsibility of the owner of
the principal use (or lessee), to use and to maintain in a neat and adequate
manner, the parking space, access way, striping, landscaping, and required
fences and to undertake snow removal.
Number of Off- Street Parking Spaces Required. The following minimum
number of off - street parking spaces shall be provided and maintained by
ownership, easement, and /or lease for and during the life of the respective
uses hereinafter set forth.
Section 1060 (Performance Standards) Page 16
June 23, 2011
Number of Parking Space Requirements by Land Use
Use
Number of Stalls Required
Residential Uses
Single and Multi- Family
Housing
2 spaces per unit plus 1 space for each 5
units in an apartment or townhome complex.
Senior Housing
1.5 spaces per dwelling unit
Public /Institutional Uses
Educational Facilities,
elementary and Jr. High
One space per classroom plus one additional
space for each 50 students. Auditorium and
special event space shall be calculated
separately.
Educational Facilities, High
School and post- secondary
One space per classroom plus one space for
each 7 students based on design capacity.
Auditorium and special event space shall be
calculated separately.
Hospitals, Nursing Homes, etc.
One space per 2 beds. Office space shall be
computed separately.
Public Facilities for gathering,
including
One space for every 4 seats, based on the
design capacity of the facility.
placcs of
wers-hipPlaces of
Worship /Assembly, theaters,
civic centers, auditoriums and
stadiums.
Commercial /Industrial Uses
Retail Uses including drive -in
businesses, banks and
restaurants
8 parking spaces plus one space for each 200
square feet of retail space and one parking
space for each 35 square feet of dining area
Commercial Recreation
Bowling Alley
5 spaces per alley plus one space for each
300 square feet of service area
Golf Course
20 spaces plus one space for each 500
square feet of clubhouse
Golf Driving
Range
10 spaces plus one for each 100 square feet
of building area
Public Park
One space for each one acre of park plus 5
spaces per playground facility and one space
for each picnic table. A minimum of 5 spaces
is required.
Skating Rink or
Dance Hall
6 spaces per 1,000 square feet of floor area
Swimming Pool
20 spaces plus one space for each 500
square feet of floor area
Community
Center or Health
Club
One space per 300 square feet of floor area
Manufacturing, Processing or
Fabricating Facility
8 spaces plus one space for each 2
employees on the largest shift. A minimum
of 8 spaces plus one space per 500 square
feet of floor area is required.
Section 1060 (Performance Standards)
June 23, 2011
Page 17
Number of Parking Space Requirements by Land Use
Use
Number of Stalls Required
Warehousing and Wholesale
Facilities
5 spaces plus one space for each 2
employees on the largest shift. A minimum
one space per 1,500 square feet of floor area
is required.
Motels and Hotels
One space per lodging unit plus one space for
each 5 units
Office Buildings, Animal Clinics,
Medical /Dental Clinics
One space for each 200 square feet of floor
area. A minimum of 8 spaces is required.
Auto Service Stations
4 spaces plus one for each service bay or
wash bay. Facilities with convenience retail
shall also comply with the retail parking
requirements.
Subd. 9.
Subd. 10.
Subd. 11.
Non - Specified Uses. For uses not specifically listed above, off - street parking
requirements shall be computed by the Zoning Administrator on the same
basis as required for the most similar listed uses. In such cases, the Zoning
Administrator shall also consult off - street parking reference materials
including, but not limited to, manuals prepared by the American Planning
Association and Institute of Transportation Engineers.
Space Reductions. Subject to the review and processing of an interim use
permit, the City may reduce the number of required off - street parking spaces
when the use can demonstrate in documented form a demand which is less
than required by this Chapter. In such situations, the City may require land
to be reserved for parking development should the use or needs change.
Joint Facilities. The City may approve an interim use permit to allow joint
parking for one or more businesses where the total number of parking stalls
provided for joint use is less than the sum of the total required for each
business should they provide them separately. The applicant must
demonstrate the feasibility of the arrangement in a written report. Such a
permit shall not be granted except when the following conditions are found
to exist:
A. Proximity. The building or use for which application is being made to
utilize the off - street parking facilities provided by another building or use
shall be located within 300 feet of such parking facilities, excluding public
rights -of -way.
B. Conflict in Hours. The applicant shall demonstrate in documented
fashion that there is no substantial conflict in the principal operating
hours of the 2 buildings or uses for which joint use of off - street parking
facilities is proposed.
Section 1060 (Performance Standards) Page 18
June 23, 2011
C. Written Consent and Agreement. A legally binding instrument, executed
by the parties concerned, for joint use of off - street parking facilities, duly
approved as to title of grantors or lessors, and in a form and manner of
execution approved by the City Attorney, shall be filed with the City Clerk
and recorded with the Hennepin County Recorder or Registrar of Titles,
and a certified copy of the recorded document shall be filed with the City
within 60 days after approval of the joint parking use by the City or the
interim use permit shall be considered null and void.
Subd. 12. Drive Through Business. Where allowed, drive through businesses shall
comply with the following:
thA. The business shall be located on a site with direct access to a minor
arterial street, collector or service road.
B. Drive - Through Lanes: Drive - through or drive -in lanes are not allowed
between the building and a lot line that faces a public street. This does not
pertain to driveways.
13,C. All portions of the business with drive through facilities, including but
not limited to, the building in which they are located, service windows
and stacking spaces, shall be separated from residentially zoned or
guided property by an arterial or collector street or shall be set back at
least 300 feet from residentially zoned or guided property.
D. The public address or order system shall not be audible from any
adjacent residentially zoned or guided property.
4E. Adequate stacking distance shall be provided, as determined by the
city engineer, which does not interfere with other driving areas, parking
spaces, or sidewalks Businesses with one drive through lane shall provide
drive through lanes shall provide stacking space for at lcsast 6 vehicles per
lane, as measured from and including the last pick up station, window, or
the like. Stacking spaces shall not interfere with parking spaces or traffic
circulation.
e:F.The applicant shall demonstrate that such use will not significantly lower
the existing level of service on streets and intersections.
G. Screening shall be provided of automobile headlights in the drive - through
lane to adjacent properties. Such screening shall be at least three feet (3')
in height and fully opaque, consisting of a wall, fence, dense vegetation,
berm, or grade change.
Section 1060 (Performance Standards) Page 19
June 23, 2011
H. A bypass lane shall be provided for each drive - through use, allowing cars
to leave the drive - through lane from the stacking area.
f. All elements of the drive through service area, including but not
limited to menu boards, order stations, teller windows, and vehicle lights
from the stacking lanes, shall be screened from adjacent residentially
zoned or guided property pursuant to this Chapter.
(Ord. 237, passed 11 20 06)
1060.070 - Landscaping
Subd. 1.
Subd. 2.
Purpose. The purpose of this ordinance is to provide for a diversity of
landscaping plant materials and design elements within the City through the
establishment of minimum standards for landscape plans and maintenance
requirements for required landscaping.
Required Landscaping and Maintenance. Prior to approval of a building
permit, all semi - public, non - residence uses, and residential developments of
four units or more, shall be subject to a mandatory landscape plan and
specification requirements. Residential developments of less than 4 units
shall not require a landscape plan but shall be required to install a minimum
number of trees as outlined in this Section, item G.
A. The landscape plan shall be developed with an emphasis upon the
boundary or perimeter of the proposed site at points adjoining other
property and the immediate perimeter of the structure.
B. Required Ground Cover. The lot area remaining after providing for off -
street parking, off - street loading, sidewalks, driveways, building site
and /or other requirements shall be sodded or seeded and mulched
within 30 days of building occupancy or a financial guarantee shall be
provided to guarantee said installation.
C. Required Plantings. In addition to required ground cover specified in
Subd. 2(B) above and exclusive of required buffering or screening, all new
development shall be landscaped using ornamental grass, shrubs, trees or
other acceptable vegetation or treatment generally used in landscaping
within one year following the date of building occupancy. Where
landscaping is required as part of City approvals, any plant material that
is diseased or dies shall be replaced with a like kind of the original size.
No landscaped area shall be used for the parking of vehicles or for the
storage or display of materials, supplies or merchandise, unless
specifically approved by the City.
D. Minimum Size Requirements. All plants must at least equal the following
minimum size:
Section 1060 (Performance Standards) Page 20
June 23, 2011
E. Spacing. Plant material centers shall not be located closer than 3 feet
from the fence line or property line and shall not be planted to conflict
with public plantings based on the judgment of the City staff.
F. Types of Plantings. The landscape plan shall be reviewed by City staff to
ensure that appropriate plant materials are used to accomplish the intent
of the landscaping, including screening where required.
G. Number of Trees. The minimum number of trees on any given site shall
be as follows:
41. Residential uses shall provide a minimum of one overstory tree
per dwelling unit.
12. Non- Residential Uses. Non - residential uses shall contain at a
minimum:
4,a.One overstory tree per 1,000 square feet of gross building floor
area or one tree per 50 lineal feet of site perimeter, whichever is
greater.
-b. One understory shrub for each 300 square feet of building or
one tree per 30 lineal feet of site perimeter, whichever is greater.
Q3. Understory Trees. Up to 50 percent of the required number of
overstory trees may be substituted with the use of understory trees in
combination with other design elements. In such cases, not less than
3 understory trees shall be provided for each one required overstory
tree substituted.
DA. At the sole discretion of the City, a portion of the total number
of required trees for any development may be planted at a public
location when it is determined by the City that site constraints or
existing vegetation limit the ability to plant on site. Cash fees based
on the estimated cost of materials and installation of required
Section 1060 (Performance Standards) Page 21
June 23, 2011
Potted /Bare Root or Balled and Burlapped
Shade Trees (overstory)
2.5 -inch diameter
Ornamental Trees (understory)
1.5 -inch diameter
Evergreen Trees (overstory)
4 -6 feet high
Tall Shrubs and Hedge Material (deciduous
or coniferous)
3 -4 feet high
Low Shrubs (deciduous)
5 gallon
E. Spacing. Plant material centers shall not be located closer than 3 feet
from the fence line or property line and shall not be planted to conflict
with public plantings based on the judgment of the City staff.
F. Types of Plantings. The landscape plan shall be reviewed by City staff to
ensure that appropriate plant materials are used to accomplish the intent
of the landscaping, including screening where required.
G. Number of Trees. The minimum number of trees on any given site shall
be as follows:
41. Residential uses shall provide a minimum of one overstory tree
per dwelling unit.
12. Non- Residential Uses. Non - residential uses shall contain at a
minimum:
4,a.One overstory tree per 1,000 square feet of gross building floor
area or one tree per 50 lineal feet of site perimeter, whichever is
greater.
-b. One understory shrub for each 300 square feet of building or
one tree per 30 lineal feet of site perimeter, whichever is greater.
Q3. Understory Trees. Up to 50 percent of the required number of
overstory trees may be substituted with the use of understory trees in
combination with other design elements. In such cases, not less than
3 understory trees shall be provided for each one required overstory
tree substituted.
DA. At the sole discretion of the City, a portion of the total number
of required trees for any development may be planted at a public
location when it is determined by the City that site constraints or
existing vegetation limit the ability to plant on site. Cash fees based
on the estimated cost of materials and installation of required
Section 1060 (Performance Standards) Page 21
June 23, 2011
materials may be substituted for public location planting at the
discretion of the City.
15. No more than 33 percent of the required number of trees shall
be of one species.
H. Irrigation. Underground irrigation shall be required on all new multi-
family and non - residential development where municipal water is
available.
I. Landscape Guarantee. All new plants shall be guaranteed for 2 full years
from the time planting has been completed. All plants shall be alive and
in satisfactory growth at the end of the guarantee period or be replaced
per the approved plan. Security in the form of letter of credit or cash shall
be provided to guarantee the installation per the approved plan.
J.
Required Screening and Buffering.
a1.Screening with the use of landscaping, fencing and walls should be
accomplished with the existing topography where possible. When the
existing topography prohibits effective screening, berming may be
used.
tea. Planting screens are the preferred method of screening. The
planting screen shall consist of hardy trees that will provide a
minimum of 80 percent opacity year- round. Planting screens shall
contain a mix of overstory and understory plantings and a mix of
deciduous and coniferous materials.
Fences or walls may be used in conjunction with landscaping
to provide screening. When required for screening, minimum of
80 percent opacity shall be provided. No landscaping or screening
shall interfere with driver or pedestrian visibility for vehicles
entering or exiting the premises.
ic. Earth berms may be used for screening when topography
requires the earth berm to adequately screen the property. Berms
shall not exceed 3:1 slope.
2. Parking areas with 4 or more stalls shall be screened from
properties guided or zoned residential and from public streets.
Screening to a height of at least 3 feet shall be provided to screen
vehicle headlights.
E3. Loading and service areas shall be screened from properties guided or
zoned residential and from public streets.
Section 1060 (Performance Standards) Page 22
June 23, 2011
K. Building Setback Flexibility through Additional Landscaping. A reduction
in the required front yard setback adjacent to arterial streets may be
approved by the City Council if the applicant provides landscaping
beyond the minimum requirements or preserves significant landscaping
in this area. The required setback may be reduced up to 40 percent if the
applicant provides a minimum of one overstory deciduous tree, one
overstory coniferous tree, 2 ornamental trees and 10 understory shrubs
per 100 feet of the length of the property line where the flexibility is
requested, or preserves the equivalent amount of existing trees and
shrubs. These materials must be provided in addition to the minimum
landscape requirements.
L. Parking Setback Flexibility through Additional Landscaping. A reduction
in the required front yard setback adjacent to arterial streets may be
approved by the City Council if the applicant provides landscaping
beyond the minimum requirements or preserves significant landscaping
in this area. The required setback may be reduced to the required front
yard setback from other streets in that district if the applicant provides a
minimum of one overstory deciduous tree, one overstory coniferous tree,
2 ornamental trees and 10 understory shrubs per 100 feet of the length of
the property line where the flexibility is requested, or preserves the
equivalent amount of existing trees and shrubs. These materials must
be provided in addition to the minimum landscape requirements.
(Ord. 207, passcd 10 28 09)
1060.080 - Fences and Walls
Subd. 1. General Provisions. Except as otherwise provided herein, all fences and walls
within the City shall be subject to the following general provisions:
1,A. No fences or walls shall be placed on or extend into public rights -of-
way.
2,B. That side of any fence or wall considered to be its "face" (i.e., the
finished side having no structural supports) shall face abutting property
or street right -of -way.
3,C. Both sides of any fence or wall shall be maintained in a condition of
reasonable repair and appearance by its owner and shall not be allowed
to become and remain in a condition of disrepair or danger, or constitute
a nuisance, public or private.
Section 1060 (Performance Standards) Page 23
June 23, 2011
4:D. No physical damage of any kind shall occur to abutting property
during installation unless it is allowed under agreement with the adjacent
property owner.
&E. A certificate of survey may be required for all fences (except hedges
and plantings) or walls to be constructed on or within 6 feet from the
property line, unless corner property stakes are in place and marked and
a survey is filed with the City. Additionally, retaining walls shall not be
placed within any drainage or ponding easement unless also reviewed
and approved by the City Engineer.
6:F. Specific Fence Standards. Except as otherwise provided herein, fences
may be allowed subject to the following specific standards:
a:1.Fences constructed of materials with opacity of up to 100% and not
exceeding 6 feet in height may be located at or behind the minimum
front setback line, as required for the principal structure on the lot.
13,2. Fences with opacity of less than 50 percent (e.g., wrought iron,
chain link, split rail) and not exceeding 4 feet in height may be located
within a required front yard area.
E3. Fences over 6 feet in height shall meet all building setback
requirements for the zoning district in which it is located.
44. Fences not exceeding 6 feet in height, for uses other than one
and two family dwellings, may be permitted in front of the front
building line as established by the primary structure on the lot, when
required for screening of adjacent property. In such cases, the
required front setback for the fence shall be the same as for the use
that it is intended to buffer.
e:5.On corner lots or lots adjacent to railroad rights -of -way, no fence shall
be located in a sight visibility triangle, as defined by Section 1060.090,
Subd. 2, unless it is in compliance with the sight clearance
requirements for such lots as set forth in this Chapter.
6. Fences which include a security gate at a point where access is
provided to the property and principal building may be approved if
necessary and appropriate as part of the site plan review.
g7.Fences for the agricultural uses on properties at least 10 acres in size
are not subject to the requirements of this section.
Section 1060 (Performance Standards) Page 24
June 23, 2011
1060.090 - General Performance Standards
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5.
Grading and Drainage. No land shall be developed and no use shall be
permitted in the City that results in water runoff causing flooding, erosion, or
deposit of sediment on adjacent properties which is inconsistent with the
grading and erosion control plan provisions of Section 950 of the Subdivision
Ordinance.
Traffic Sight Visibility. Except as may be approved by the Zoning
Administrator, no wall, fence, structure, tree, shrub, vegetation or other
obstruction shall be placed on or extend into any yard or right -of -way area so
as to pose a danger to traffic by obscuring the view of approaching vehicular
traffic or pedestrians from any street or driveway. Visibility from any street
or driveway shall be unobstructed above a height of 3 feet, measured from
where both street or driveway center lines intersect within a triangular area
described as beginning at the intersection of the projected curb line of two
intersecting streets or drives, thence 30 feet along one curb line, thence
diagonally to a point 30 feet from the point of beginning along the other curb
line. The exception to this requirement shall be where there is a tree,
planting or landscape arrangement within such area that will not create a
total obstruction wider than 3 feet. These requirements shall not apply to
conditions that legally exist prior to the effective date of this Chapter unless
the Zoning Administrator determines that such conditions constitute a safety
hazard.
Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation APC 7017.
Dust and Other Particulate Matter. The emission of dust, fly ash or other
particulate matter by any use shall be in compliance with and regulated by
the State of Minnesota Pollution Control Standards, Minnesota Regulation
APC 7011.
Air Pollution. The emission of air pollution, including potentially hazardous
emissions, by any use shall be in compliance with and regulated by
Minnesota Statutes 116, as may be amended.
Subd. 6. Noise. Noises emanating from any use shall be in compliance with and
regulated by the Minnesota Pollution Control Standards.
Subd. 7. Sewage Disposal. Individual sewage disposal systems shall be installed and
operated in compliance with the applicable provisions of the City Code.
Subd. 8. Bulk Storage (Liquid). All uses associated with the bulk storage of all
gasoline, liquid fertilizer, chemical, flammable and similar liquids shall
Section 1060 (Performance Standards) Page 25
June 23, 2011
comply with requirements of and have appropriate permits indicating
compliance with the Minnesota State Fire Code and Minnesota Department of
Agriculture regulations.
Subd. 9. Radiation Emission. All activities that emit radioactivity shall comply with
the minimum requirements of the Minnesota Pollution Control Agency.
Subd. 10.
Subd. 11.
Electrical Emission. All activities which create electrical emissions shall
comply with the minimum requirements of the Federal Communications
Commission.
Setbacks from Public Streets. All setbacks from public streets or proposed
public streets shall be measured from the planned widened rights -of -way in
accordance with City policy. All buildings shall be so placed so that they will
not obstruct future streets which may be constructed by the City in
conformity with existing streets and according to the system and standards
employed by the City.
1060.100 - Telecommunications Services
Subd. 1. Findings.
The City Council finds: The Federal Communications Act of 1934 as amended
by the Telecommunications Act of 1996 ( "the Act "), and subsequent
revisions, grants the Federal Communications Commission exclusive
jurisdiction over the regulation of the environmental effects of radio
frequency emissions from telecommunications facilities and the regulation of
radio signal interference among users of the radio frequency spectrum.
Consistent with the Act, the regulation of towers and telecommunications
facilities in the City is not intended to have the effect of prohibiting any
person from providing wireless telecommunications services. The general
purpose of this subsection is to regulate the placement, construction and
modification of telecommunication towers and facilities in order to protect
the health, safety and welfare of the public, while not unreasonably
interfering with the development of the competitive wireless
telecommunications marketplace in the City. Specifically, the purposes of
this Ordinance are:
lA. To regulate the location of telecommunication towers and facilities.
FiB. To protect residential areas and land uses from potential adverse
impacts of telecommunication towers and facilities.
Section 1060 (Performance Standards) Page 26
June 23, 2011
C. To minimize adverse visual impacts of telecommunication towers and
facilities through design, siting, landscaping, and innovative camouflaging
techniques.
1#D. To promote and encourage shared use and co- location of
telecommunication towers and antenna support structures.
1:E. To avoid damage to adjacent properties caused by telecommunication
towers and facilities by ensuring that those structures are soundly and
carefully designed, constructed, modified, maintained and promptly
removed when no longer used or when determined to be structurally
unsound.
J:F. To ensure that telecommunication towers and facilities are compatible
with surround land uses.
KG. To facilitate the provision of wireless telecommunications services to
the residents and businesses of the City in an orderly fashion.
Subd. 2. Development of Towers; Approvals Required.
A PiConditional use. A tower is a conditional use in specified zoning
districts within the city. A tower may not be constructed in those
districts unless a conditional use permit has been issued by, and site plan
approval obtained from, the City Council, and the building official has
issued a building permit.
B. B. Administrative Permit. Co- location of additional antennas onto an
existing tower and associated ground equipment may be granted by
administrative permit. An administrative permit may be issued by City
staff in accordance with the requirements of Section 1070.060 of the
Zoning Ordinance.
C. Preferred Locations. If co- location is not feasible, the preference for
location of new towers within the City is, in order of priority:
A:1. Existing public property.
13:2. Agricultural property.
&3. Commercial /industrial property.
D. -DApplicant must demonstrate in writing, to the City's satisfaction, that a
lower priority site location is necessary as part of the application. The
City has no obligation to allow the use of City property for this purpose.
Section 1060 (Performance Standards) Page 27
June 23, 2011
Subd. 3. Application Process.
A. A person desiring to construct a tower must submit an application for site
plan approval and, for a conditional use permit, to the City Planner.
B. An application to develop a tower must include:
1. Name, address and telephone number of the applicant.
2. Name, address and telephone numbers of the owners of the property
on which the tower is proposed to be located.
3. Written consent of the property owner(s) to the application.
4. Written evidence from an engineer that the proposed structure meets
the structural requirements of this code.
5. Written information demonstrating the need for the tower at the
proposed site in light of the existing and proposed wireless
telecommunications network(s) to be operated by persons intending
to place telecommunications facilities on the tower.
6. A copy of relevant portions of a lease signed by the applicant and
property owner(s), requiring the applicant to remove the tower and
associated telecommunications facilities upon cessation of operations
on the leased site, or, if a lease does not yet exist, a written agreement
to include such a provision in the lease to be signed.
7. An application fee established from time to time by resolution of the
City Council.
8. Any other information that City Staff, Planning Commission or Council
deem necessary to consideration of the application.
C. Administrative Costs and Expenses. In addition to the application fee,
the applicant shall be responsible to pay for all administrative costs
incurred by the City in their review process, including staff administrative
time, legal, engineering, and any other consultant or expert fees deemed
necessary by the City. The City, in its discretion may hire experts to assist
in its review of any application and the applicant shall pay the cost of
such expertise.
DP— Council Action. Requests for site plan approval and conditional use
permit approval will be processed contemporaneously, according to the
provisions outlined in the Corcoran Zoning Ordinance.
Section 1060 (Performance Standards) Page 28
June 23, 2011
EE. Staff Action. Request for site plan approval and administrative permit
for co- location onto existing towers or structures will be processed
contemporaneously, according to the provisions outlined in the Corcoran
Zoning Ordinance.
Subd. 4. Performance Standards.
A. A—Co- location capability. All equipment used for transmitting or
receiving telecommunication, television, or radio signals shall be co-
located on existing towers whenever possible. Unless the applicant
presents clear and convincing evidence to the City Council that co-
location is not feasible, a new tower may not be built, constructed or
erected in the City unless the tower is capable of supporting at least two
telecommunications facilities comparable in weight, size, and surface area
to each other.
B.B. Setback Requirements. All towers and accessory equipment must
comply with the following minimum setback requirements:
A1. Towers and accessory equipment shall meet the setbacks of
the underlying zoning district. The tower may not encroach upon any
easements.
12. The tower shall be setback from the nearest residential
structure at least the height of the tower. Exceptions to such setback
may be granted if a qualified structural engineer specifies in writing
that any collapse of the pole will occur within a lesser distance under
all foreseeable circumstances.
Q3. The setback for a tower or accessory equipment may be
reduced or its location in relation to a public street varied, at the
discretion of the City, to allow the integration of the structure into an
existing or proposed structure, such as a light standard, power line
support device, or similar structure.
P4. Setback requirements for towers are measured from the base
of the tower to the property line of the parcel on which it is located.
C — Engineer Certification. Towers must be designed and certified by an
engineer to be structurally sound and in conformance with the Uniform
Building Code, and any other standards set forth in this code.
D P— Height Restriction. A tower may not exceed 150 feet in height.
Measurement of tower height must include the tower structure itself, the
base pad, and any other telecommunications facilities attached thereto.
Tower height is measured from grade.
Section 1060 (Performance Standards) Page 29
June 23, 2011
E. E. Lighting. Towers may not be artificially lighted except as required by
the Federal Aviation Administration. At time of construction of a tower,
in cases where there are residential uses located within a distance which
is three times the height of the tower from the tower, dual mode lighting
must be requested from the Federal Aviation Administration.
Notwithstanding this provision, the City may approve the placement of an
antennae on an existing or proposed lighting standard, provided that the
antennae is integrated with the lighting standard.
F. FExterior Finish. Towers not requiring Federal Aviation
Administration painting or marking must have an exterior finish as
approved in the site plan.
G G— Fencing. Fences constructed around or upon parcels containing
towers, antenna support structures, or telecommunications facilities
must be constructed in accordance with the applicable fencing
requirements in the zoning district where the tower or antenna support
structure is located, unless more stringent fencing requirements are
required by Federal Communications Commission regulations.
H 14— Landscaping. Landscaping on parcels containing towers, antenna
support structures or telecommunications facilities must be in
accordance with landscaping requirements as approved in the site plan.
Ground mounted equipment must be screened from view by suitable
vegetation, except where a design of non - vegetative screening better
reflects and complements the character of the surrounding
neighborhood.
I. JAccessory Buildings and Equipment. No more than one accessory
building is permitted per user on a tower. Accessory buildings may be no
more than 400 square feet in size. Utility buildings and structures
accessory to a tower must be architecturally designed to blend in with the
surrounding environment and to meet such setback requirements as are
compatible with the actual placement of the tower. Accessory structures
shall comply with the building design and material standards of the
district in which they are located. Telecommunications facilities not
located on a tower or in an accessory building must be of stealth design.
1. J Security. Towers must be reasonably posted and secured to protect
against trespass. All signs must comply with applicable sign regulations.
K. K. Design. Towers must be of stealth design, if practical.
L. ',Removal of Towers. Abandoned or unused towers and associated
above - ground facilities must be removed within twelve months of the
Section 1060 (Performance Standards) Page 30
June 23, 2011
cessation of operations of the telecommunications facility at the site
unless an extension is approved by the City Council. Any tower and
associated telecommunications facilities that are not removed within
twelve months of the cessation of operations at a site are declared to be
public nuisances and may be removed by the City and costs of removal
assessed against the property pursuant to the nuisance abatement
section of the Corcoran City Code.
M. M. Inspections. The City may conduct inspections at any time, upon
reasonable notice to the property owner and the tower owner to inspect
the tower for the purpose of determining if it complies with the Uniform
Building Code and other construction standards provided by the City
Code, federal and state law. The expense related to such inspections will
be borne by the property owner. Based upon the results of an inspection,
the building official may require repair or removal of a tower.
N. N. Maintenance. Towers must be maintained in accordance with the
following provisions.
41. Tower owners must employ ordinary and reasonable care in
construction and use commonly accepted methods and devices for
preventing failures and accidents that are likely to cause damage,
injuries, or nuisances to the public.
B2. Tower owners must install and maintain towers,
telecommunications facilities, wires, cables, fixtures and other
equipment in compliance with the requirements of the National
Electric Safety code and all Federal Communications Commission,
state, and local regulations, and in such a manner that they will not
interfere with the use of other property.
Q3. Towers, telecommunications facilities or antenna support
structures must be kept and maintained in good condition, order, and
repair.
P4. Maintenance or construction on a tower, telecommunications
facilities or antenna support structure must be performed by qualified
maintenance and construction personnel.
15. Towers must comply with radio frequency emissions
standards of the Federal Communications Commission.
F,6. If the tower owner discontinues the use of a tower, the tower
owner must provide written notice to the City of its intent to
discontinue use and the date when the use will be discontinued.
Section 1060 (Performance Standards) Page 31
June 23, 2011
1
Subd. 5. Variances.
An applicant may request a variance to the setback, separation, buffer
requirements, or maximum height provisions of this Code in accordance with
the procedures outlined for the granting of a variance in the Corcoran City
Code. The City Council may grant the requested variance if the applicant
demonstrates with written or other satisfactory evidence that:
A 4—The locations, shape, appearance or nature of use of the proposed
tower will not substantially detract from the aesthetics of the area nor
change the character of the neighborhood in which the tower is proposed
to be located.
B_lThe variance will not create a threat to the public health, safety or
welfare.
C. In the case of a requested modification to the setback requirement,
that the size of parcel upon which the tower is proposed to be located
makes compliance impossible, and the only alternative for the applicant is
to locate the tower at another site that poses a greater threat to the public
health, safety or welfare or is closer in proximity to a residentially zoned
land.
D. P—In the case of a request for modification of separation requirements, if
the person provides written technical evidence from an engineer that the
proposed tower and telecommunications facilities must be located at the
proposed site in order to meet the coverage needs of the applicant's
wireless communications system and if the person agrees to create
approved landscaping and other buffers to screen the tower from being
visible to the residential area.
E. E. In the case of a request for modification of the maximum height limit,
that the modification is necessary to:
41. Facilitates co- location of telecommunications facilities in order
to avoid construction of a new tower.
12. To meet the coverage requirements of the applicant's wireless
communications system, which requirements must be documented
with written, technical evidence from a recognized expert in the
telecommunications industry.
(Ord. 200, passed 07 22 04)
Section 1060 (Performance Standards) Page 32
June 23, 2011
SECTION 1070 - ADMINISTRATION, PERMITS AND PROCEDURES
1070.010 - Zoning Amendments (Text and Map)
Subd. 1.
Procedure. An application for an amendment to the Zoning Ordinance or
Zoning Map shall be approved or denied, pursuant to Minnesota Statutes
15.99. Additional City requirements are as follows:
4,A. Request for rezoning (text or map) shall be filed with the Zoning
Administrator on an official application form. A non - refundable fee as set
forth in the City Code shall accompany such application. Detailed written
and graphic materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use,
shall also accompany such application. The application shall be
considered as being officially submitted and complete when the applicant
has complied with all the specified information requirements.
2,B. Upon completion of preliminary staff analysis of the application and
request, the Zoning Administrator, when appropriate, shall set a public
hearing following proper hearing notification. The Planning Commission
shall conduct the hearing and report its findings and make
recommendations to the City Council.
3,C. Notice of said hearing shall be mailed to all owners of land within 350
feet of the boundary of the property in question.
4:D. Failure of a property owner to receive said notice(s) shall not
invalidate any such proceedings as set forth within this Chapter.
5E. Notice of said hearing shall also be published in the official newspaper
at least 10 days prior to the hearing and consist of:
a,1.Legal property description.
13,2. Description of request.
E3. Map detailing property location.
e,F. The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the expense
of the applicant concerning operational factors, said information to be
declared necessary to establish performance conditions in relation to all
pertinent sections of this Chapter.
Section 1070 (Administration, Permits and Procedures) Page 1
June 23, 2011
7,G. The applicant or a representative thereof may appear before the
Planning Commission in order to present information and answer
questions concerning the proposed request.
&H. The Planning Commission shall make findings of fact and a
recommendation on the request. Such recommendations shall be
accompanied by the report and recommendation of the City staff.
I_The City Council shall not act upon an amendment until they have
received a report and recommendation from the Planning Commission
and the City staff.
4-0,1. Upon receiving said reports and recommendations of the Planning
Commission and the City staff, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
11.K. Upon receiving said reports and recommendations, the City Council
shall have the option to set and hold a public hearing if deemed
necessary.
?L. The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions concerning
the proposed request.
13.M. For any application that changes all or part of the existing
classification of a zoning district from residential to either commercial or
industrial, approval shall require passage by a two - thirds vote of the full
City Council. Approval of any other proposed amendment shall require
passage by a majority vote of the full Council.
14.N. The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment.
15.0. Whenever an application for an amendment has been considered and
denied by the City Council, the Planning Commission or City Council shall
not consider a similar application for an amendment affecting
substantially the same property again for at least 6 months from the date
of its denial. A subsequent application affecting substantially the same
property shall likewise not be considered again by the Planning
Commission or City Council for an additional 6 months from the date of
the second denial unless a decision to reconsider such matter is made by
not less than a majority of the full City Council.
Section 1070 (Administration, Permits and Procedures) Page 2
June 23, 2011
Subd. 2.
Subd. 3.
Subd. 4.
Evaluation Criteria. The Planning Commission shall consider possible
adverse effects of the proposed amendment. Its judgment shall be based
upon (but not limited to) the following factors:
A. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
City Comprehensive Plan, including public facilities and capital
improvement plans.
B. The proposed action meets the purpose and intent of this Ordinance or, in
the case of a map amendment, it meets the purpose and intent of the
individual district.
C. There is adequate infrastructure available to serve the proposed action.
D. There is an adequate buffer or transition provided between potentially
incompatible districts.
Initiation. Any person owning real estate within the City may initiate a
request to amend the district boundaries or text of this Chapter so as to affect
the said real estate. The City Council or Planning Commission may, upon
their own, initiate a request to amend the text or the district boundaries of
this Chapter.
Certification of Taxes Paid. Prior to approving an application for rezoning,
the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees
due upon the parcel of land to which the rezoning application relates.
1070.020 - Conditional Use Permits
Subd. 1.
Subd. 2.
Purpose. The purpose of a conditional use permit is to authorize and
regulate uses which may be beneficial in a specific instance to the general
welfare of the community, yet ensure that such uses are not detrimental to
surrounding property, and are consistent with the stated purpose of the
zoning district in which such uses are located regarding conditions of
operation, location, arrangement, and construction.
Procedure. An application for a conditional use permit shall be approved or
denied pursuant to Minnesota Statutes 15.99. Additional City requirements
are as follows:
BA. Request for conditional use permits, as provided within this Chapter,
shall be filed with the Zoning Administrator on an official application
form. A non - refundable fee as set forth in the City Code shall accompany
Section 1070 (Administration, Permits and Procedures) Page 3
June 23, 2011
such application. Detailed written and graphic materials, the number and
size as prescribed by the Zoning Administrator, fully explaining the
proposed change, development, or use, shall also accompany such
application. The application shall be considered as being officially
submitted and complete when the applicant has complied with all the
specified information requirements.
GB. Upon completion of preliminary staff analysis of the application and
request, the Zoning Administrator, when appropriate, shall set a public
hearing following proper hearing notification. The Planning Commission
shall conduct the hearing, and report its findings and make
recommendations to the City Council.
PC. Notice of said hearing shall be published in the official newspaper at
least 10 days prior to the hearing.
DP— Notice of said hearing shall also be mailed at least 10 days prior to all
owners of land within 350 feet of the boundary of the property in
question, informing them of the receipt of the application and the
anticipated schedule for consideration.
E.E. Failure of a property owner to receive said notice shall not invalidate
any such proceedings as set forth within this Chapter.
Fl -The applicant or their representative may appear before the Planning
Commission in order to present information and answer questions
concerning the proposed request.
lG. The Planning Commission shall make findings of fact and make a
recommendation on such actions or conditions relating to the request as
they deem necessary to carry out the intent and purpose of this Chapter.
Such recommendation shall be in writing and accompanied by the report
and recommendation of the City staff.
&H. The City Council shall not consider a conditional use permit until they
have received a report and recommendation from the Planning
Commission and the City staff.
1/I. Upon receiving said reports and recommendations of the Planning
lLCommission and the City staff, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
Section 1070 (Administration, Permits and Procedures) Page 4
June 23, 2011
Subd. 3.
lK. Upon receiving said reports and recommendations, the City Council
shall have the option to set and hold a public hearing if deemed necessary
and shall make a recorded finding of fact and may impose any condition
they consider necessary to protect the public health, safety and welfare.
6,L. The applicant or a representative thereof may appear before the City
Council in order to present information and answer questions concerning
the proposed request.
14,M. Approval of a request shall require passage by a majority vote of the
full Council.
4,1\I. Whenever an application for a conditional use permit has been
considered and denied by the City Council, the Planning Commission or
City Council shall not consider a similar application for a conditional use
permit affecting substantially the same property again for at least 6
months from the date of its denial. A subsequent application affecting
substantially the same property shall likewise not be considered again by
the Planning Commission or City Council for an additional 6 months from
the date of the second denial unless a decision to reconsider such matter
is made by a majority vote of the full City Council.
Evaluation Criteria. The Planning Commission shall consider possible
adverse effects of the proposed conditional use. Its judgment shall be based
upon (but not limited to) the following factors:
A A-Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
B.B. The establishment, maintenance or operation of the conditional use
will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or comfort.
C The conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
D. IThe establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for
uses permitted in the district.
E.E. Adequate public facilities and services are available or can be
reasonably provided to accommodate the proposed use.
Section 1070 (Administration, Permits and Procedures) Page 5
June 23, 2011
F 1—The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
G —The conditional use and site conforms to performance standards as
specified by this Chapter.
Subd. 4. Information Requirement.
A A The information required for all conditional use permit applications
shall be as specified in Section 1070.050, Subd. 6.
B.B. In addition, the City Council, Planning Commission, and City staff shall
all have the authority to request additional information from the
applicant concerning operational factors or to retain expert testimony
with the consent and at the expense of the applicant. Said information is
to be declared necessary to determine performance and may include but
is not limited to:
244. Scope of operation of the proposed use, including methods and
materials utilized in operation.
12. Traffic Generation Data.
Q3. Statement of the economic impact of the proposed use on the
surrounding area.
P4. Statement of the environmental impact of the proposed use on
the surrounding area.
Subd. 5. Revocation.
A. 4—Justification.
The Planning Commission may recommend, and the City Council may
direct, the revocation of any conditional use permit for cause upon
determination that the authorized conditional use is not in conformance
with:
1. 1. The conditions of the permit.
2. 2. The intent of this Chapter.
3_3. City Codes.
4_4. Other applicable regulations.
Section 1070 (Administration, Permits and Procedures) Page 6
June 23, 2011
B.B. Process.
The City Council or Planning Commission shall initiate an application and the
Zoning Administrator shall notify the responsible person to whom the permit
was issued, that they have an opportunity to show cause why the permit
should not be revoked. The application shall be processed and considered
pursuant to Subd. 2. of this Section. The Zoning Administrator shall provide
the responsible person to whom the permit was issued a copy of the
proceedings and findings of the Planning Commission and City Council.
Subd. 6. Amendments.
A P,Holders of a conditional use permit may propose amendments to the
permit at any time, following the procedures for a new permit as set forth
in this section.
B. B. No significant changes in the circumstances or scope of the permitted
use shall be undertaken without approval of those changes by the City.
The Zoning Administrator shall determine what constitutes significant
change. Significant changes include, but are not limited to:
A,1. Hours of operation.
12. Number of employees.
Q3. Expansion of structures and /or premises.
114. Operational modifications resulting in increased external
activities and traffic.
C1✓— Following the procedures for hearing and review set forth in this
section the Planning Commission may recommend and the City Council
may approve significant changes and modifications to conditional use
permits, including the application of additional or revised conditions.
Subd. 7. Expiration.
A P Unless otherwise specified by the Zoning Administrator or City
Council at time of approval, permit approval shall expire within one year
of the date of approval unless the applicant commences the authorized
use. Prior to the expiration, the applicant may apply for a time extension
of up to one year.
B lii The request for extension shall be submitted to the Zoning
Administrator not less than 30 days before the expiration of said
approval and shall include the renewal fee as set forth in the City Code
Section 1070 (Administration, Permits and Procedures) Page 7
June 23, 2011
Subd. 8.
Subd. 9.
and state facts showing a good faith attempt to complete or utilize the use
permitted in the conditional use permit. A request for an extension not
exceeding one year shall be subject to the review and approval of the
Zoning Administrator. Should a second extension of time or any
extension of time longer than one year be requested by the applicant, it
shall be presented to the Planning Commission for a recommendation
and to the City Council for a decision.
C. In making its determination on whether an applicant has made a good
faith attempt to utilize the site plan approval, the Zoning Administrator or
the City Council, as applicable, shall consider such factors as the type,
design, and size of the proposed construction, any applicable restrictions
on financing, or special and /or unique circumstances beyond the control
of the applicant which have caused the delay.
Performance Agreement and Financial Guarantee. Following the approval of
a conditional use permit and prior to the issuing of any building permits or
the commencing of any work, the applicant, as may be applicable, shall
guarantee to the City the completion of all private exterior amenities as
shown on the approved site plan and as required by the conditional use
permit approval. The guarantee shall be made by means of a performance
agreement and financial guarantee as specified in Section 1070.050, Subd. 9.
Certification of Taxes Paid. Prior to approving an application for a
conditional use permit, the applicant shall provide certification to the City
that there are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the parcel of land to which the conditional use
permit application relates.
1070.030 - Interim Uses
Subd. 1. Purpose and Intent. The purpose and intent of allowing interim uses is:
A. To allow a use for a brief period of time until a permanent location is
obtained or while the permanent location is under construction.
B. To allow a use that is presently judged acceptable by the City Council, but
that with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced in the future by a permitted or
conditional use allowed within the respective district.
C. To allow a use which is reflective of anticipated long range change to an
area and which is in compliance with the Comprehensive Plan provided
that said use maintains harmony and compatibility with surrounding
Section 1070 (Administration, Permits and Procedures) Page 8
June 23, 2011
Subd. 2.
uses and is in keeping with the architectural character and design
standards of existing uses and development.
Procedure. Uses defined as interim uses, which do not presently exist within
a respective zoning district, shall be processed according to the standards
and procedures for a conditional use permit as established by Section
1070.020 of this Chapter.
Subd. 3. General Standards. An interim use shall comply with the following:
A. Meet the requirements of a conditional use permit set forth in Section
1070.020, Subd. 3.
B. The use is allowed as an interim use in the respective zoning district.
C. The date or event that will terminate the use can be identified with
certainty.
D. The use will not impose additional unreasonable costs on the public.
E. The user agrees to any conditions that the City Council deems
appropriate for permission of the use.
Subd. 4. Termination. An interim use shall terminate on the happening of any of the
following events, whichever occurs first:
4:A. The date stated in the permit.
B. Upon violation of conditions under which the permit was issued.
,C. Upon a change in the City's zoning regulations which render the use
nonconforming.
Subd. 5.
4.D. The redevelopment of the use and property upon which it is located to
a permitted or conditional use as allowed within the respective zoning
district.
Certification of Taxes Paid. Prior to approving an application for an interim
use permit, the applicant shall provide certification to the City that there are
no delinquent property taxes, special assessments, interest, or City utility
fees due upon the parcel of land to which the interim use permit application
relates.
1070.040 - Variances
Section 1070 (Administration, Permits and Procedures) Page 9
June 23, 2011
Subd. 1.
Purpose. The purpose of this section is to provide for deviations from the
literal provisions of this Chapter in instances where their strict enforcement
would cause undue hardshippractical difficulties because of circumstances
unique to the individual property under consideration, and to grant such
variances only when it is demonstrated that such actions will be in keeping
with the spirit and intent of this Chapter.
Subd. 2. Board Designation
A A-The Planning CommissionCity Council shall act as the Board of
Adjustment and Appeals ( "the Board ").
B. 13The City Council shall not approve any variance application unless
they find failure to grant the variance will result in undue
hardshippractical difficulties on the applicant, as defined by Minnesota
Statute 462.357. The burden of proof is on the applicant to show that
and, as may be applicable, all of the following criteria have been met:
1. That there are practical difficulties in complying with the zoning
ordinance.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and were
not created by the landowner.
3. That the granting of the variation will not alter the essential character
of the locality.
4. The proposed variance would be in harmony with the general
purposes and intent of the ordinance.
5. The variance is consistent with the Comprehensive Plan.
A. . The City may impose conditions on the variance to address the
impact of the varianceThat because of the particular physical surroundings,
shape, or topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations were to be carried out.
B. That the conditions upon which a pctition for a variation is based are
unique to thc parcel of land for which thc variance is sought and arc not
applicable, generally, to other property within the same zoning
classification.
Section 1070 (Administration, Permits and Procedures) Page 10
June 23, 2011
C. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood
in which the parcel of land is located.
D. That the proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the congestion
of the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
noighbarhooa
Subd. 3. Procedures.
A A-An application for a variance shall be approved or denied pursuant to
Minnesota Statutes 462.35815.99. Additional City requirements are as
follows:
4B. Application Process.
1. 1. Requests for a variance shall be filed with the Zoning
Administrator on an official application form. A non - refundable fee as
set forth by the City Code shall accompany such application. The
application shall be considered as being officially submitted complete
when the applicant has complied with all the specified informational
requirements, which shall include the following:
a. aA written description of the request for the variance, including
an explanation of compliance with the variance criteria set forth in
this section.
a,b.Supporting materials, as outlined in this Section and as
determined by the Zoning Administrator on a case -by -case basis.
2. 2. The Zoning Administrator shall have the authority to request
additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the
expense of the applicant concerning operational factors, said
information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
RC. Approval Process.
a:1.Upon receipt of a complete application, as determined by staff review,
and following preliminary staff analysis of the application and
request, the Zoning Administrator, when appropriate, shall establish a
time and place for consideration by the Board of AdjustmentPlanning
Commission. At least 10 days before the date of the meeting, a written
Section 1070 (Administration, Permits and Procedures) Page 11
June 23, 2011
notice of the meeting shall be mailed to the applicant and to all other
owners of property located within 350 feet of the boundaries of the
subject property.
2. 2. Failure of a property owner to receive notice shall not
invalidate any such proceedings as set forth within this Chapter.
3. 3. The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports where appropriate, and provide
general assistance in preparing a recommendation on the action to
the BoardPlanning Commission.
4. 4. The Board of Adjustment and Zoning Administrator shall have
the authority to request additional information from the applicant
concerning operational factors or to retain expert testimony with the
consent and at the expense of the applicant concerning operational
factors, said information to be declared necessary to establish
performance conditions in relation to all pertinent sections of this
Chapter.
5_5. The applicant or a representative thereof may appear before
the Planning CommissionBoard of Adjustment in order to present and
answer questions concerning the proposed request.
6. 6. The Board of AdjustmentThe Planning Commission shall make
findings of fact and make a recommendation on such actions or
conditions relating to the request, as they deem necessary to carry out
the purpose of this Chapter. Such recommendations shall be in
writing and accompanied by the report and recommendation of the
City staff.
77. The City Council (as the Board of Appeals and Adjustments)
shall not act upon the request until they have received a report and
recommendation from the Board of AdjustmcntPlanning Commission
and the City staff.
8_8. Upon receiving said reports and recommendations the City
Administrator shall schedule the application for consideration by the
City Council. Such reports and recommendations shall be entered in
and made part of the permanent written record of the Commission
meeting.
9. 9. Upon receiving said reports and recommendations the City
Council shall have the option to set and hold a public hearing if
deemed necessary and shall make a recorded finding of fact and may
Section 1070 (Administration, Permits and Procedures) Page 12
June 23, 2011
Subd. 4.
Subd. 5.
impose any condition they considered necessary to protect the public
health, safety and welfare.
10.10. Approval of a request shall require passage by a majority vote
of the entire City Council.
11.11. In granting any variance under the provisions of this section,
the City Council shall designate such conditions in connection with the
request that will, in its opinion, secure the objectives of the
regulations or provisions to which the adjustment or variance is
granted, as to light, air, and the public health, safety, comfort,
convenience and general welfare.
12._12. In all cases where variances are granted under the provisions
of this section, the City Council shall require such evidence and
guarantee, as it may deem necessary to insure compliance with the
conditions designated in connection with the request.
13.13. The Zoning Administrator shall serve a copy of the final order
of the Board City Council upon the petitioner by mail.
14.14. Whenever an application for a variance has been considered
and denied by the Board, a similar application for a variance affecting
substantially the same property shall not be considered again by the
Board of Adjustment or City Council for at least 6 months from the
date of its denial; and a subsequent application affecting substantially
the same property shall likewise not be considered again by the
Planning Commission or BoardCity Council for an additional 6 months
from the date of the second denial unless a decision to reconsider
such matter is made by a majority vote of the full BardCity Council.
Appeal of Board Ruling. Any person or persons, any private or public to seek
review of the decision with a court of record in the manner provided by the
laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter
462, as such statutes may be from time to time amended, supplemented or
replaced.
Expiration. Unless otherwise specified by the Zoning Administrator or City
Council at the time of approval, approved variances shall expire, within one
year after the date of approval unless the applicant has commenced the
authorized use or improvement. Prior to the expiration, the applicant may
apply for a time extension of up to one year.
The request for extension shall include the renewal fee as set forth in the City
Code and be submitted to the Zoning Administrator not less than 30 days
before the expiration and shall include the renewal fee as set forth in the City
Section 1070 (Administration, Permits and Procedures) Page 13
June 23, 2011
Subd. 6.
Subd. 7.
Code and state facts showing a good faith attempt to complete or utilize the
approval permitted in the variance. A request for an extension not exceeding
one year shall be subject to the review and approval of the Zoning
Administrator. Should a second extension of time or any extension of time
longer than one year be requested by the applicant, it shall be presented for
approval to the Board of Adjustment.
Performance Agreement and Financial Guarantee. Following the approval of
a variance and prior to the issuing of any building permits or the
commencing of any work, the applicant, as may be applicable, shall guarantee
to the City the completion of all private exterior amenities as shown on the
approved site plan and as required by the variance approval. The guarantee
shall be made by means of a performance agreement and financial guarantee
as specified in Section 1070.050, Subd. 9.
Certification of Taxes Paid. Prior to approving an application for a variance,
the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees
due upon the parcel of land to which the variance application relates.
(Ord. 211, passcd 12 21 04, Ord. 231, passed 02 09 06)
1070.050 - Site Plan
Subd. 1.
Purpose. The purpose of this section is to establish a formal site plan review
procedure and provide regulations pertaining to the enforcement of site
design standards consistent with the requirements of this Chapter.
Subd. 2. Site Plan Approval. Site plan approval is required for all development, except
the following:
A A-Agricultural uses and tree farms in the A and RR districts.
B B Single family detached dwellings.
C Two family attached dwellings.
Subd. 3. Sketch Plan.
A A-Prior to filing a formal application, applicants may present a sketch
plan to the Zoning Administrator. The plan shall be conceptual but shall
be drawn to scale with topography of a contour interval not greater than
2 feet and may include the following:
Section 1070 (Administration, Permits and Procedures) Page 14
June 23, 2011
Subd. 4.
1. 1. The proposed site with reference to existing development on
adjacent properties, at least to within 200 feet.
2. 2. General location of proposed structures.
3_3. Tentative street arrangements, both public and private.
4_/1. Amenities to be provided such as recreational areas, open
space, walkways, etc.
5 -5. General location of parking areas.
6. 6. Proposed public sanitary sewer, water and storm drainage.
77. A statement showing the proposed density of the project and
the method of calculating said density.
8. 8. Extent of and any proposed modifications to land within the
Overlay Districts as described and regulated in Section 1050.
B. B. The Zoning Administrator shall have the authority to refer the sketch
plan to the Planning Commission and /or City Council for discussion,
review, and informal comment. Any opinions or comments provided to
the applicant by the Zoning Administrator, Planning Commission, and /or
City Council shall be considered advisory only and shall not constitute a
binding decision on the request.
C. Request for sketch plan review and comment by the Planning
Commission shall be filed with the Zoning Administrator on an official
application form.
Application Process. An application for site plan approval shall be approved
or denied pursuant to Minnesota Statutes 15.99. Additional City
requirements are as follows:
1,A. Request for site plan approval. As provided within this Chapter,
request for approval be filed with the Zoning Administrator on an official
application form. A non - refundable fee as provided for in the City Code
shall accompany such application. Detailed written and graphic
materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use,
shall also accompany such application. The request shall be considered
as being officially submitted and complete when the applicant has
complied with all the specified information requirements.
Section 1070 (Administration, Permits and Procedures) Page 15
June 23, 2011
2,B. Proof of Ownership or Authorization. The applicant shall supply proof
of ownership of the property for which the site plan approval is
requested or supply written authorization from the owner(s) of the
property in question to proceed with the requested site plan approval.
3,C. Procedures.
1. 1. The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports where appropriate, and provide
general assistance in preparing a recommendation on the action to
the Planning Commission and the City Council.
2. 2. The Planning Commission and City staff shall have the
authority to request additional information from the applicant
concerning operational factors or to retain expert testimony with the
consent and at the expense of the applicant concerning operational
factors. Said information is to be declared necessary to evaluate the
request and /or to establish performance conditions in relation to all
pertinent sections of this Chapter. Failure on the part of the applicant
to supply all necessary supportive information may be grounds for
denial of the request.
3. 3. The applicant or their representative may appear before the
Planning Commission in order to present information and answer
questions concerning the proposed request.
4. 4. The Planning Commission shall recommend such actions or
conditions relating to the request as they deem necessary to carry out
the intent and purpose of this Chapter.
5. 5. The City Council shall not consider a site plan application until
they have received a report and recommendation from the Planning
Commission and City staff.
6_6. Upon receiving the report and recommendation of the
Planning Commission, the City Administrator shall schedule the
application for consideration by the City Council. Such reports and
recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
7. 7. The applicant or their representative may appear before the
City Council in order to present information and answer questions
concerning the proposed request.
8. 8. Approval of a request shall require passage by a majority vote
of the entire City Council.
Section 1070 (Administration, Permits and Procedures) Page 16
June 23, 2011
Subd. 5.
Subd. 6.
Evaluation Criteria. The Planning Commission and City Council shall
evaluate the effects of the proposed site plans. This review shall be based
upon, but not be limited to, compliance with the City Comprehensive Plan
and provisions of the Zoning Ordinance.
Information Requirement. Every application must contain the following
written and graphic materials in the number and size as required by the
Zoning Administrator:
4,A. The applicant shall submit electronic files in a manner specified by the
City. The applicant may appeal directly to the City Council for a waiver of
this requirement for applications for a single family home. No waiver
shall be granted under this subsection unless the Council finds that the
applicant and his surveyor do not have ready, economical access to the
technology required to comply with the filing requirement.
2,B. Location, address (if assigned), legal description, and Hennepin
County property identification number (P.I.N.) of the parcel.
3,C. Site Plan
•1. Name and address of developer /owner.
•2. Name, address and Minnesota registration number of
architect /designer /engineer.
•3. Date of plan preparation.
•4. Dates and description of all revisions.
•5. Name of project or development.
•6. Scale of plan (engineering scale only, at one inch equals 50 feet or
less). All plan sheets shall be prepared using the same scale.
•7. North point indication.
•8. Site data computations including lot dimension, area, and building
coverage percentage.
•9. Required and proposed setbacks.
.10. Location, setback and dimension of all buildings on the lot
including both existing and proposed structures.
Section 1070 (Administration, Permits and Procedures) Page 17
June 23, 2011
.11. Total number of proposed dwelling units, if any.
.12. Location of all adjacent buildings, improvements and natural
resources located within 100 feet of the exterior boundaries of the
property in question.
.13. Adjacent roadway widths.
.14. Location, number, and dimensions of existing and proposed
parking spaces.
.15. Location, number, and dimensions of existing and proposed
loading spaces.
.16. Curb cuts, driveways.
.17. Vehicular circulation.
.18. Sidewalks, walkways.
.19. Site lighting plan.
.20. Sign Plan.
.21. Location of recreational and service areas.
.22. Location of rooftop equipment and proposed screening.
.23. Provisions for storage and disposal of waste, garbage, and
recyclables.
.24. Existing and proposed utility easements and fire hydrants.
.25. Location, sizing, and type of water and sewer system mains
and proposed service connections.
4.D. Grading /Storm Water Drainage Plan
41. Existing contours at 2 -foot intervals.
112. Proposed grade elevations, 2 -foot maximum intervals.
Q3. Drainage plan including configuration of drainage areas and
calculations.
Section 1070 (Administration, Permits and Procedures) Page 18
June 23, 2011
D4. Impervious surface area calculation.
15. Storm sewer, catch basins, invert elevations, type of castings,
and type of materials.
F-.6. Spot elevations.
6,7. Proposed driveway grades.
14,8. Surface water ponding and treatment areas.
1,9. Erosion control measures.
110. Location of proposed street lights, as well as utilities, including
electricity, gas, telephone, and CATV.
&E. Landscape Plan
1. Planting Schedule (table) containing:
a. Symbols.
b. Quantities.
c. Common names.
d. Botanical names.
e. Sizes of plant material.
f. Root specification (bare root, balled and burlapped, potted, etc.).
g. Special planting instructions.
2. Location, type and size of all existing significant trees to be removed
or preserved.
3. Planting detail (show all species to scale at normal mature crown
diameter or spread for local hardiness zone).
4. Typical sections in details of fences, tie walls, planter boxes, tot lots,
picnic areas, berms and the like.
5. Typical sections of landscape islands and planter beds with
identification of materials used.
Section 1070 (Administration, Permits and Procedures) Page 19
June 23, 2011
6. Details of planting beds and foundation plantings.
7. Note indicating how disturbed soil areas will be restored through the
use of sodding, seeding, or other techniques.
8. Delineation of both sodded and seeded areas with respective areas in
square feet.
9. Coverage plan for underground irrigation system, if any.
10. Where landscape or man -made materials are used to provide
screening from adjacent and neighboring properties, a cross - through
section shall be provided showing the perspective of the site from the
neighboring property at the property line elevation.
11. Other existing or proposed conditions which could be expected to
affect landscaping.
6,F. Other Plans and Information
a:1.Proof of ownership of the land for which site plan approval has been
requested.
b2. Current Survey (within one year of application date).
€3.Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
d 4. "Typical" floor plan and "typical" room plan.
eS.Fire Protection Plan.
. Extent of and any proposed modifications to land within the Wetland,
Shoreland or Floodplain District as described and regulated in
Sections 1050.010, 1050.020, and 1050.030.
g7.Type, location and size (area and height) of all signs to be erected
upon the property in question.
14,8. Certification that all property taxes, special assessments,
interest, or City utility fees due upon the parcel of land to which the
application relates have been paid.
b9. Sound source control plan.
Section 1070 (Administration, Permits and Procedures) Page 20
June 23, 2011
Subd. 7. Plan Modifications.
A_A-Minor Changes.
1. 1. Qualifications:
A a. Structural additions involving 10 percent or less of the total
existing floor area.
lib. Site expansions or modifications involving 10 percent or less of
the total existing site area.
2. 2. Proposed minor changes which meet all ordinance
requirements may be approved by the Zoning Administrator prior to a
building permit being issued and shall not require Planning
Commission or City Council review, subject to the following:
A,a. This Section shall apply to developments on file that have City
Council approved site plans.
lib. Compliance with all Ordinance requirements, which shall be
construed to include all adopted policies and codes.
&c.Any variances from Ordinance and policy requirements shall
require the plan to be subject to the established review and
hearing procedures for plan and variance approval.
ad. Plans submitted for minor changes under the terms of this
Section shall be the same as those required for site plan approval
by the Zoning Administrator.
Te.Minor changes approved by the City shall be placed on file with the
City Council approved plans.
B. B. Major Changes.
1_1. Plans not qualifying as minor shall be classified as major.
2. 2. An amended site plan involving major changes shall be applied
for and administered in a manner similar to that required for a new
site plan.
Subd. 8. Expiration.
A 4-Unless otherwise specified by the Zoning Administrator or City
Council at time of approval, permit approval shall expire within one year
Section 1070 (Administration, Permits and Procedures) Page 21
June 23, 2011
Subd. 9.
of the date of approval unless the property owner or applicant has
substantially started the construction of any building, structure, addition
or alteration, or use requested as part of the approved plan. Prior to the
expiration, the applicant may apply for a time extension of up to one year.
B.B. The request for extension shall submitted to the Zoning Administrator
not less than 30 days before the expiration of said approval and shall
include the renewal fee as set forth in the City Code and state facts
showing a good faith attempt to complete or utilize the use permitted in
the conditional use permit. A request for an extension not exceeding one
year shall be subject to the review and approval of the Zoning
Administrator. Should a second extension of time or any extension of
time longer than one year be requested by the applicant, it shall be
presented to the Planning Commission for a recommendation and to the
City Council for a decision.
C. In making its determination on whether an applicant has made a good
faith attempt to utilize the site plan approval, the Zoning Administrator or
the City Council, as applicable, shall consider such factors as the type,
design, and size of the proposed construction, restrictions on financing, or
special and /or unique circumstances beyond the control of the applicant
which have caused the delay.
Performance Agreement and Financial Guarantee. Following the approval of
a site plan and before issuance of a building permit, the applicant, shall
guarantee to the City the completion of all private exterior amenities as
shown on the approved site plan and as required by the site plan approval.
This guarantee shall be made by means of a performance agreement as
provided below:
i.A. Performance Agreement.
•1. The applicant shall execute the site improvement performance
agreement on forms provided by the City. The agreement shall be
approved as to form and content by the City Attorney and shall define
the required work and reflect the terms of this Section as to the
required guarantee for the performance of the work by the applicant.
•2. The required work includes, but is not limited to, private exterior
amenities such as landscaping, private driveways, parking areas,
recreational fields, structures or buildings, signage, lighting, drainage
systems, water quality ponds, wetland mitigation, wetland buffers,
erosion control, curbing, fences and screening, and other similar
facilities.
Section 1070 (Administration, Permits and Procedures) Page 22
June 23, 2011
i4B. Financial Guarantee.
1. Financial guarantees acceptable to the City include cash, cash escrow;
an Irrevocable Letter of Credit; performance bond; or other financial
instruments which provide equivalent assurance to the City and
which are approved by the Zoning Administrator.
2. The financial guarantee shall be for 125 percent of the estimated costs
of improvements, as approved by the City Engineer.
3. The term of the financial guarantee shall be for the life of the site
improvement performance agreement. It shall be the responsibility of
the applicant to insure that a submitted financial guarantee shall
continue in full force and effect until the Zoning Administrator shall
have approved and accepted all of the work undertaken to be done
and shall thereby have released the guarantee or reduced the amount
of the guarantee as provided in this Section.
4. The applicant may submit a separate financial guarantee for that
portion of the required work consisting solely of landscaping
improvements with another financial guarantee for all other exterior
amenities and improvements which comprise the work.
iC. The time allowed for completion of the required improvements shall
be set out in the site improvement performance agreement. The
agreement and the financial guarantee shall provide a means to the City
to cure a default or reimburse the City the cost of enforcement measures.
As various portions of such required work are completed by the applicant
and approved by the City, the Zoning Administrator may release such
portion of the financial guarantee as is attributable to such completed
work. Landscaping improvements shall not be deemed complete until the
City has verified survivability of all required plantings through one winter
season which is defined for the purpose of this Section as the period of
October 31 through April 30.
i -D. The applicant shall notify the City in writing when all or a portion of
the required improvements have been completed in accordance with the
approved plan and may be inspected. Upon receipt of such notice, the
Zoning Administrator shall be responsible for the inspection of the
improvements to determine that the useful life of all work performed
meets the average standards for the particular industry, profession, or
material used in the performance of the work. Any required work failing
to meet such standards shall not be deemed to be complete and the
applicant shall be notified in writing as to required corrections. Upon
determination that the work has been completed, including the winter
season survivability of all landscape improvements, a notice of the date of
Section 1070 (Administration, Permits and Procedures) Page 23
June 23, 2011
Subd. 10.
Subd. 11.
Subd. 12.
Subd. 13.
•
actual completion shall be given to the applicant and appropriate action,
to release or to reduce the amount of the financial guarantee shall be
taken by the Zoning Administrator.
Minnesota State Building Code. The review and approval of site
improvements pursuant to the requirements of City adopted building and
fire codes shall be in addition to the site plan review process established
under this section. The site plan approval process does not imply compliance
with the requirements of these building and fire codes.
Plan Agreements. All site and construction plans officially submitted to the
City shall be treated as a formal agreement between the building contractor
and the City. Once approved, no changes, modifications or alterations shall
be made to any plan detail, standard, or specifications without prior
submission of a plan modification request to the Zoning Administrator for
review and approval.
Enforcement. The Zoning Administrator shall have the authority to order the
stopping of any and all site improvement activities, when and where a
violation of the provisions of this section has been officially documented.
Certification of Taxes Paid. Prior to approval of an application for a site plan,
the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees
due upon the parcel of land to which the site plan application relates.
e -.e.. .e eye:
1070.060 - Administrative Permits and Approvals
Subd. 1.
Purpose. The purpose of this section is to establish regulations and
procedures for the processing and consideration of activities allowed by
administrative permit, and of matters requiring the approval of the Zoning
Administrator with the goal of protecting the health, safety, and welfare of
the citizens of the City.
Subd. 2. Administrative Permits
A. Procedures
1. Application for an administrative permit shall be filed by the property
owner or designated agent with the Zoning Administrator on an
official application form.
Section 1070 (Administration, Permits and Procedures) Page 24
June 23, 2011
Subd. 3.
2. A non - refundable fee as set forth by the City Code shall accompany the
application.
3. The Zoning Administrator shall review the application and related
materials and shall determine whether the proposal is in compliance
with all applicable evaluation criteria, codes, ordinances, and
applicable performance standards set forth in this Chapter.
4. The Zoning Administrator shall make a determination of approval or
denial of the administrative permit pursuant to Minnesota Statutes
15.99.
5. A written permit shall be issued to the applicant when a
determination of compliance has been made. Specific conditions to
assure compliance with applicable evaluation criteria, codes,
ordinances, and the standards of this Chapter may be attached to the
permit.
6. Determination of non - compliance with applicable codes, ordinances,
and the standards in this paragraph shall be communicated to the
applicant in writing and the application for the permit shall be
considered denied; unless, within 10 days of the date of such notice,
the applicant submits revised plans and /or information with which
the Zoning Administrator is able to determine compliance.
7. Unresolved disputes as to administrative application of the
requirements of this paragraph shall be subject to appeal as defined
by Section 1070.090 of this Chapter.
Evaluation Criteria. The Zoning Administrator shall consider possible
adverse effects of the proposed events or activity. Judgment shall be based
upon (but not limited to) the following factors:
A. Compliance with and effect upon the Comprehensive Plan and public
facilities plans.
B. The establishment, maintenance or operation of the use, event, or activity
will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or comfort.
C. The use, event, or activity will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
Section 1070 (Administration, Permits and Procedures) Page 25
June 23, 2011
D. The establishment of the use, event, or activity will not impede the
normal and orderly development and improvement of surrounding
property for uses permitted in the district.
E. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use, event, or activity which is proposed.
F. The use, event, or activity shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
G. The use, event, or activity and site conform to the performance standards
as outlined in Section 1060 and all other applicable provisions of this
Chapter.
Subd. 4. Information Requirements. The information required for all administrative
permit applications shall include:
Subd. 5.
4:A. A concise statement describing the proposed use, event or activity,
including the purpose, type of merchandise involved, dates and times of
operation, number of employees involved, provisions for on -site security,
provisions for on -site parking, and other pertinent information required
by the Zoning Administrator to fully evaluate the application.
2,B. A copy of the approved site plan for the property or an "as built"
survey which accurately represents existing conditions on the site,
including entrances and exits, bona fide parking and driving areas, and
which accurately indicates any proposed temporary structures, including
tents, stands, and signs.
&C. An accurate floor plan, when in the judgment of the Zoning
Administrator, such a plan is necessary to properly evaluate the location
of the event and the effectiveness of available entrances and exits.
4.D. A copy of the current sales tax certificate issued by the State of
Minnesota, if applicable.
&E. Information identified in Section 1070.050, as may be applicable.
Performance Standards. All uses, events or activities allowed by
administrative permit shall conform to the applicable standards outlined in
the zoning district in which such use, event or activity is proposed.
Subd. 6. Administration and Enforcement
A. The Zoning Administrator shall keep a record of applications and
administrative permits.
Section 1070 (Administration, Permits and Procedures) Page 26
June 23, 2011
Subd. 7.
Subd. 8.
B. A copy of all administrative permits issued shall be forwarded to
appropriate staff as determined by the Zoning Administrator.
C. Enforcement of the provisions of this paragraph shall be in accordance
with Section 1080. Violation of an issued permit or of the provisions of
this section also shall be grounds for denial of future permit applications.
Certification of Taxes Paid. Prior to approving an application for an
administrative permit, the applicant shall provide certification to the City
that there are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the parcel of land to which the administrative
permit application relates.
Non - Permit Approvals. In cases where the Zoning Administrator is given
approval authority without a requirement for an administrative permit,
determinations shall be based upon the criteria outlined in Subd. 2. of this
Section.
1070.065 - Certificate of Compliance
Subd. 1.
Purpose. The purpose of this section is to establish regulations and
procedures for the processing Certificates of Compliance and of matters
requiring the approval of the Zoning Administrator with the goal of
protecting the health, safety, and welfare of the citizens of the City.
Subd. 2. Certificate of Compliance
A. Procedures
1. Application for an administrative permit shall be filed by the property
owner or designated agent with the Zoning Administrator on an
official application form.
2. A non - refundable fee as set forth by the City Code shall accompany the
application.
3. The Zoning Administrator shall review the application and related
materials and shall determine whether the proposal is in compliance
with all applicable evaluation criteria, codes, ordinances, and
applicable performance standards set forth in this Chapter.
4. The Zoning Administrator shall make a determination of approval or
denial of the certificate of compliance permit pursuant to Minnesota
Statutes 15.99 as may be amended.
Section 1070 (Administration, Permits and Procedures) Page 27
June 23, 2011
Subd. 3.
5. A written permit shall be issued to the applicant when a
determination of compliance has been made. Specific conditions to
assure compliance with applicable evaluation criteria, codes,
ordinances, and the standards of this Chapter may be attached to the
permit.
6. Determination of non - compliance with applicable codes, ordinances,
and the standards in this paragraph shall be communicated to the
applicant in writing and the application for the permit shall be
considered denied; unless, within 10 days of the date of such notice,
the applicant submits revised plans and /or information with which
the Zoning Administrator is able to determine compliance.
7. Unresolved disputes as to administrative application of the
requirements of this paragraph shall be subject to appeal as defined
by Section 1070.090 of this Chapter.
Evaluation Criteria. The Zoning Administrator shall consider possible
adverse effects of the proposed events or activity. Judgment shall be based
upon (but not limited to) the following factors:
A. Compliance with and effect upon the Comprehensive Plan and public
facilities plans.
B. Compliance with all City Code requirements.
C. The establishment, maintenance or operation of the use, event, or activity
will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals or comfort.
D. The use, event, or activity will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
E. The establishment of the use, event, or activity will not impede the
normal and orderly development and improvement of surrounding
property for uses permitted in the district.
F. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use, event, or activity which is proposed.
G. The use, event, or activity shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
Section 1070 (Administration, Permits and Procedures) Page 28
June 23, 2011
H. The use, event, or activity and site conform to the performance standards
as outlined in Section 1060 and all other applicable provisions of this
Chapter.
Subd. 4. Information Requirements. The information required for all administrative
permit applications shall include:
A. A concise statement describing the proposed structure, use, event or
activity, including any pertinent information required by the Zoning
Administrator to fully evaluate the application.
B. A copy of the approved site plan for the property or a survey which
accurately represents existing conditions on the site and which accurately
indicates the proposed changes.
C. An accurate floor plan, when in the judgment of the Zoning
Administrator, such a plan is necessary to properly evaluate the
application.
D. Information identified in Section 1070.050, as may be applicable.
Subd. 5. Administration and Enforcement
A. The Zoning Administrator shall keep a record of applications and
certificates.
B. A copy of all certificates of compliance issued shall be forwarded to
appropriate staff as determined by the Zoning Administrator.
Subd. 6.
C. Enforcement of the provisions of this paragraph shall be in accordance
with Section 1080. Violation of an issued permit or of the provisions of
this section also shall be grounds for denial of future permit applications.
Certification of Taxes Paid. Prior to approving an application for an
certificate of compliance, the applicant shall provide certification to the City
that there are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the parcel of land to which the certificate of
compliance application relates.
1070.070 - Development Rights Map
Subd. 1.
Purpose. The Development Rights Map reflects the number of building
rightdevelopment rights remaining on properties zoned Agricultural and
Rural Residential and is intended to show the maximum number of
residential units that may be developed per individual property.
Section 1070 (Administration, Permits and Procedures) Page 29
June 23, 2011
Subd. 2.
Subd. 3.
Maintenance. The number of development rights shown on the map shall be
revised to reflect the number of remaining building rightdevelopment rights
on property following subdivision of the land or paving of the adjacent street.
It shall be the duty of the Zoning Administrator to maintain the map as
required.
Appeals. Should an objection to the number of development rights remaining
on a particular property arise, the property owner may file an appeal to be
heard by the City Council. All appeals should be submitted in writing to the
Zoning Administrator and should state the calculation error or other
justification for the objection. The Council may decide the matter at any
regularly scheduled meeting. A property owner may only file a second
appeal for the same property if the justification has changed.
1070.080 - Fees
Subd. 1. Administrative fees shall be charged to the applicant based on the fee
schedule adopted by City Council resolution.
Subd. 2.
Subd. 3.
In addition to the application fees set by the City Council, the applicant shall
provide an escrow and agree to pay the total cost of staff and consultant time
spent exclusively in reviewing and researching the application and
presenting requests to the Planning Commission and City Council.
Fees shall be payable at the time applications are filed with the City and are
not refundable unless the application is withdrawn prior to Planning
Commission review.
Subd. 4. Any escrow not spent on application review shall be refunded to the
applicant after the review and administrative process is completed.
1070.090 - Appeals
Subd. 1. Board Designation. The City Council shall serve as the Board of Adjustments
and Appeals.
Subd. 2.
Subd. 3.
Applicability. An appeal shall only be applicable to an interpretation of
legislative intent of provisions of this Chapter. Opinions and evaluations as
they pertain to the impact or result of a request are not subject to the appeal
procedure.
Filing. An appeal from the ruling of an administrative officer of the City shall
be filed by the property owner or their agent with the Zoning Administrator
within 30 days after the making of the order being appealed.
Section 1070 (Administration, Permits and Procedures) Page 30
June 23, 2011
Subd. 4.
Stay of Proceedings. An appeal stays all proceedings and the furtherance of
the action being appealed unless it is certified to the Board of Adjustment
and Appeals, after the notice of appeal is filed, that by reason of facts stated
in the certificate a stay would cause imminent peril to life and property. In
such case, the proceedings shall not be stayed other than by a restraining
order which may be granted by a court of record on application, and upon
subsequent notice to the City.
Subd. 5. Procedure. The procedure for making such an appeal shall be as follows:
Subd. 6.
4,A. The property owner or their agent shall file with the Zoning
Administrator a notice of appeal stating the specific grounds upon which
the appeal is made. Said application shall be accompanied by a fee set
forth in the City Code.
2,B. The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports when appropriate and shall provide general
assistance in preparing a recommendation on the action to the Board of
Adjustment and Appeals.
3,C. The Board of Adjustment and Appeals shall make its decision by
resolution.
4:D. The Zoning Administrator shall serve a copy of the final order of the
Board upon the petitioner by mail.
Appeals from the Board of Adjustment and Appeals. Any person or persons,
any private or public board, or taxpayer of the City aggrieved by any decision
of the Board of Adjustment and Appeals shall have the right to seek review of
the decision with a court of record in the manner provided by the laws of the
State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such
statutes may be from time to time amended, supplemented or replaced.
Section 1070 (Administration, Permits and Procedures) Page 31
June 23, 2011
SECTION 1080 - ENFORCEMENT PROVISIONS
Subd. 1.
Subd. 2.
Process. This Chapter shall be administered and enforced by the Zoning
Administrator who is appointed by the City Administrator. The Zoning
Administrator may institute in the name of the City of Corcoran any
appropriate actions or proceedings against a violator as provided by statute,
charter, or ordinance. The Zoning Administrator's duties shall include, but
not be limited to, the following:
A A—Periodically inspect buildings, structures, and uses of land to
determine compliance with the terms of this Chapter.
B. 13Notify, in writing, any person responsible for violating a provision of
this Chapter, indicating the nature of the violation and ordering the action
necessary to correct it.
C. —Order discontinuance of illegal use of land, buildings, or structures;
order removal of illegal buildings, structures, additions or alterations;
order discontinuance of illegal work being done; or take any other action
authorized by this Chapter to insure compliance with or to prevent
violation of its provisions, including cooperation with the City Attorney in
the prosecution of complaints.
D. I Maintain permanent and current records of the Zoning Ordinance,
including all maps, amendments, conditional uses and variances.
E. E. Maintain a current file of all permits, all certificates and all copies of
notices of violation, discontinuance, or removal for such time as
necessary to insure a continuous compliance with the provisions of this
Chapter and, on request, provide information to any person having a
proprietary or tenancy interest in any specific property.
Fl Provide clerical and technical assistance to the Planning Commission
and Board of Zoning Adjustments and Appeals.
.M. Receive, file and forward as applicable to the Board of Adjustment,
Planning Commission, or City Council all applications for conditional use
permits, variances, amendments or development plans as required
herein.
H j=IMaintain the Development Rights Map.
Violations. In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained; or any building,
structure or land is used in violation of this Chapter, the Zoning
Administrator, in addition to other remedies, may institute any proper
Section 1080 (Enforcement Provisions) Page 1
June 23, 2011
Subd. 3.
criminal action or proceedings in the name of the City of Corcoran.
Therefore, the Zoning Administrator shall hereby have the powers of a police
officer to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use, to restrain or correct such
violations, to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about said premises.
Penalties. Any person who violates a provision of this Chapter is guilty of a
misdemeanor and, upon conviction thereof, may be punished as allowed by
State Statute and as identified in Section 10.19 (B) of the City Code. Each act
of violation and every day on which a violation occurs or continues is a
separate violation.
(Ord. 231, passed 02 09 06)
Section 1080 (Enforcement Provisions) Page 2
June 23, 2011
APPENDIX A - Design Guidelines
Recommendations for Overall Design Standards
OBJECTIVES
The objective for developing design guidelines for the City of Corcoran is to establish:
• A clear definition of urban design objectives that informs citizens, developers, and
decision - makers.
2• A tool that designers can use to incorporate general and specific approaches and
techniques in their plans that will achieve City design objectives.
3. A basis for uniform and consistent review of development proposals by the City
Council and Planning Commission.
The Corcoran General Design Guidelines should meet the following goals:
Goal 1: Preserve the unique, rural character of Corcoran.
Goal 2: Establish a consistent, high quality baseline design standard for all districts.
Goal 3: Maintain a high quality, harmonious visual environment.
Goal 4: Communicate the community's expectations for new development in Corcoran.
APPLICATION
The design guidelines are intended to be applied in all districts where a District Plan has
been developed. These guidelines are designed to be complimentary to the District Plans,
the existing Comprehensive Plan, the Zoning Map, and Zoning Ordinances. Illustrations
have been included to further explain the design guideline intent.
ORGANIZATION
The District Plans and Design Guidelines begin with General Design Guidelines which apply
across all districts. This general section is followed by the District Design Guidelines and
District Plans which are specific to the three districts in the City of Corcoran - Southwest,
Northeast and Southeast. District Design Guidelines are applied in addition to the General
Design Guidelines, and address unique conditions or uses in that District. The Southwest,
Northeast, and Southeast District Plans accompany the Design Guidelines for each District.
These build on the concepts identified in the Comprehensive Plan.
The Southeast District Plan and Design Guidelines also include the Downtown Illustrative
Plan and Downtown Design Guidelines which are also applied in addition to the General
Design Guidelines and the Southeast District Design Guidelines.
Appendix A - Design Guidelines Page 1
June 23, 2011
General Design Guidelines
Recommendations for Overall Design Standards
GENERAL
• All new development should be designed to value, respect and preserve Corcoran's
identified natural features and resource corridors.
• Rural view sheds and identified view corridors should be preserved and maintained
wherever possible as important contributors to Corcoran's character.
• All new development should provide for pedestrian as well as vehicle circulation,
and shall create links to existing and proposed sidewalks and trails.
• All new development should be sensitive to existing residences in the design and
location of new uses and buildings with respect to shading, viewsheds, and potential
light and noise pollution. Where necessary, appropriate screening or buffering shall
be provided.
• New business parks should not be designed only for larger businesses, but should
also accommodate the small and mid -sized businesses that enhance Corcoran's
rural community.
STREETS, PUBLIC SPACE AND AMENITIES
• All arterial roads should have a minimum 100 -foot setback to preserve a rural road
character. This area shall be maintained as a natural buffer preserving mature trees
and shrubs, with native grasses and wildflowers encouraged.
• Along County Road 116 a rural greenway is proposed with trails and amenities.
New development along this route will be required to continue the greenway
throughout Corcoran based on the City's design.
• Key intersections have been identified as primary entrances to Corcoran and should
be designed as "gateways" to the City; gateway elements could include open space,
unique landscaping, walls or gates, City identity signage and water features.
• Direct access for new developments should be restricted on Highway 55 and County
Roads 101 and 116; driveways serving only one parcel or use should be prohibited
along these roads.
• Direct access from County Road 30 and the new alignment of County Road 50
should be limited. Driveways serving only one parcel or use are highly discouraged
in along these roads.
Appendix A - Design Guidelines Page 2
June 23, 2011
• Through roads with connections to existing roads are encouraged; streets with cul-
de -sacs should be limited.
• All residential development should seek to preserve and maintain some natural
open space; larger developments will be required to designate common areas for
residents shared use and /or to identify and preserve land for a neighborhood park.
SITE PLANNING AND DEVELOPMENT
Marker with
incorporated
signage
Welcoming design element
combines wall and
landscaping with signage
• Well- landscaped open areas should be provided at the main road entryway to new
developments; gateway or welcoming design elements, including water or
landscape features, signage and lighting are encouraged.
-I1
Stormwater
Holding Pond
k 466
,6,4:VLCam
-jr,'
tl= (U�1lll =tlll
Filtration
Vegetation
Trail or
Sidewalk
More formal
and groomed
landscaping
• Preserve and maintain identified natural resource areas, existing healthy areas of
native vegetation, mature trees, wetlands, ponds, and other natural features to the
extent possible; design which harmonizes more groomed and landscaped areas with
more natural landscape is encouraged.
Appendix A - Design Guidelines
June 23, 2011
Page 3
1
• Site design that integrates identity signage and lighting into the landscape is
encouraged.
• Provide for both private and common or public open spaces; connections from open
spaces to existing or proposed trails and sidewalk networks are encouraged.
• Limit parking provided between buildings and the main road; distribute parking
around the building, especially to the side and back of buildings.
Landscaped edge that combines
fence with trees, low shrubs and
ground cover for parking lot
screening and buffering along
sidewalk
• Parking areas should be well- landscaped and screened from the street; larger
parking areas should be planned with internal landscaping and divided into smaller
areas where possible.
• Buildings should be oriented to minimize views of service areas, loading docks and
equipment from the street and other developments; these views can be buffered
with a combination of landscaping and screening; trash areas should not be visible
from the street; where this is not possible- they must be fully screened and buffered
to mitigate the noise and visual impacts.
Appendix A - Design Guidelines Page 4
June 23, 2011
tlf
r.4
„:„..11.vAu!„-rw
r11 11 •
Trail or sidewalk
Swales planted as a rain garden;
plants and soil provide filtration
• Stormwater ponds, dry ponds and other stormwater management or holding areas
shall be designed to be attractive in both flooded and dry conditions; use of native
plants for filtration around pond and wetlands is encouraged.
• Sustainable design approaches to site and landscape design, especially for storm
water management and water shed quality is encouraged.
• All landscaping shall preserve and enhance natural features (such as wetlands,
drainage ways, mature stands of trees, and the like), enhance architectural features,
strengthen vistas and important amenities and provide shade.
ARCHITECTURE
• Buildings should be constructed and maintained for permanence and longevity -
durable, maintainable materials should be used; temporary buildings, metal sheds,
etc. shall not be permitted except when allowed as accessory buildings.
• Buildings should be designed to relate well to the existing environment, both
natural and man -made, and consider context in massing, materials, style and color.
• Design of the landscape and hardscape should be coordinated and harmonious with
the building design and materials.
74,• Multi-family buildings should be designed to provide both private and common
outside space and units with terraces, balconies or other private exterior space are
encouraged. Orientation of building and unit entrances, windows, garages, etc.
should be considered for visual and acoustic privacy.
l-. Buildings should be oriented and designed to consider sun and shade, wind
exposure and snow drifting to avoid creating icy or dangerous conditions.
Appendix A - Design Guidelines Page 5
June 23, 2011
44 I I, y
♦ M
4
4
Entry feature; well distinguished
and covered from the weather
Awning with accent
lighting and graphics
instead of applied signs
1st story with glazed
display windows
• Building entries should be visible from the main street or entry route, and
distinguished from the building facade; entrance areas should be well lit, covered or
protected from weather, and include significant glazing and glass doors where the
public will be entering buildings.
Cornice or roof line
expresses front entry
MIMI= II 1511 151
���� esAM1l rF!@lic,�e:H,''A'! /tr �L • 1• ✓fin ! s Ed e_�
Well defined roof line
and overhang
expression
Maximize glazing,
especially on front
facade
Expressed base and
cap
• Buildings should be designed with quality materials on all sides; all facades shall be
articulated with a variety of materials, glazing or other details to add visual interest,
although the front facade may have a unique design or more significant glazing; long
blank exterior surfaces shall be avoided.
Appendix A - Design Guidelines Page 6
June 23, 2011
Rooftop equipment shall be screened
from the line of site of pedestrians
and integrated into the design and
massing of the roof form
Retail /Commercial Building
• Equipment, mechanical systems, transformers, etc. must be screened from view in a
way that is integral to the architecture of the building. Screening should be
accomplished with materials similar to or compatible with materials used on the
main structure; metal fencing or mechanical vent screens alone are not sufficient.
Roof line -
parapet or
enlarged
cornice
0/- Finish
materials on
all side
t
Retail /Commercial
Building
— Front corner view
of architectural
Back (roof) view of
architectural pier -
element is constructed in
3 dimensions with finish
materials on all sides
• Roof lines and cornice details shall be completed in a 3- dimensional manner so that
the back of roof features or similar unfinished areas are not visible.
Appendix A - Design Guidelines Page 7
June 23, 2011
Projecting
or Hanging
Sign
Wall Sig-t
integrated
into the
building
design
1I
1
yrr�ar�. �� ��rrrtsi�r
�w
Pedestrian - Oriented Tenant Signs
Awning Sign
Window Signs
A,• Signage and lighting which is integrated into the design of the building is
encouraged.
Regional Architectural Styles. The
design of buildings, particularly
important civic buildings, shall
reflect regional traditions.
Agrarian Style
Prairie Style
B,• Architecture of new buildings should be respectful of the existing agricultural and
historical structures which enhance the rural character of Corcoran; design which
reflects the elements of vernacular prairie -style or agrarian architecture is
encouraged.
Appendix A - Design Guidelines Page 8
June 23, 2011
District Design Guidelines
District Descriptions and Recommendations for District Specific Design Standards
District Plan follows_
Southwest District Design Guidelines
The Southwest District offers Corcoran the opportunity to establish a "gateway" to the City
on State Highway 55 at County Road 19. Development in this district should be of the type
and quality that will add significant value for the City. The District Plan calls for high
quality business parks along Highway 55 and County Road 19, with well - landscaped
setbacks and buffers. The presence of a major natural resource corridor creates the
opportunity for mixed residential development offering a mix of housing types and
densities while preserving significant natural features.
SITE DEVELOPMENT
• Site design and landscaping should be designed to work with the existing
topography of this area, preserving the rolling hills and natural view corridors.
• Commercial areas should be designed as high quality business parks, with
appropriate office, commercial and light industrial uses.
• New residential development should include a range of housing types (townhouses
as well as single- family attached and detached) and densities.
• New residential development should reserve land for a neighborhood park as well
as "natural open space "; these spaces should be linked to the trail system.
STREETS AND PUBLIC AMENITIES
• The intersection of County Road 19 and State Highway 55 should be developed as a
"gateway" to the City of Corcoran with appropriate open space and gateway
elements, such as identity signage, lighting, landscape and water features. The
design should express the unique character of Corcoran's rural community.
• Driveways and other direct access from new developments to State Highway 55
shall not be permitted. New access roads shall be provided for access to properties
that currently front the highway.
• Access shall be from a new road network, for both business park and residential
uses, with connections to existing roads; cul -de -sacs are discouraged.
Appendix A - Design Guidelines Page 9
June 23, 2011
SOUTH WE T DISTRICT
August 7. 2003
pisaamd by La M form
Appendix A - Design Guidelines Page 10
June 23, 2011
District Design Guidelines
Descriptions and Recommendations for District Specific Design Standards
1 District Plan follows_
Northeast District Design Guidelines
At one of the major entrances to the City of Corcoran, the Northeast District Plan
establishes a gateway to the community that reflects the City's rural character. The plan
offers opportunities for expanded tax base, jobs and services by taking advantage of Maple
Grove's nearby higher density development. The primary entry into the Northeast District
is County Road 30, where a mixed -use PUD (planned unit development) will combine a mix
of low and medium density residential with mixed -use commercial, including
neighborhood retail, service retail, commercial and office uses. The edge of the district
along County Road 101 is planned primarily for high quality business parks, with some
destination commercial or retail uses closer to the County Road 30 intersection.
GENERAL SITE DEVELOPMENT
• The commercial area along County Road 101 should be designed as high quality
business parks, with appropriate office, commercial and light industrial uses.
• Retail uses should be limited to the commercial area indicated near the County Road
101 and 30 intersection or included within the County Road 30 mixed -use PUD area.
• Within the PUD, residential development should provide for life -cycle housing for
empty nesters, retirees, and first -time home buyers with a range of housing types
(condominiums, townhouses, and single - family attached) and densities.
STREETS, TRAILS, PARKS AND PUBLIC AMENITIES
• County Road 30 is a major entry point into the City of Corcoran, which warrants a
unique design treatment as it meets County Road 101; this intersection should be
developed as a "gateway" with significant landscaped open space and appropriate
entry elements; the design should express the unique character of Corcoran.
• County Road 30 from County Road 116 to County Road 101 should be developed as
a green corridor with landscaped setback, center boulevard and other
enhancements that will express a sense of entry while maintaining an open, rural
road character.
• Enhancements at the intersection of County Roads 116 and 30 should be designed
similar to major County Road 116 intersections in the downtown and southeast
district.
Appendix A - Design Guidelines Page 11
June 23, 2011
• The County Road 116 rural greenway should continue north through this district,
with trail connections to new civic or community spaces as well as retail or
destination uses within the PUD.
• Mixed commercial- retail within the PUD should be designed around public or
common areas that are linked by trails or sidewalks. The design should also include
sidewalks and trails to connect neighborhood retail and public spaces to the
adjacent residential neighborhoods.
• Mixed -use and new residential development within the PUD should include a
designated neighborhood park in addition to natural open space (woods, wetlands,
meadows, etc.).
• The planned extension of County Road 117 to County Road101 should be planned
and designed in a way that is sensitive to existing residential uses in that area.
• Direct access for new developments should be limited on County Roads 101, 116
and 30. Future plans for access on these roads should balance traffic demand and
future development.
Single Si
Two Family
Residential
NORTHE #S
August 7, 2003
Appendix A - Design Guidelines
June 23, 2011
Page 12
This page left intentionally blank.
Appendix A - Design Guidelines Page 13
June 23, 2011
District Design Guidelines
Descriptions and Recommendations for District Specific Design Standards
District Plan follows_
Southeast District Design Guidelines
The Southeast District is intended to be the central focus of new retail and commercial
development within the City. The center of the district is designated as a mixed -use PUD
(planned unit development) combining retail and service commercial with a mix of low,
medium and higher density residential to expand "downtown" Corcoran. The higher level
of anticipated development is balanced by extensive open space and natural resources,
including two golf courses, Lions Park, Corcoran Community Park, and the Rush Creek
corridor. These areas provide some natural boundaries to development in this district and
offer opportunities to create amenities within future developments.
The primary challenge to development in this district is increasing the intensity of use
without overloading the existing transportation network. Current plans to reroute County
Roads 10 and 50 will create safer, better managed traffic flow through the area and
eliminate or correct several difficult and dangerous intersections. County Road 116 will
continue to be the central route through downtown Corcoran, but improvements are
planned for where 116 passes through the downtown area. The alignment of the road will
shift to the east as it comes into downtown, creating additional frontage for improvements
to the existing commercial area on the west side of the road. The road redesign will extend
the planned County Road 116 rural greenway through downtown, and traffic controls,
lighting, gateway identity elements and other improvements will be added at appropriate
intersections to communicate that this is a downtown area.
The Southeast District has the existing Corcoran Community Park with adjacent land
owned by the Rockford School District. This land should continue to be reserved for a
future school and community park. The rerouting of County Road 10 provides an
opportunity to expand the existing park as residential development projects proceed in this
area. The district plan calls for mid to higher density residential development in the
immediate area of the school site, with an emphasis on housing for young families and first -
time buyers.
The center of the Southeast District is the mixed -use PUD which is intended to establish a
new "traditional Main Street type" downtown, and includes the commercial area currently
referred to as downtown Corcoran. The new downtown area should continue to reflect the
character of Corcoran as a rural community, while offering Corcoran residents a local place
to shop, eat out, walk, meet neighbors and gather as a community. More detailed
description of the downtown plan and design guidelines, including the proposed
Downtown Overlay District are provided in the Downtown Illustrative Plan and Design
Guidelines section.
Appendix A - Design Guidelines Page 14
June 23, 2011
The existing downtown commercial area along the west side of County Road 116 and along
the current County Road 10/50 intersection is planned to remain commercial, but
improvements or redevelopment should plan to close driveways from County Road 116,
address parking issues and improve the overall appearance of the area. The existing
business - industrial park will remain but, in the future, office and business uses will be
encouraged over industrial uses.
GENERAL
• Development should be appropriate for a traditional downtown area, with buildings
combining retail, commercial, and residential uses. Buildings of two or more stories
are encouraged.
• Site design and landscaping should be designed to work with the existing
topography of the area, preserving the rolling hills, Rush Creek natural resources
corridor, woods and wetlands, and natural view sheds and corridors.
• New residential development should provide for the full range of life cycle housing,
offering choices of housing types (apartment style, condominium lofts or flats,
townhouses as well as single- family attached and detached) at low, medium and
higher densities.
• New medium and higher density residential development should be sensitive to
existing residential uses, with well- designed transitions from multi - family to
existing single family residential areas.
TND example with traditional street
grid and porches facing the street
Alley with garage access at mid -
block and rear of house
Sidewalks and boulevards with
regularly spaced street trees
• Traditional neighborhood design (TND), based on a traditional street grid and
blocks with alleys for garage access, is a desirable option for downtown medium
density areas. Single family houses, either detached or attached, should face the
street with front porches and stoops, with front yards, sidewalks and boulevards
with regularly spaced street trees lining the block.
Appendix A - Design Guidelines Page 15
June 23, 2011
Example of
protruding garage
form. Garage
forward design
dominates view from
sidewalk and street
and is highly
discouraged
• All downtown residential developments should be planned and designed to
minimize paving for driveways and surface parking. Garage forward or protruding
garage homes or townhomes are highly discouraged.
LAND USE
• Destination retail, restaurant and entertainment uses are encouraged in this district,
with a downtown location preferred over other commercial districts.
• Development of "big box" retail -only centers are highly discouraged in the Southeast
District. Within the downtown mixed -use PUD, larger retail stores may be included,
but should be designed in combination with smaller stores and other
complementary uses.
• Commercial development such as "fast food ", new gas stations, or similar auto -
dominated and drive - through facilities, "big box" or large retail -only or other single -
use commercial developments and stand -alone "pads" developed with corporate
architecture are discouraged in the downtown area.
SITE DEVELOPMENT
• Mixed -use, commercial and retail within the downtown PUD should be designed
around public or common areas, linked by a pedestrian network of sidewalks and
trails. This network of open space should include formal plazas, squares and
gardens, designated parks and informal landscaped greens, in addition to more
natural areas of open space (woods, wetlands, meadows, etc.).
• Downtown buildings should be oriented to the street, with the majority of parking
to the side or rear. Building entrances from the rear parking area are acceptable if a
Appendix A - Design Guidelines Page 16
June 23, 2011
front entry from the street is also provided; otherwise the main entry should be
located at the building corner with equal access to the street and parking lot.
• New development in higher density areas can create significant storm water issues,
so creative approaches to the management of storm water runoff are encouraged.
STREETS, TRAILS, PARKS AND PUBLIC AMENITIES
• The existing road network should be maintained as a continuous network, with new
connections where needed. Cul -de -sacs are strongly discouraged.
• County Road 116 is proposed as a rural greenway corridor with landscaped setback,
trails and public amenities. Where County Road 116 passes through downtown, this
road curves to the east to allow for a center landscaped boulevard and other
enhancements that will express a sense of downtown identity. The intersections of
County Road 116 and Larkin Rd (new County Road 50), and County Road 116 and
City Hall Drive (proposed new road just south of City Hall) mark the entry points
into this area, and the start of the proposed boulevard. The design of these
intersections should balance the needs of traffic and pedestrians.
• The County Road 116 rural greenway should continue north and south through this
district, with trail connections to new civic and community spaces and uses.
• Direct access for new developments is restricted on County Road 116 and should be
limited on County Roads 50 and 10.
• New residential development should reserve land for a neighborhood park as well
as designating preserved common areas of both landscaped and "natural" open
space.
• New public spaces, parks, and common greens or open space should be linked to
other community parks and open space with trail connections to the existing and
proposed City parks and trail system.
• Pedestrian safety should be provided for in the design of streets in this district.
Enhancements to safety, including crosswalks, narrowed intersections, lighting,
planted center medians, and landscaped boulevards that include street trees and
warning signage are encouraged.
ARCHITECTURE
• Commercial development should be designed with a traditional "downtown"
character and quality; two and three -story buildings are encouraged.
Appendix A - Design Guidelines Page 17
June 23, 2011
• Rural architecture styles, such as prairie style, are encouraged, as are the use of
regional building materials and native plants and landscaping.
i 1S 0141,4 4n
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S OUTHEAST DISTRICT
August 7, 2003
MAPLE
GROVE
Appendix A - Design Guidelines
June 23, 2011
Page 18
This page left intentionally blank.
Appendix A - Design Guidelines Page 19
June 23, 2011
District Design Guidelines
Descriptions and Recommendations for Downtown Design Standards
Downtown Illustrative Plan follows_
The Downtown Illustrative Plan and Design Guidelines
Downtown is the center of the Southeast District, bounded by City Hall and the Rush Creek
Golf Course to the north, the existing commercial along existing County Roads 50/10 and
116 to the west, Maple Hill Road to the east and the Shamrock Golf Course to the south.
The downtown is intended to offer citizens a central community "place" with small town
downtown qualities, including a pedestrian - friendly environment, spaces for community
get - togethers and activities and the community resources every City needs. Anchored by
the City Hall, the downtown district will be the eventual location of other public buildings,
such as a post office and library. The downtown plan also includes public amenities such as
a linear town square with a gazebo, memorials, etc., City Park and band shell and future
water tower.
The Downtown Plan illustrates the type of town plan layout and the community spaces and
amenities envisioned by the City of Corcoran. The purpose of the Corcoran Downtown
Illustrative Plan and Downtown Design Guidelines is to provide for the orderly and
integrated development of a high - quality downtown for Corcoran that includes a mix of
shops, restaurants, offices, housing, recreation, community facilities, parks and open space,
all within a walkable area designed to be both pedestrian- friendly and auto - accessible. The
downtown PUD (planned unit development) will allow for a mix of commercial, retail,
institutional and residential uses to be developed within the context of the Southeast
District Plan and Design Guidelines. Downtown residential areas are planned to include a
wide range of housing types, and several of these types are illustrated in the plan and
described in the design guidelines. The Downtown Illustrative Plan will act as a framework
and guide to development within the PUD. The final PUD plan may differ from the
Downtown Illustrative Plan in the details of development of any specific block or site, but
the primary elements of the plan, including the public infrastructure (roads, parks, trails,
open space) and the quality and character which makes this plan unique to Corcoran are
expected to be maintained.
The Downtown Overlay District is a section of the Zoning Ordinance that applies to a
specific area within downtown Corcoran. The Downtown Overlay District is where
development will be most concentrated, and where controls are needed to produce the
traditional "Main Street" qualities that Corcoran is seeking. The Downtown Design
Guidelines that follow will provide more detailed standards for site planning, placement of
building masses, architecture, lighting, signage, materials, and design of the public realm.
GENERAL LAND USE
Appendix A - Design Guidelines Page 20
June 23, 2011
• Downtown development should be appropriate for a traditional downtown area,
with mixed -use buildings combining retail, commercial, and residential uses; two
and three -story buildings are encouraged.
• Destination retail, restaurant and entertainment uses, particularly mixed with
compatible, complementary or other synergistic uses, are encouraged.
• Shared parking should be encouraged to take advantage of varying parking
demands between mixed uses.
• Within the downtown, the Downtown Overlay District is intended to apply to the
pedestrian- oriented "Main Street" area as indicated on the Southeast District Plan.
If the development in this District shifts or extends beyond this boundary, the
Downtown Overlay District may need to be extended accordingly.
• The Downtown Overlay District extends approximately 250 feet on either side of the
right -of -way of all streets within the DOD, and is intended to include all the street
frontage properties.
• Commercial office or retail uses with an accessory drive - through are discouraged in
downtown.
• New auto - dominated commercial development such as fast food, gas, or similar
drive -up or drive - through facilities are discouraged in downtown.
• Commercial "big box" or larger retail -only or other single -use commercial
developments are highly discouraged downtown.
STREETS, TRAILS, PARKS AND PUBLIC AMENITIES
• County Road 116 and Main Street (old County Road 50/10) in the center of
Downtown warrants a unique design treatment. This intersection will be developed
as the entry into Main Street with appropriate identity elements. The County Road
116 greenway will offer trails through a landscaped open space, which extends into
the central village green.
• The County Road 116 roadway and intersections design should provide for the
expected traffic level and turn movements while facilitating safe pedestrian
crossings.
Appendix A - Design Guidelines Page 21
June 23, 2011
North end of linear town square is
anchored by an active use —
commercial, entertainment or cultural
Formal green space with band shell
or gazebo looking out over a wide
lawn (for community concerts or
other events)
Front door angled parking for mixed -
use buildings facing the square, as
well as for park events
Key intersection at County Road 116
and the new "Main Street" (Old County
Road 10/50). Improvements to the
intersection will provide for better
pedestrian crossing and management
of turning traffic
Informal green space with meandering
paths, gardens and passive uses
County Road 116 bows to the east to
create a green "buffer" to soften the
existing commercial while still keeping
good visibility for these businesses. A
new frontage road provides safer access
to these properties
Civic building anchors south end of
linear town square; front plaza provides
an opportunity for memorials, historical
marker or other public elements
• The linear Town Square is conceived as a community focal point with passive uses
(greens, gardens) and active uses (gazebo, bandshell) are incorporated into the
design. Mixed -use buildings line the square, with front door parking provided to
encourage strolling and shopping.
Appendix A - Design Guidelines Page 22
June 23, 2011
• Main Street (old County Road 10/50) is designed as a traditional downtown main
street, lined with street trees and planters, pedestrian street lights, and street
furniture including benches and trash receptacles. The fixtures which are selected
for Main Street should be required on streets within the Downtown Overlay District,
and highly encouraged throughout the downtown for visual continuity.
• All intersections in the downtown should be designed to be safe and accessible for
pedestrians. Enhancements to safety include paving or striping of crosswalks,
narrowed intersections, street lighting, planted center medians or landscaped
boulevards and warning signage at busy crossings.
Sidewalk Zones
AA,— Seating Area
,i,— Pedestrian Path
Lighting /Planting
Aii/— Parking
Crosswalk
Striping
Narrowed
Intersection
with planting
and kiosk
Parking zone defined
by curbing or change
of materials
• Typical sidewalks in the Downtown should be "zoned" to include on- street parking,
landscaping and street trees, lighting, seating areas, a pedestrian or walking path
and area designated for other street furniture and commercial opportunities,
including newspaper boxes and trash receptacles.
• On- street parking is encouraged on streets within the downtown. Streets should be
designed for parking, with the parking zone defined either by curbing or with a
change in paving materials.
Appendix A - Design Guidelines Page 23
June 23, 2011
• Mixed commercial - retail within the PUD should be designed around public or civic
spaces linked by sidewalks. The site development design should also include
connections between civic spaces, retail and adjacent residential neighborhoods.
ARCHITECTURE
• Commercial development should be appropriate for a traditional "downtown" area,
generally with one to three story buildings for a mix of retail, service commercial,
office and residential uses. Four -story buildings may be acceptable for senior
housing and some residential and commercial mixed -use projects.
• All development should be designed with a traditional "downtown" character and
quality: with multi -story buildings lining the streets and wide sidewalks in front.
• Zero lot line buildings are allowed anywhere within the Downtown Overlay District.
Zero lot line buildings are preferred for lots and building facing on Main Street and
highly encouraged on all streets within the downtown.
• Buildings should be oriented to the street with traditional storefronts along the
sidewalk. Awnings, overhangs and arcades are encouraged where pedestrians are
expected to walk and shop.
• Corporate architecture is highly discouraged in downtown Corcoran; corporate
chains should work to customize their architecture to express their design "brand"
within a design, context and material appropriate to the character of downtown
Corcoran.
• Mechanical equipment, service and trash areas must be fully enclosed and
integrated into the architecture and materials of the building.
Building identity signage
highlighted by architectural
elements (cornice)
Tenant signs incorporated
into building "sign band"
above the awning
Appendix A - Design Guidelines Page 24
June 23, 2011
• Signage and graphics should be integral to the building architecture, or used as a
decorative design element. Backlit, box signs are not acceptable in the overlay
district and are discouraged in downtown generally.
• Decorative neon, moving or other decorative sign types are desirable when
displayed within storefront window interiors of downtown buildings.
Appendix A - Design Guidelines Page 25
June 23, 2011
Downtown Area Plan
CAW August 7, ma
Appendix A - Design Guidelines
June 23, 2011
Page 26
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2011 -259
Motion By:
Seconded By:
June 23, 2011
CITY OF CORCORAN
SUMMARY OF ORDINANCE NO. 2011 -258
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 THE CORCORAN CITY CODE,
ENTITLED ZONING ORDINANCE
This ordinance amends the text of the Zoning Ordinance (Chapter 10 of the City Code). The
ordinance consists of both technical and substantive amendments. The text of Chapter 10
(Zoning Ordinance) of the Corcoran City Code is hereby repealed in its entirety and replaced in
its entirety. The ordinances contain amendments to the following articles:
Section 1010 — Title, Purpose and Intent
Section 1020 — Rules and Definitions
Section 1030 — General Requirements
Section 1040 — District Regulations
Section 1050 — Overlay Districts
Section 1060 - Performance Standards
Section 1070 — Administration, Permits and Procedures
Section 1080 - Enforcement Provisions
Appendix A - Design Guidelines
The Zoning Map dated June 23, 2011 is hereby adopted as part of the Zoning Ordinance.
A printed copy of the entire Zoning Ordinance and Zoning Map is available for inspection by any
person at City Hall during the City Clerk's regular office hours.
VOTING AYE
❑ Guenthner, Ken
Asleson, Rich
❑ Cossette, Tom
n Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this 23rd day of June 2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
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City Seal