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HomeMy WebLinkAbout05/27/15 - SpecialCity of Farmington 430 Third Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA SPECIAL PLANNING COMMISSION MEETING May 27, 2015 7:00 PM City Hall Conference room #170 1. CALL TO ORDER 2. DISCUSSION (a) Possible Ordinance Amendments / Discussion Topics 3. ADJOURN City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Possible Ordinance Amendments / Discussion Topics DATE: May 27, 2015 INTRODUCTION Below, are a number of topics / suggested ordinance amendments that staff would like to discuss with the Commission. DISCUSSION Home Occupations Home Occupations are regulated within the City by Section 10 -6 -2 of the zoning ordinance (attached as Exhibit A). Home Occupations are allowed by Conditional Use Permit, and require a public hearing be held at the Planning Commission. It is staffs belief that the existing ordinance is far too general and that it leaves staff in the position of having to make interpretation calls on what uses truly need to be reviewed and regulated under a home occupation ordinance. Some potential changes that could be considered as part of an ordinance amendment are: • Establishing categories for Home Occupations (e.g. "permitted" or "special "). Permitted home occupations would not require a permit or special approval by the City. Special home occupations could be allowed by administrative approval. This would remove the need to approve a conditional use permit (which gets recorded against and remains with a property in perpetuity) and hold a public hearing. • Including provisions and performance standards for all home occupations. • Listing of prohibited home occupations. Microbrewerv, Brewpub, Tap Room From time to time staff will review or be requested to review portions of the City's Zoning Ordinance for potential changes or additions to either address deficiencies in the code or to take advantage of trends that are being seen in other communities or in the region. This topic falls into the later category of trying to take advantage of a trend that is being seen in the region. The City Code would have to be amended in several ways to allow these types of uses, including, defining, and placing the uses in appropriate zoning districts. Some sample definitions are: Microbrewery: An establishment where beer and malt beverages are made on the premises and then sold or distributed, and which produces less than 15,000 barrels of beer per year, Microbreweries sell to the public by one or more of the following methods: the traditional three -tier system (brewer to wholesaler to retailer to consumer); two -tier system (Brewer acting as wholesaler to retailer to consumer); and directly to the consumer. Brewery: An establishment where beer and malt beverages are made on the premises at an annual beer production rate of over 15,000 barrels. Brewpub: An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar and where 40% or more of the beer produced on site is sold on site. Where allowed by law, brewpubs may sell beer "to go" and /or distribute to off -site accounts. Tap Room: A room that is ancillary to the production of beer at a microbrewery, brewpub or brewery where the public can purchase and/or consume on the beer produced on site. Generally, these uses are being seen in commercial and industrial districts. Data Center Currently, the City Code does not address Data Centers either by definition or by use within the City's zoning districts. Minnesota has an ideal climate for this type of use and because of this there has been an increased interest in locating these facilities in the region. A Data Center can be defined as: A centralized repository, either physical or virtual, for the storage, management, and dissemination of data and information organized around a particular body of knowledge or pertaining to a particular business. Staff would like to discuss with the Commission what zoning districts would be appropriate for this type of use. Community Solar Garden The City Code defines "solar energy systems" as a set of devices whose primary purposes is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy. The solar energy systems defined above are meant to service (i.e., provide power) only the properties on which they are located. Solar energy systems are currently listed as accessory uses in the A -1 district, all the residential districts, and conditional in the B -1, B -2, B -3 and I -1 districts. A community solar garden is different than a solar energy system in that it is usually a large scale "farm" of solar panels (an array) that has multiple subscribers that are connected to the utility grid. The subscribers purchase a portion of the power produced by the array and then receive a credit on their utility bill. These community solar gardens are becoming more and more prevalent as many utility companies are now forced to provide a certain percentage of power via solar energy and are providing programs incentivizing the development of these "farms ". Staff would like to have a discussion with the Commission regarding community solar gardens, specifically if the Commission feels they are appropriate for our community and if so where they could be located within the community. Outdoor Donation Receptacles Staff would like to discuss with the Commission if it would be appropriate to develop regulations for these structures. Attached, as Exhibit B, is an example of these type of structures. Some possible regulations could be: limiting how many can be allowed on a property, limiting the location on a property (many are found in parking lots), and possible height limitations. Bees A resident has requested that the City consider /review allowing beekeeping in residential areas. Currently bees are listed as farm animals under Section 6 -4 -2 of the City Code and can be kept on properties that are 2 1/2 acres in size or more. I have attached for your reference a model beekeeping ordinance (Exhibit C) that has been prepared by the Minnesota Hobby Beekeepers Association. I have also attached as Exhibit D an index of local bee ordinances as provided by the resident. Beekeeping has become a popular topic and a number of communities have taken steps to allow it in residential areas. The City of Eagan recently adopted an ordinance that would allow beekeeping in residential neighborhoods provided a $50 permit is applied for and that the applicant has completed a minimum of 8 hours of a beekeeping course or prove that they have 3 or more consecutive years of beekeeping experience within the past 5 years. In addition any hive must be located in the backyard, at least 20 feet from any property line and at least 30 feet from any home. Staff would like to discuss this topic with the Commission and determine if the Commission would be comfortable with staff drafting an ordinance. Dogs The City has been approached by a resident inquiring about the process of amending the City Code as it pertains to the number of dogs that are allowed to be kept on a residential property. The resident would like to see the number of dogs allowed increased. Section 6 -2 -16 of the City Code requires than no more than 2 dogs be kept or harbored on a property. Please consider the request by the resident, and determine if an ordinance amendment is appropriate. If it is determined appropriate please provide direction to staff on what the appropriate number of dogs allowed to be kept on a property should be increased to. Vermillion River Crossings As the Commission is aware the development known as Vermillion River Crossings (VRC) is zoned SSC (Spruce Street Commercial). This development is currently home to McDonald's, Farmington Family Health Medical Clinic and the CDA's Senior Housing apartment complex. Staff would like to have a discussion with the Commission regarding the uses that are currently allowed (SSC zoning code is attached as Exhibit E) as well as the Design Standards for the SSC district (Exhibit F) and whether the Commission would be receptive to amending these portions of code to be more flexible with both land use and design. ACTION REQUESTED Please review, comment and provide direction to staff on the above referenced items. ATTACHMENTS: Type Description a Backup Material Exhibit A o Backup Material Exhibit B a Backup Material Exhibit C © Backup Material Exhibit D a Backup Material Exhibit E o Backup Material Exhibit F Sterling Codifiers, Inc. Page 1 of 1 10 -6 -2: HOME OCCUPATIONS: A home occupation is permitted as an accessory use if it complies with the requirements of this section following all procedures outlined for approval of a conditional use. (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. (B) The home occupation shall be conducted wholly within the principal or accessory structures. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. (D) Only one home occupation shall be permitted for each principal structure. (E) Exterior displays or signs other than a two (2) sided, two (2) square foot, nonilluminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. (F) The activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. (Ord. 002 -469, 2 -19 -2002) httn://sterlingcodifiers.com/codebook/nrintnow.nhn 5/22/2015 1g4 *R. 40.44,11,amm. wor.4.* goo "...b.,. ... 12 February 22, 2007 MODEL BEEKEEPING ORDINANCE prepared by the Minnesota Hobby Beekeepers Association This model ordinance is not intended to be adopted without legal review by counsel representing the jurisdiction considering it. Like any proposed ordinance, it must be reconciled with existing ordinances and may be revised to fit community standards and needs. Our purpose in advancing the model ordinance is to offer a document with the apicultural framework we believe will enable hobbyist and sideliner beekeepers to safely and successfully pursue this pleasurable and economically, culturally and agriculturally critical activity in urban and suburban areas. WHEREAS, honey bees (apis mellifera) are of benefit to mankind, and to Minnesota in particular, by providing agriculture, fruit and garden pollination services and by furnishing honey, and other useful products; and WHEREAS, Minnesota is among the leading states in honey production and agricultural by products associated with beekeeping throughout the United States; and WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swarm and non - aggressive behavior, characteristics which are desirable to foster and maintain; and WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed; NOW THEREFORE, be it ordained and enacted by Section 1. Preamble Adopted. That the findings contained in the preamble of this ordinance are hereby adopted as a part of this ordinance. Section 2. Definitions. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. 2.1 "Apiary" means the assembly of one or more colonies of bees at a single location. 2.2 "Beekeeper" means a person who owns or has charge of one or more colonies of bees. 2.3 "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Page 1 of 5 Model Beekeeping Ordinance February 22, 2007 2.4 "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. 2.5 "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. 2.6 "Honey bee" means all life stages of the common domestic honey bee, apis mellifera species. 2.7 "Lot" means a contiguous parcel of land under common ownership. 2.8 "Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. 2.9 "Undeveloped property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. Section 3. Purpose of Ordinance. 3.1 The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. 3.2 Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. 3.3 Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. Section 4. Standards of Practice. 4.1 Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 4.2 Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive. 4.3 Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect - proof container. 4.4 For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in a Page 2 of 5 Model Beekeeping Ordinance February 22, 2007 hive structure not to exceed one standard 9 -5/8 inch depth 10 -frame hive body with no supers. 4.5 Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. Section 5 Colony Density. 5.1 Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. A flyway barrier is not required if the property adjoining the apiary lot line (1) is undeveloped, or (2) is zoned agricultural, industrial or is outside of the City limits, or (3) is a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary lot line. 5.2 No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot: a. One half acre or smaller lot 2 colonies b. Larger than 1/2 acre but smaller than 3/4 acre lot 4 colonies c. Larger than 3/4 acre lot but smaller than 1 acre lot 6 colonies d. One acre but smaller than 5 acres 8 colonies e. Larger than 5 acres no restriction 5.3 Regardless of lot size, so long as all lots within a radius of at least 200 feet from any hive, measured from any point on the front of the hive, remain undeveloped, there shall be no limit to the number of colonies. No grandfathering rights shall accrue under this subsection. 5.4 If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation the portion of this ordinance limiting the number of colonies if he temporarily houses the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than 30 days from the date acquired. Page 3 of 5 Model Beekeeping Ordinance February 22, 2007 Section 6. Inspection. A designated City official shall have the right to inspect any apiary for the purpose of ensuring compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon prior notice to the owner of the apiary property, and more often upon complaint without prior notice. Section 7. Presumed Colony/Hive Value. For the purpose of enforcing City ordinances against destruction of property, each colony/hive shall be presumed to have a value of $275. Section 8. Compliance. 8.1 Upon receipt of credible information that any colony located within the City is not being kept in compliance with this ordinance, [the designated City official] shall cause an investigation to be conducted. If the investigation shows that a violation may exist and will continue, [the designated City official] shall cause a written notice of hearing to be issued to the beekeeper, which notice shall set forth: a. The date, the time and the place that the hearing will be held, which date shall be not less than 30 days' from the date of the notice; b. The violation alleged; c. That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses and request a court reporter, and d. That if [the designated City official] fmds that they have been kept in violation of this ordinance, and if the violation is not remediated within the time allowed, the bees may be ordered removed and/or destroyed. Notices shall be given by certified US Mail return receipt requested or personal delivery. However, if the beekeeper cannot be located, then notice may be given by publication in a legal newspaper for the county in which the apiary property is located, at least seven days before the hearing. 8.2 The hearing shall be conducted by [the designated City official]. The burden shall be on the City to demonstrate by a preponderance of evidence that the colony or colonies have been kept in violation of this ordinance. If [the designated City official] fmds a violation, then he /she may order that the bees be removed from the City or such other action as may address the violation, and that the apiary lot be disqualified for permitting under this ordinance for a period of 2 years from the date of the order, the apiary lot ownership changes, in which case the prohibition shall terminate. If the order has not been complied with within 20 days of the order, the City may remove or destroy the bees and charge the beekeeper with the cost thereof. Upon destruction of bees by the City, all equipment shall be returned by the City to the beekeeper, with expenses of Page 4 of 5 Model Beekeeping Ordinance February 22, 2007 transportation to be paid by the beekeeper. The City's destruction of the bees shall be by a method that will not damage or contaminate the equipment, include wax foundation. 8.3 The decision of the hearing officer may be appealed by the beekeeper as provided in the City's rules and procedures. If no provision for appeal exists, then the beekeeper may file a notice of appeal with the City secretary within 15 days of the date the order is placed in US Mail to the beekeeper, or 10 days if the decision is announced at the hearing by [the designated City official]. An appeal shall not stay [the designated City official]'s decision, and the beekeeper shall be required to comply with such order pending the outcome of the appeal. 8.4 No hearing and no order shall be required for the destruction of honey bees not residing in a hive structure that is intended for beekeeping. Section 9. Savings Clause. In the event any part of this ordinance or its application to any person or property is held to be unenforceable for any reason, the unenforceability thereof will not affect the enforceability and application of the remainder of this ordinance, which will remain in full force and effect. Section 10. Effective Date. This ordinance shall become effective on , 20 Page 5 of 5 "0 el •,+ O � a 0 V cV •a 4) g o V 0 U V gel.. ..-. 'l7 Q •o c) '8 0 6 o It U 11-4) g O E O'4 u' o '� o o a) o E a� i 4 a a - -9 oct g 173 i.. bz F+i .-1 O c o .O o a . U O ". m N CA a) g - . a) .0 °) x .0 0 bum b .a oR0 g 0 Information as of Aug 1, 2013. Ordinance Language (763) 576 -2700 (952) 953-2500 (651) 792 -7800 (651) 275 -4404 (763) 785 -6122 ,r , . .O y 'b >1 4 0 > 0 - U u ca U Oo 'b •S U V w N 0 V 'L7 O rn c i !3+ A w .4 p 0 > .0 c� 0) 3 ,0 v -°0 p .. ,� w f� o '� W3 0 .O ,q p p al 2 g C4 il o :a 0 p w) w w cA n7 .L _ 3 O Q o 0 03 p 0 O .a 'Z O9, g bq a) .O .4 O .0 N 2 ' O o � • ,1 N .11.) 0 O O = O y N . 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"" 4 c1 M Q L ifl a) tea S .. `""' p cC N E g �' az 2 0 c� 0 - a'-4 O 6 w M V - O .3 E .° 'g p y ° - 3 .c • B "0 'a„ i o bu O • 0 0 0 Z o • OA -, o aa)i o aoi Z = xw NA a- o x • V v x 0 Section 95.23 cn 1 . g cn O oti g r3 ;u CA a) Section 4 -18 Section 62 -1 Chapter 93.18(z) (763) 509 -5080 21170.01 subd.3 (952) 447 -9800 (612) 861 -9702 (763) 537 -4534 (763) 428 -2253 (651) 322 -2022 (651) 792 -7000 (612) 782 -3301 5 Id o g g o o ›, 4.' ° CA . o a a gr a).o '7 E = aU CA 0 O 0 y a O 0 s' ❑UC O GU - yC b 00 t .. . O ? U = ue O y N O . O .,- 0 O a) O V O O o v - O cd o 0" U = g g E0 O N ad y ' a = A >N Q N .b ;v.-. "tl d aRa) b A O O I w 3 0 3 0 3� 2 o . = " 0 ZigP< oaCP a Z Z Z¢ Section 905.41 Section 915.37 Section 125 -1 (763) 753 -2630 Section 8 -3 -5 ca) o Z A x d i Q% ›- . o .. al w O 0 U O � -0 O a.)E n < 7 X, .40 us c4 1:4 cn (952) 924-2500 (651) 266-8989 (651) 459 -9785 (952) 882 -2660 (952) 233 -9300 (651) 490 -4600 (952) 960 -7900 (651) 554 -3200 O y. ▪ s, 0 u ... a v) O a3 P41 tiD g N cn 'b . a O ccb U aO N a V U ) d!I O • - G cb ..p O co c • n ° aa)i .) • bbO U a) 'Ci 0 a' E 0+ 2 j , '. cd w ' N �� U O .� b m 4 �a 14 Q � a as ' al (:).• 4.Ye � a� • o .� 46 5 ° a � a� ' r � � m a) o � ^' ;te+ , D, a\ O z U ) j U U ri U = a) = CI , cd 0 co cea W a= g .n x g Pa vs o w) o P4 c• g o Xi i° N au PQ g w Pa • m o w Ordinance #694 Section 91.01(2) io— 41 O in O ei O N O p U O v ■i au e-1 .-t a) o of to VD 0 cal 134 Section 705.09 x 0 0 Section 15 -1(3) (952) 471 -9051 Bees are not allowed in city limits. (651) 430 -8800 (763) 231 -2555 (952) 443 -4210 (952) 442 -2184 (952) 404 -5300 (651) 552 -4100 (651) 429 -8526 (651) 714 -3500 a,� ° o �2 �� ° hoc ��. 1 a) :fl1•fl^^S cy " cg' ^~ t0- O O 5 �-+ UO O O ,? Sterling Codifiers, Inc. Page 1 of 3 10 -5 -17: SSC SPRUCE STREET COMMERCIAL DISTRICT: (A) Purpose: The SSC Spruce Street commercial district is primarily designated for commercial retail sales and services. This district is not intended to compete with the businesses in the central business district; rather, it is intended to provide a location for those businesses that have space needs that cannot be accommodated in the downtown or would be a disruption to existing development patterns. Development in this district will provide design elements and building and site relationships that emulate traditional main street form to create a walkable pedestrian friendly environment with connections to surrounding areas. The relationship of the Spruce Street commercial district to CSAH 50, future residential development, and the central business district will require a greater sensitivity to design with higher quality standards in order to develop a pleasant, attractive and aesthetically pleasing environment. (B) Bulk And Density Standards: All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: Child daycare center, commercial. Clinic. Commercial recreation, indoor. httn•/ /cterlinarndifierc r.nm /rnrlehnnlr /nrintnnw nhn 5/21/2015 Lot area 1 acre Lot width 100 feet Front yard setback At least 50 percent of the building front shall be within 20 feet of the public right of way or private street edge Side yard setback No requirement Rear yard setback 20 feet Height (maximum) 40 feet All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: Child daycare center, commercial. Clinic. Commercial recreation, indoor. httn•/ /cterlinarndifierc r.nm /rnrlehnnlr /nrintnnw nhn 5/21/2015 Sterling Codifiers, Inc. Page 2 of 3 Commercial services. Health clubs. Personal and professional services. Personal health and beauty. Restaurants, class I, traditional. Restaurants, class III, with liquor service. Retail sales and services. 2. Conditional: Commercial recreation, outdoor. Convenience stores, with gas. Dwellings, multiple - family. Grocery stores. Hotels and motels. Major auto repair (confined to the interior of principal building). Minor auto repair. Mixed use buildings (shall include office, retail, or commercial uses on at least 1 floor and residential apartments or condominiums on upper floors). Public buildings. Public utility buildings. Restaurants, class II, fast food, convenience. Theaters. 3. Accessory: Parking lots. 4. Interim: Mineral extraction. (Ord. 008 -597, 12 -15 -2008) httn:// sterlinacodif iers _com /ccdehcc)k /nrintnow.nhn 5/21/2015 Sterling Codifiers, Inc. Page 1 of 5 10 -6 -21: DESIGN STANDARDS FOR SPRUCE STREET COMMERCIAL, MIXED USE, AND BUSINESS /FLEX ZONING DISTRICTS: (A) Site Development Standards (In Addition To Any Performance Standards That May Be Applicable): These standards apply to the business /flex, mixed use, and Spruce Street commercial zoning districts unless otherwise specified. The zoning districts are depicted on the official zoning map. 1. Outdoor Storage: All materials shall be stored and /or warehoused within the principal building. 2. Off Street Parking: Off street parking areas shall be designed and located to minimize their impacts on adjacent development, streets and pedestrian corridors. Parking lot landscaping is required per this chapter. 3. Sidewalks: Sidewalks shall be provided on both sides of all streets. Trails may be required instead of sidewalks as provided in the city's trail master plan. (a) All pedestrian walkways shall have and maintain a minimum unobstructed pathway width of fifteen feet (15') along the north /south corridor (i.e., the first roadway constructed between CSAH 50 and Spruce Street, west of Denmark Avenue) and within the mixed use area. Pedestrian walkways bordering off street parking areas shall be at least eight feet (8') wide. Pedestrian and bicycle pathways connecting to greenways or trail systems are subject to standards in the city trail master plan. (b) Walkways shall be designed to create a safe and uninterrupted pedestrianway, and to avoid frequent crossings by driveways and streets. (c) Pedestrian walkways shall be designed as amenity areas with approved landscaping, benches, lighting, signage, and street furniture. (d) Pavers shall be required within the sidewalk design and within the crosswalk areas. Installation of the pavers shall comply with city standards. (e) Electrical and water services shall be required within the sidewalk areas to prepare for amenities including (but not limited to) water fountains, clocks, kiosks and seasonal lighting, and shall be master planned during the design phase of the project. 4. Screening: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public rights of way, private street and off street parking areas, and shall be equally effective in winter and summer. Chainlink and slatted fencing are prohibited. 5. Lighting: The lighting in the Spruce Street area shall be designed to create a well balanced, integrated lighting plan for public and private locations that enhances httny / /sterlinacnrlifiers com/cociebonk/nrintnnw F 5/21/2015 Sterling Codifiers, Inc. Page 2 of 5 vehicular and pedestrian visibility while minimizing glare and contrast. Exterior lighting shall comply with section 10 -6 -8 of this chapter. The intent for lighting is to provide needed illumination of the site, while at the same time preventing glare to residential uses either within or adjacent to the site. Light fixtures should be oriented to pedestrian circulation so that pedestrian walkways are emphasized and safety is enhanced. (a) At the time of site plan review for the development, a detailed lighting plan shall be submitted. (b) Any lighting required on the perimeter of parking Tots or along streets shall consist of fixtures illustrated in the city's standard detail plate as "streetlight - downtown district ". The interior portions of parking lots may be lit with cobra lights. 6. Required Amenities: For each development, one of the following amenities per ten (10) acres of net developable land area shall be required and installed at the time of construction of the project. The amenities shall be highly visible, easily accessible outdoor focal points or gathering places for residents, employees, and visitors to the development site: (a) Patio and /or plaza with permanent seating areas; provided such patio or plaza has a minimum depth of fifteen feet (15') and a minimum total area of three hundred (300) square feet. (1) Pavers as required in the city standards shall be installed within the patio or plaza. (2) Patios and plazas shall include pedestrian amenities intended to support these places as gathering areas such as benches, water features, kiosks, etc. (b) Landscaped minipark, square, or green, provided such amenity has a minimum depth and width of fifteen feet (15') and a minimum total area of six hundred fifty (650) square feet, and includes pedestrian amenities intended to support these places as gathering areas. The landscaped miniparks, squares or greens do not count toward the park dedication requirements. (c) Protected customer walkway, arcade, or easily identifiable building pass through containing window displays and intended for general public access. (d) Water feature, such as a pond or fountain, provided the feature is easily accessed by pedestrians and includes or integrates permanent seating areas for pedestrians. (e) Any other well designed area and /or focal feature that the city finds consistent with the intent of these design standards, and that substantially enhances such development and serves as a gathering place for residents, visitors, customers, and employees. 7. Parking Of Bicycles: Bike parking spaces shall be installed at ten percent (10 %) of the total number of automobile spaces within the development. For convenience and security, bicycle parking facilities shall be located near building entrances, shall be placed parallel to the sidewalks, shall be easily visible and shall not be located in remote automobile parking areas. Such facilities shall not, however, be located in httn / /etarlinaonrlifIere nnm /rnrlehnnk/nrintnn «r nhn 5/21/2015 Sterling Codifiers, Inc. Page 3 of 5 places that impede pedestrian or automobile traffic flow or that would cause damage to plant material. Bike racks shall provide a means for the bicycle frame and one wheel to be attached to a permanent fixture (designed for securing bicycles) by means of a lock. (B) Architectural Standards: 1. Fronts Of Buildings: Any building face and yard that abuts CSAH 50, Spruce Street, or Pilot Knob shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut the north -south corridor and the major roads in the mixed use district. 2 Unifying Design Theme: Buildings and /or streetscapes in the Spruce Street commercial district and the business /flex district shall reflect a unifying design theme that incorporates features found along the north /south corridor and within the mixed use district. City staff and the planning commission shall determine whether development proposals satisfy this requirement. 3. Exterior Surfaces: Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or precast panels, decorative block, or approved equivalent, as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed cement ( "cinder ") blocks; fabricated metal or pole construction structures, including sheds, warehouses, and industrial buildings constructed either on or off site of corrugated metal panels; exterior brick that is painted over; or experimental materials with no proven record of durability or ease of maintenance in the intended application. 4. Facades: Unless otherwise agreed to in writing by the community development department, developers of buildings located along the north /south corridor and within the mixed use district shall use facade variations to differentiate separately leased commercial spaces. Facade variations shall incorporate modulated and articulated building wall planes and rooflines through use of: (a) Projections, recesses, and reveals expressing structural bays or other aspects of the facade, with a minimum change of plane of six inches (6 "). (b) Changes in color or graphical patterns, changes in texture, or changes in building material. (c) Varying parapet heights and designs that demonstrate that the buildings are different from each other and that add interest to the streetscape. (d) Recessed entrances. (e) Building entrances that incorporate elements providing shade from the sun and weather protection for pedestrians. (f) Corners which are distinguishable from the remainder of the building through the use of towers, architectural treatments, arches, roof forms, or size and mass. httn • / /sterl i n wend i fi ers. enm /cnrl ehnnk /nri n to nw. nh n 5/21/2015 Sterling Codifiers, Inc. Page 4 of 5 All buildings along the north /south corridor and within the mixed use district shall be constructed with at least one functional or decorative (false facade) upper story. To the extent practical or feasible, variations in rooflines or heights shall be used to differentiate separately leased commercial spaces within buildings. 5. Windows: Windows shall be provided on walls that are adjacent to public or private rights of way, parking lots and sidewalks. False windows are allowed. 6. Projections: Buildings may have one of the following projecting from the building facade: (a) Awnings /canopies over the first floor windows and along the frontage of all building entrances. (1) Projection: Awnings and canopies shall not project more than five feet (5') into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight feet (8'). In no event should an awning or canopy be supported by poles or other structural elements located in the public right of way. (2) Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. (3) Height: The bottom of awnings and canopies should be at least eight feet (8') above sidewalk grade. (4) Illumination: Backlit awnings and canopies are not permitted. (5) Inscription: Lettering on awnings and canopies shall comply with subsection 10- 6= 3(B)1(k) of this chapter. (6) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Other materials may be used if approved by the community development department. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and /or aluminum and shall (if or where visible) incorporate ornamental features. (b) Projecting signs perpendicular to the building. Projecting signs shall comply with subsection 10- 6- 3(B)5(e) of this chapter. 7. Public Entrances: For commercial buildings located along the north /south corridor, each separate ground level tenant space shall have at least one public entrance that faces the north /south corridor. For buildings located within the mixed use district, each separate ground level commercial tenant space shall have at least one public entrance that faces the nearest major public or private street. Developers shall be encouraged to also provide public entrances adjacent to off street parking areas. httn:// sterlingcodifiers .com /codehook /nrintnow.nhn 5/21/2015 Sterling Codifiers, Inc. Page 5 of 5 8. Site Plan Review: All applications shall comply with the requirements of subsection 10- 6-23(E) of this chapter for site plan review. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roofline and setback. 9. Screening Of Roof /Exterior Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. (Ord. 004 -506, 2 -17 -2004) httn://sterlingcodifiers.com/codebook/nrintnownhn 5/21/2015