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HomeMy WebLinkAboutPC Packet 092419City of Falcon Heights Planning Commission City Hall 2077 Larpenteur Avenue West Tuesday, September 24, 2019 7:00 p.m. A G E N D A A.CALL TO ORDER: 7:00 p.m. B. ROLL CALL:John Larkin ____ Tom Williams ____ Colin Stemper ____ Matthew Kotelnicki ____ Scott Wilson ____ Joel Gerich ____ VACANT Council Liaison Harris ____ Staff Liaison Markon ____ C.APPROVAL OF MINUTES – July 23, 2019 D.AGENDA E.INFORMATION AND ANNOUNCEMENTS 1.Vacancy on Planning Commission F.ADJOURN G.WORKSHOP 1.Native landscaping (pg. 6) 2.Vacant building ordinance (pg. 12) 3.Tatum Street vacant parcel (pg. 70) Next meeting: October 22, 2019 If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. City of Falcon Heights City Hall 2077 Larpenteur Avenue West Minutes Planning Commission Meeting Tuesday, July 23, 2019 7:00 PM A. CALL TO ORDER: The meeting was called to order by Vice Chair Colin Stemper at 7:00 PM. B. ROLL CALL: Present: Stemper, Williams, Gerich, Wilson Absent: Larkin, Kotelnicki, Samatar, Council Harris Present Staff Liaison: Markon C. APPROVAL OF MINUTES: May 28, 2019 The minutes were approved as presented by unanimous consent. D. AGENDA 1. Hold a Public Hearing to consider variance request for property at 1800 Albert Street Mr. Todd Thun and Ms. Marsha Keppel have completed an application for a variance request at their property, located at 1800 Albert Street. They are planning to tear down and rebuild the existing detached garage. They are requesting a variance from the required corner side yard setback. The property is located at the corner of Albert Street and Garden Avenue, and the garage faces and is accessed off Garden Avenue, the corner side yard. The lot is approximately 69’ by 296’. Vice Chair Stemper invited Staff Markon to introduce the planned project. Markon stated that in the opinion of the Staff, a sidewalk may need to be added in the future. To add a new garage to the present location, or to build it in the Owner’s proposed location, would certainly block the sidewalk if a vehicle were parked outside of the garage. This could be avoided using the current setback of 15 feet. Also, in the Staff’s opinion, there is plenty of room on the site to build the garage in another location, other than the current location on the site, complying with the current code. For these reasons (and others), the Owners’ plans do not meet with Staff’s approval and should be denied by the Commission. (see Request For Planning Commission Action, Sec. 113.62 – Variances document, and Land Use Variances document for details). Vice Chair Stemper opened the public meeting, and invited the home owner, Todd Thun, to the podium to describe the project. Todd Thun described the project and the reasons for the variance request. Todd Thunn said that in his option there do exist “practical difficulties” in complying with the current code, and that all criteria (in particular Reasonable Use and Unique Circumstance) for Land Use Variances had been met by their written Thun / Keppel Variance Request document. (see Owners’ letter and Attachments). Vice Chair Stemper invited others in attendance for questions and/or comments. Vice Chair Stemper asked if there were any questions. Gerich, Wilson, Stemper and Staff Markon discussed various options and asked questions of the home owner Todd Thunn, about how to avoid the variance. These topics included: - Rebuilding the garage as is (as a 2 car garage) on the current footprint location - Building a 3 car garage on a different location on the site, in some cases requiring the removal of trees and the addition of sidewalks - A neighbor that rebuilt a garage (5 cars) and complied with the current 15 foot setback, and others that have garages that still retain the 5 foot setback - The possibility of putting in a sidewalk one day on the school side of the street if a variance were granted, to avoid blocking the sidewalk - All agree that the whole concern is about the location of the garage (15 setback) not the size of the garage - Cutting down mature trees, cost of concrete, removing a power pole and shoveling snow on a large area of concrete to get to the garage, are concerns - Loss of privacy and views of trees and yards if the garage were moved to the 15 setback - Keeping cars in the garage to avoid snow plows from having to go around cars parked in the short driveway Neighbors / public members in attendance were invited for questions and/or comments. A neighbor / public member to the west spoke. He said Todd Thun described his situation reasonably and in a common sense way. A sidewalk would likely be located on the school side. He has no problem with the variance. It would be the practical thing to do. An Albert Street neighbor / public member said that Todd Thun did an excellent job explaining his situation and he thinks all the neighbors are in favor of it. Getting the cars off the street would be helpful for parents dropping off their kids at school. He does not think putting a 3-car garage in the middle of the lot is a good idea, especially as the neighborhood ages and a future owner would struggle shoveling a path to the garage or carrying groceries between the garage and house. Todd is dead-on with the right decision, a win-win. He says the Commission should allow the variance A neighbor / public member said that he strongly supports the request on its merits, but would also add that Todd and Marsha have had a deep commitment to the neighborhood and believe that they have the interest and welfare of the neighborhood and community in mind when requesting this variance. A neighbor / public member said that he thought Todd gave an excellent presentation and has consideration for the welfare of the community. He has planned the variance in such a way to allow for future plans and changes. There would be more room on the street and the location of the garage would be viable for the Owner and the City. He said he has no objection what-so-ever for implementing this plan. Vice Chair Stemper asked neighbors / public members in attendance, for the third time, for further public questions or comments. Hearing none, he closed the public portion of the meeting. Vice Chair Stemper then asked for any further discussion on the proposed zoning from the commission members. Gerich asked if the role of the Planning Commission (City) is limited to applying the legal standard of practical difficulties to the facts and if the 2011 law is in effect? The answer was yes. In light of that, Gerich said that in his mind it is reasonable that the garage could be placed at another location on the property that would comply with the current zoning. Vice Chair Stemper asked if approved or denied, does the resolution then move to the City Council? Staff Markon responded that the next step would be for the Planning Commission to vote on a recommendation and send it to the City Council for their review at the August 14th meeting. Staff Markon said that whatever the vote by the Planning Commission is, the Findings of Fact and Recommendation document should be changed to reflect the decision of the Commission. Wilson commented that with the question of reasonableness of moving the garage back three feet and being rebuilt, or staying where it is as a two-car garage, he believes that Todd Thun did a really good job of laying everything out and making it crystal clear. Wilson doesn’t think that it is reasonable to say no to having the garage built where it is now, which is closer to where Todd Thun wants it to be, or just moving it back three feet. Vice Chair Stemper says he is thinking along the same lines as Wilson, because either the garage stays the way it is or marginally improves the situation by moving it. He says he thinks it is still an improvement to move the garage back three feet, even though it does not comply with the current code. Williams asked if there would be a precedence set by allowing the variance. The answer from Staff Markon was no, each situation or variance request, is handled separately. Wilson says he has the same concern that a precedence would be set with an approval of the variance. Vice Chair Stemper asked for any other comments by commissioners. Commissioner Wilson motioned: To approve the variance request. Vice Chair Stemper seconded. The motion was approved by a vote of 3 to 1, with Gerich voting no. Staff Markon recommended that the Finding of Fact document be changed so that it reflects the change when reviewed by the City Council. After a short discussion, the Finding of Fact document was changed as follows: Finding of Fact document, Page 42 of the packet, Point (3) - The Planning Commission finds that the granting of this variance does meet all three criteria for practical difficulties as described in the Minnesota Statutes. Finding of Fact document, Page 42 of the packet, Point (5) - The Planning Commission finds that the variance does meet the criteria for practical difficulties. E. INFORMATION AND ANNOUNCEMENTS 1. Discuss cancelling August 27, 2019 meeting. After a brief discussion, it was decided unanimously to cancel the August 27, 2019 Planning Commission meeting due to the activities of the State Fair. Staff Markon also stated that Commissioner Samatar has submitted her resignation due to conflicting responsibilities. There will be a vacancy on the Planning Commission as well as the Enivironment and Parks Commissions. Staff Markon asked that each remaining Commissioner be alert to someone that may be added in her place. F. ADJOURN Adjourned at 7:55 PM. REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Discuss possible native landscaping ordinance Description The Environment Commission has explored an update to the city’s landscape ordinance. Currently, landscaping in the zoning code is brief and vague. In the blight section of the code, any grass over six inches should be cut down, which the city does enforce. In reality, many properties have existing violations of the current code for simple gardens. The Environment Commission’s proposal seeks to clear up the definitions and allowable landscape uses while also promoting the policies and goals set in the 2040 Comprehensive Plan. A summary of the Comp Plan language is below. Attached is the ordinance change being worked on by a subcommittee of the Environment Commission as well as existing city code related to landscaping. 2040 Comprehensive Plan remarks on landscaping Housing Goals 4. Promote the following practices: f. Reduce irrigation and water usage for turf grass Housing Policies 2. Develop an ordinance to allow alternative turf grass/ground covers. General Land Use Policies 13. Encourage landscaping practices that reduce water consumption and minimize runoff. Budget Impact No impact Attachment(s) • Proposed changes to landscaping code Action(s) Requested Staff request discussion on the proposed changes and direction on moving forward. Meeting Date September 24, 2019 Agenda Item G1 Attachment(s) Proposed code changes Submitted By Justin Markon, Community Development Coordinator Proposed FH code: Sec. 113-373. – Landscaping and Maintenance of Vegetation Subd 1. Purpose and application. It is the purpose of this section to prohibit the uncontrolled growth of vegetation, while permitting the planting and maintenance of landscaping which promotes resiliency, diversity and a richness to the quality of life. There are reasonable expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in the public's interests to provide standards regarding the maintenance of vegetation because vegetation which is not maintained may threaten public health, safety and order, and may decrease adjacent property values. It is also in the public's interests to encourage diverse landscaping, particularly that which restores native vegetation which requires less pesticides, moisture, and places a lower demand on the public's water resources. The city enacts this article to balance these competing interests. Subd 2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Native plants are those grasses (including prairie grasses), sedges (solid, triangular- stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees and shrubs that are plant species native to or naturalized to the state of Minnesota, excluding prohibited exotic species, as defined by Minnesota Statues Chapter 84D. Native plants do not include weeds. Ornamental plants means grasses, flowering perennial and annual plants, shrubs and groundcovers that may not be indigenous to Minnesota, but are adaptable. Ornamental grasses do not include turfgrasses. Turf grass means commercially available cultured turf grass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. Planned landscape area means an area where ornamental plants, groundcovers or native plants are planted pursuant to a plan. Rain garden means a shallow excavated depression with loosened sub-soils in which ornamental plants or native grasses and forbs that are adapted to moist conditions and have deep roots are planted for the purpose of infiltrating and filtering rain water and reducing storm water runoff. Restoration area means an area where native grasses and forbs are being, or have been, intentionally re-established Weeds are (i) noxious weeds as defined and designated pursuant to the “Minnesota noxious weed law”, Minnesota Statutes, Sections 18.76-18.88, as amended from time to time, or (ii) any volunteer plant, except trees and other woody vegetation, which is not Commented [NO1]: Current city code splits landscaping and maintenance into different sections. It is recommend that a comprehensive section be dedicated to allowed landscaping/vegetation and expectation of maintenance. Commented [NO2]: Added Resiliency to coincide with goals of City/comp plan. There may be room to expand here. Commented [NO3]: Article? Commented [NO4]: Adapted from Edina Landscape code. Removed “garden treatments” as a term Commented [NO5]: Eden Prairie Commented [NO6]: Eagan Commented [NO7]: Eden Prairie Commented [NO8]: Modified from Edina. Operative definition for section. Revise with group. Add turfgrasses into list? Commented [NO9]: Eagan. Placeholder for future allowance of “rain gardens”. Other terms like bioretention or biofiltration may have more operative definitions, used by MPCA/watershed districts. Commented [NO10]: Edina. Operative definition for section. Revise with group Commented [NO11]: Hybrid of EP and Edina definition. customarily or intentionally planted. For the purposes of this definition, weeds do not include dandelions or clover. Subd 3. Location of restoration areas and planned landscape areas. (a) Setback. A restoration area or a planned landscape area must provide the following minimum setbacks: (1) Front street or side street (as measured from the traveled portion of the street): 15 feet, and a minimum of 2 feet from publicly maintained pavement or sidewalk (2) Side yard or rear yard: five feet; provided, however, for the exception in the required side yard or rear yard setback, as shown in subsection (b) of this Subd 3. (b) Mitigations for reductions in side or rear yard setback. A required side yard or rear yard setback may be reduced to zero feet if: (1) A fully opaque fence at least five feet in height is installed on the lot line adjoining the restoration area or planned landscape area; (2) The restoration area or planned landscape area abuts: a. A restoration area on any adjoining lot; b. A public park or open space; c. A vacant lot; d. A wetland, pond, lake or stream; e. Natural area; or (3) The restoration area or planned landscape area is located on slopes equal to, or greater than, three feet horizontal to one foot vertical (3:1). (c) Composition of setback area. The setback area required by subsection (a) of this section shall be composed of a soil retention cover such as pavement, rock, gravel, mulch, regularly mowed turf grasses or groundcovers maintained at less than six inches in height, trees or shrubs, or as may be required by the zoning administrator to protect the soil and aesthetic values on the lot and adjacent property. Native or ornamental plants must be maintained at ten inches or less. Subd 4. Maintenance Standards. Every owner of property shall maintain the vegetation growing thereon according to the minimum standards set forth in this section Commented [NO12]: Adapted from Edina code. Commented [NO13]: More concerned about height of vegetation and their setbacks. 6” or less in setback area, 10” once a year elsewhere Commented [NO14]: Doesn’t quite fit. These terms need a height rule Commented [NO15]: Recommend 15 feet as opposed to 20 feet in EP/Edina codes due to shorter front yards in parts of Falcon Heights. Also include minimum set back from pavement that may encroach further into a yard Commented [NO16]: Merged with FH current requirements. Will allow natives in setbacks as long as maintained at 6” or below Commented [NO17R16]: 10” for natives and ornamentals (a) Vegetation on a property, within the setback area shall not exceed a height of six inches for turfgrass or ten inches for native or ornamental plants, measured from the base at ground level to the tip of each stalk, stem, blade or leaf; or allow to go to seed. (b) Vegetation outside the setback area shall be cut at least once annually between April 15 and July 15 to a height no greater than 10 inches. (c) Weeds shall be regularly cut or controlled such that no individual plant shall go to seed or exceed, at any time, six inches in height or length, as measured from its base at the ground to the tip of each stalk, stem, blade or leaf. Noxious weeds, as defined by the state commissioner of agriculture, shall be eradicated. (d) Vegetation shall not obscure, block or impede visual sight lines; regulatory, warning or street identification signs; or street light illumination required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trail, pathways and sidewalks. (e) The City may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement or a right-of-way of a City street to remove the native plants or other vegetation from the right-of-way or drainage and utility easement at no expense to the City. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from public works improvements or snow removal activities within rights-of-ways or drainage and utility easements. (f) Fallen trees, dead trees, tree limbs or items which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood shall be removed. (g) Owners of property abutting the right-of-way of a public street shall properly maintain the grass on the property and on the public right-of-way to the curbline or traveled portion of the street. Proper maintenance shall include sodding, planting, mowing or weed abatement whenever necessary. Existing FH code: Sec. 22-19. - Causes of blight or blighting factors. It is hereby determined that the uses, structures and activities and causes of blight or blighting factors described herein, if allowed to exist, will tend to result in blighted and undesirable neighborhoods so as to be harmful to the public welfare, health and safety. No person shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the city owned, leased, rented or occupied by such person. (1) Inoperable vehicles. In any area zoned for residential purposes, the storage upon any property of inoperable vehicles is illegal. For the purpose of this section, the term Commented [NO18]: Modified Eagan Commented [NO19]: From Eden Prairie Commented [NO20]: Edina Commented [NO21]: Modified Eden Prairie Commented [NO22]: Eden Prairie Commented [NO23]: Modified from FH code Sec 22-19 (4) Commented [NO24]: Current FH Code 54-39 Commented [NO25R24]: "inoperable vehicle" shall include any motor vehicle, or part of a motor vehicle, not stored in a garage, which is either: a. Unusable or inoperable because of lack of, or defects in, component parts; b. Unusable or inoperable because of damage from collision, deterioration, or having been cannibalized; c. Beyond repair and not intended for future use as a motor vehicle; d. Being parked on any street or alley, for a period exceeding 48 consecutive hours; or e. Without valid and current license plates issued by the proper state agency attached. (2) Special permits. The city council in its discretion, upon receipt of an application showing hardship in special circumstances may, in the instance of an inoperable vehicle, issue a special permit with appropriate conditions attached permitting an individual to keep such vehicle for a period not to exceed 60 days. (3) Junk, trash, rubbish and refuse. In any area within the city, the storage or accumulation of junk, trash, rubbish or refuse of any kind, except refuse stored in such a manner as not to create a nuisance for a period not to exceed 14 days is illegal. The term "junk" shall include, but not be limited to, parts of machinery or motor vehicles; unused stoves or other appliances stored in the open; remnants of wood; decayed, weathered or broken construction materials no longer suitable or safe; approved building materials; common household items; metal or any other material or cast off material of any kind whether or not the same could be put to any reasonable use. (4) Noxious weeds, vegetation and substances. No owner agent or occupant of any premises shall permit upon his or her premises any noxious weeds as defined in Minn. Stats. § 18.77, weeds or grass growing to a height greater than six inches or which have gone or are about to go to seed, fallen trees, dead trees, tree limbs or items which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. (5) Structures. a. Unfit structure. In any area the existence of any structure or part of any structure that because of fire, wind or other natural disaster, or physical deterioration is no longer habitable as a dwelling, nor useful for any other purpose for which it may have been intended is illegal. b. Vacant structure. In any area zoned for residential purposes, the existence of any vacant dwelling, garage, or other outbuilding, unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals is illegal. (6) Graffiti. No owner agent or occupant of any premises shall allow or leave on the premises any graffiti, which shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise placed on any surface of objects such as buildings, walls, fences, sidewalks, curbs, trees, rocks, or other permanent structures or objects on public or private property or the interior surfaces of those parts of a building accessible to the general public and which have the effect of defacing the property. An owner agent may request the city to remove the graffiti by providing a waiver to the city to Commented [NO26]: Change to 10 inches for native, mowed once allow for the removal of graffiti on the owner agent's property. The owner agent will be billed for the cost. (Code 1993, § 8-1.01; Ord. No. 0-98-07, 12-7-1998) Sec. 54-39. - Care and maintenance of boulevards and adjacent property. Owners of property abutting the right-of-way of a public street shall properly maintain the grass on the property and on the public right-of-way to the curbline or traveled portion of the street. Proper maintenance shall include sodding, planting, mowing or weed abatement whenever necessary. (Code 1993, § 8-4.06) Sec. 113-373. - Landscaping. (a) Landscaping on a lot shall consist of a finish grade and a soil retention cover such as sod, seed and mulch, plantings, or as may be required by the zoning administrator to protect the soil and aesthetic values on the lot and adjacent property. (b) In all districts, all developed uses shall provide landscaping from the urban curb and gutter to the road right-of-way lines. This landscaped yard shall be kept clear of all structures, exterior storage, and off-street parking. (c) Landscaping shall be provided and maintained on all required front and side yards in all developed districts. (Code 1993, § 9-14.01(6)) Commented [NO27]: . Composition of setback area. The setback area required by subsection (a) of this section shall be composed of pavement, rock, gravel, wood chips, regularly mowed turf grasses, trees or shrubs. REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Discuss possible vacant building ordinance Description The city has explored adopting a vacant building ordinance in the past, dating back to 2012 during the recession. It was briefly discussed in 2017 as well. Attached are various materials that discuss vacant building ordinances and what options may be available. The city has a number of existing ordinances that address potential concerns with vacant properties. Chapter 22 – Environment Article II – Blight Sec. 22-19. - Causes of blight or blighting factors. It is hereby determined that the uses, structures and activities and causes of blight or blighting factors described herein, if allowed to exist, will tend to result in blighted and undesirable neighborhoods so as to be harmful to the public welfare, health and safety. No person shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the city owned, leased, rented or occupied by such person. (4) Noxious weeds, vegetation and substances. No owner agent or occupant of any premises shall permit upon his or her premises any noxious weeds as defined in Minn. Stats. § 18.77, weeds or grass growing to a height greater than six inches or which have gone or are about to go to seed, fallen trees, dead trees, tree limbs or items which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. (5) Structures b. Vacant structure. In any area zoned for residential purposes, the existence of any vacant dwelling, garage, or other outbuilding, unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals is illegal. Meeting Date September 24, 2019 Agenda Item G2 Attachment(s) See below Submitted By Justin Markon, Community Development Coordinator pg. 2 Planning Commission – April 23, 2019 – Agenda Item D1 The city also adopted the International Property Maintenance Code (IPMC), which provides for a number of requirements related to the upkeep of properties. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Section 304 – Exterior Structure of the IPMC is attached. The city of Minneapolis has a robust vacant dwelling code, which also includes vacant building registration. This code is also attached. Budget Impact No impact Attachment(s) • 2012 information packet compiled by city staff • Section 304 of International Property Maintenance Code • Minneapolis Chapter 249 – Vacant Dwelling or Building, Nuisance Condition Action(s) Requested Staff are seeking discussion from the commission to determine if it is a priority to expand the vacant building ordinances. City of Minneapolis, Minnesota City Code CHAPTER 249. - VACANT DWELLING OR BUILDING, NUISANCE CONDITION 249.10. - Policy. Pursuant to authority provided in Minnesota Statutes, Section 463.26, permitting cities to enact and enforce ordinances on hazardous buildings, and in order to enhance the livability and preserve the tax base and property values of buildings within the city, and based upon the findings contained in section 249.20; and because of the need to assure that buildings which are capable of rehabilitation are promptly rehabilitated and buildings which are not capable of rehabilitation be promptly demolished, the city hereby declared that it is the policy of the city to promote rehabilitation of vacant and unoccupied buildings, and to assure a prompt process for demolition of hazardous buildings through a procedure fixing appropriate responsibility in accordance with due process requirements. (92-Or-110, § 1, 9-11-92) 249.20. - Findings. The city council finds, determines and declares that buildings which remain vacant and unoccupied for any appreciable period of time become an attractive nuisance to children, a harborage for rodents, and invitation to derelicts, vagrants and criminals as a temporary abode, and an increased fire hazard, and increased risk of explosion due to the theft of internal piping, and that the unkept grounds surrounding such property invite the dumping of garbage and rubbish thereon; that such buildings are permitted to become dilapidated since such buildings are often economically obsolete and the owners of such buildings are unwilling to expend the necessary funds to repair or raze the buildings; that such buildings contribute to the growth of blight within the city, depress market values of surrounding properties to the detriment of the various taxing districts and require additional governmental services; that the use and maintenance of property in such condition and manner endangers the public safety and health, constitutes an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, is detrimental to the public good and to the common welfare; and renders a considerable number of the public insecure in the use and enjoyment of their property, and thus may constitute a nuisance condition. Adequate protection of public health, safety and welfare, therefore, requires the establishment and enforcement of the means by which such nuisance conditions may be abated. (76-Or-102, § 1, 7-9-76; 78-Or-233, § 1, 11-9-78; 92-Or-110, § 1, 9-11-92; 2008-Or-073, § 1, 9-12-08) 249.25. - Securing vacant buildings. (a) In general, if any building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the director of regulatory services may order the building secured and shall cause notice of the order to be served upon the owner of the premises. Such notice may be served personally or by mail. Service by mail is complete upon mailing a copy of the order to the owner at the last known address. If the owner fails to comply with the order within six (6) days after the order is served, the director of regulatory services shall cause the building to be boarded up or otherwise properly secured. Whenever a building is boarded up pursuant to the authority of this chapter, the director of regulatory services may cause all openings to the building to be boarded and secured. (b) Emergency. When it is determined by the director of regulatory services or the chief of police, or the fire chief that an emergency exists with respect to the health or safety of persons in the community, and immediate boarding and securing of a building is required, and where danger will exist to children, transients or others in the absence of an immediate boarding or securing of the building, the director of regulatory services or the chief of police, or the fire chief may waive all requirements herein and immediately board or otherwise secure the building, provided that: (1) The conditions showing the existence of an exigency are documented in writing by the director of regulatory services or the chief of police or the fire chief or their designees. (2) Notice be mailed immediately by the department invoking this section to the address of the owner and taxpayer, and, if recorded on the assessors rolls, the address of the mortgage holder, of the date of boarding or otherwise securing and the reasons therefor. (c) After a vacant or unoccupied building has been boarded or otherwise secured under this section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and reoccupied, the director of regulatory services shall resecure any openings into the building whenever it again becomes open to trespass, without further notice to the owner. An administrative fee of one hundred dollars ($100.00) and all other costs incurred by the city for boarding or otherwise securing a building under this chapter, including, but not limited to the actual costs for boarding, inspecting, posting and monitoring the building, shall be assessed as provided in section 227.100. "Owner," for the purposes of this section, shall mean the person who is listed as the contact person on the current rental licensing application on file with the city, if any; or, if none, the person listed as owner by the city assessor on the homestead record; or, if none, the taxpayer as shown by the records of the city assessor. "Owner" shall not include a community development agency organized pursuant to the Laws of Minnesota 1980 Chapter 595. (d) After a vacant or unoccupied building has been boarded or otherwise secured under this section for a period of sixty (60) days, the owner of the building shall have the gas to the building turned off and the building winterized. If the owner fails to have the gas to the building turned off the director of regulatory services may order the utilities company to shut off the gas to the building. The director of regulatory services shall then require the building to be winterized to prevent the water pipes from freezing and damaging the building. The costs incurred by the city for winterizing the building shall be assessed as provided in section 227.100. (94-Or-123, § 1, 9-16-94; 2001-Or-054, § 1, 4-20-01; 2006-Or- 065, § 1, 6-16-06; 2008-Or-008, § 1, 2-1-08; 2008-Or-073, § 2, 9-12-08; 2013-Or-165, § 1, 12-6-13) 249.30. - "Nuisance condition" defined; waiver of waiting period. (a) A building within the city shall be deemed a nuisance condition if: (1) It is vacant and unoccupied for the purpose for which it was erected and for which purpose a certificate of occupancy may have been issued, and the building has remained substantially in such condition for a period of at least six (6) months; or (2) The building is unfit for occupancy as it fails to meet the minimum standards set out by city ordinances before a certificate of code compliance could be granted, or is unfit for human habitation because it fails to meet the minimum standards set out in the Minneapolis housing maintenance code, or the doors, windows and other openings into the building are boarded up or otherwise secured by a means other than the conventional methods used in the original construction and design of the building, and the building has remained substantially in such condition for a period of at least sixty (60) days; or (3) Evidence, including but not limited to neighborhood impact statements, clearly demonstrates that the values of neighborhood properties have diminished as a result of deterioration of the subject building; or (4) Evidence, including but not limited to rehab assessments completed by CPED, clearly demonstrates that the cost of rehabilitation is not justified when compared to the after rehabilitation resale value of the building. (b) When it is determined by the director of regulatory services or the city fire marshal that a building constitutes an immediate hazard to the public health and safety, and after approval by the city council, the sixty-day waiting period set out in this section may be waived and the other procedures, as set out in this chapter, may be implemented immediately. (c) Notwithstanding the foregoing provisions, accessory buildings such as garages, barns and other similar structures, not intended to be used for human habitation, shall be deemed to constitute a nuisance condition when such buildings are in violation of section 244.1560 of the housing maintenance code which regulates nondwelling structures or when such accessory buildings are structurally unsound in the opinion of the director of regulatory services. (76-Or-102, § 1, 7-9-76; 77-Or-226, § 2, 11-10-77; 78-Or-233, § 2, 11-9-78; 79-Or-016, § 1, 1-26-79; 80-Or-181, § 1, 8-8-80; 84-Or-095, § 1, 6-15-84; 86-Or-236, § 1, 10-10-86; 91-Or-157, § 1, 8-9-91; 92-Or-110, § 2, 9-11-92; 93-Or-142, § 1, 10-1-93; 94-Or-123, § 2, 9-16-94; 2006-Or-059, § 1, 5-26-06; 2013-Or-165, § 2, 12-6-13) Editor's note— It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249.40. - Abatement of nuisance condition. Buildings determined to be a nuisance condition may be rehabilitated or razed by order of the director of regulatory services. (1) Before any action is taken to abate a nuisance condition, except as provided in section 249.25 relating to securing vacant buildings, the director of regulatory services shall examine the building to ascertain whether the nuisance condition should be ordered for rehabilitation or demolition. Among the criteria to be considered are the following: a. The need for neighborhood housing; b. The historic value of the building; c. The impact on the neighborhood and the ability of the neighborhood to attract future residents; d. The capacity of the neighborhood to use the property; e. The zoning and comprehensive plan classifications for the property use; f. The market potential for the property; g. The estimated cost of rehabilitation; h. The severity and the history of neglect; i. The availability of funds for rehabilitation to the owner; j. The structural condition of the building. (2) If the director of regulatory services determines that the building is a nuisance condition, the director of regulatory services shall order the building to be demolished, or rehabilitated. The director may impose any and all conditions deemed appropriate to ensure compliance with the order. (3) The department of regulatory services shall give notice of the director's order to demolish or rehabilitate the building to the owner and other persons shown to have an interest in the building deemed to create a nuisance condition. Proper notice shall be sufficiently given when mailed by certified mail return receipt requested, postage prepaid, addressed to the owner to whom the building is registered with the department of regulatory services or, if not registered, to the owner or other persons shown to have an interest in the property as ascertained by the files and records of the register of deeds or registrar of titles in and for Hennepin County. Such notice shall also be given to such persons that the director of regulatory services has actual knowledge of having an interest in the said property. In addition, such notice shall be served by three (3) weeks' published notice in any newspaper of general circulation in the City of Minneapolis as provided for in Minnesota Rules of Civil Procedure and by posting such notice at the street entrance to such building. The notice shall state: a. That the director has determined that the building is a nuisance condition as defined by section 249.30 and that the building is to be demolished or rehabilitated. If the director is ordering that the building be rehabilitated, the notice shall state all of the conditions that are to be imposed. b. The specific reasons the building has been determined to constitute a nuisance condition. c. That unless the notice is appealed within twenty-one (21) days of the date the notice was mailed, in the manner provided in section 249.45, the department of regulatory services will proceed to demolish the building or that the department of regulatory services will impose the conditions of rehabilitation on the property. d. The notice shall describe how an appeal may be filed under section 249.45. e. The notice shall state that the owner of the property will be responsible for the payment of all costs incurred by the city in razing or rehabilitating the building, as well as an administrative fee of fifteen (15) percent of the cost. The notice shall state that if the costs are unpaid, the costs and the administrative fee shall be levied and collected as a special assessment against the property as provided for under section 227.100. (4) If no appeal is received within twenty-one (21) days of the notice being mailed, the department of regulatory services may proceed with the director's determination to demolish the building by razing the building, or may proceed with the director's determination to rehabilitate the building by imposing the conditions set forth in the notice. (5) When the owner of a property, that has received a director's order to demolish or rehabilitate the property, intends to sell an interest in the property, the owner must disclosure to the purchaser that a director's order to demolish or rehabilitate the property has been previously issued. (76-Or-102, § 1, 7-9-76; 76-Or-165, § 1, 9-24-76; 78-Or-233, § 4, 11-9-78; 82-Or-256, § 1, 12-23-82; 85-Or-114, § 1, 6-4-85; 92-Or-110, § 4, 9-11-92; 94-Or-123, § 3, 9-16-94; 2001-Or-054, § 2, 4-20-01; 2006-Or-059, § 2, 5-26-06; 2013-Or-165, § 3, 12-6-13) Editor's note— It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249.45. - Abatement of nuisance condition appeals. (a) There is hereby created a nuisance condition process review panel. The panel shall consist of the building official, the fire marshal, the director of community planning and economic development, and the city assessor or their designees. Three (3) members of the panel shall constitute a quorum. The panel shall make decisions by a majority vote. The director of regulatory services' order, as set forth in the notice, shall be upheld if the panel is deadlocked. (b) The panel shall have authority to hear and decide all appeals from the director of inspections' order to demolish or rehabilitate a nuisance condition building. The panel shall uphold or overturn the director's determination that the building is a nuisance condition as defined by section 249.30 and shall uphold or overturn the director's determination that the building should be demolished or rehabilitated. If the director of regulatory services imposes conditions on an order to rehabilitate the building, the panel shall have the authority to uphold, modify or overturn those conditions. (c) Any person wishing to appeal a determination of the director of regulatory services ordering demolition or rehabilitation shall file a written notice of appeal with the department of regulatory services within twenty-one (21) days after receipt of the director's order. The notice shall contain a statement of the grounds for the appeal. The notice of appeal shall be accompanied by a fee of three hundred dollars ($300.00). (d) The panel shall meet at the call of the chair to hear appeals. The panel shall notify the owner and any other person known to have an interest in the property in writing of the time and place of the hearing. In addition, notice of the hearing shall be sent to all property owners within three hundred fifty (350) feet of the subject property and to any neighborhood organization in which the property is located. (e) Notice to the owners, or other parties with an interest in the property, shall inform the owner and parties of (1) the right to appear individually or through a representative or to submit a written statement, (2) the right to examine witnesses at the hearings and offer such evidence as may bear on the decision to demolish or rehabilitate the building, and (3) that the hearing will be recorded. Neighborhood organizations and owners of property within three hundred fifty (350) feet of the subject property shall be entitled to present joint or individual neighborhood impact statements to the panel. The neighborhood impact statements shall specifically address the items contained in section 249.40(1)a., b., c. and d., and such other relevant material as may be offered. (f) At the hearing, the panel shall hear all relevant evidence and argument. The panel may admit and give probative effect to evidence that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The panel shall record the hearing and keep a record of documentary evidence submitted. (g) At the hearing, the department of regulatory services shall present an oral summary of the background and reasons for its recommendation. A report, including any pertinent documents and photos shall be filed as part of the record. All parties having an interest in the property may review department documents, subject to restrictions in the Government Data Practices Act, prior to the hearing, and shall be permitted to present evidence in support of their position. Parties having an interest in the property shall have the right to question witnesses at the hearing. (h) The panel shall render its decision in writing within thirty (30) days after the close of the hearing. The panel shall determine whether the building meets the definition of nuisance condition as set forth in section 249.30 and whether the director of regulatory services' order to demolish or rehabilitate the building should be upheld or overturned and shall specify the factual and legal basis for the determination. The panel shall make it determination based upon the preponderance of the evidence. (i) The panel shall mail a copy of its decision to the appellant. (j) The panel shall refer its decision to the city council, which shall have the final authority to determine whether the building is a nuisance condition as set forth in section 249.30 and whether the building should be rehabilitated or razed. The panel's findings shall include the date and time of the hearing before the public safety and regulatory services committee. The regulatory, energy and environment committee may hear arguments from the appellants and from the department of regulatory services, but shall take no further evidence unless the committee determines that the new evidence is relevant, not duplicative, will aid the committee in making its determinations and has been submitted in a timely manner. The committee may, in lieu of hearing the new evidence, refer the matter back to the panel to hear the new evidence and develop the record. If the committee hears new evidence from the appellant or the department it shall ensure that the adverse party has an opportunity to respond to and, if appropriate, rebut such evidence and may, as appropriate, continue the matter in order to do so. (2006-Or-059, § 3, 5-26-06; 2013-Or-165, § 4, 12-6-13) Editor's note— It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249.50. - Alternatives to demolition. (a) The city council may consider as an alternate to demolition: (1) Ordering the owner of any nuisance condition to rehabilitate the building and specifying the time within which such rehabilitation shall occur. If rehabilitation is the alternative required by the city council, the owner shall present a plan for rehabilitation to the director of inspections that shall contain a commitment of funds to accomplish the plan. If the plan required herein is not received by the director of regulatory services within the time ordered by the council, the city shall proceed to demolish the building. (2) If the owner is, for any reason, unwilling or unable to immediately rehabilitate the building, the city may elect to rehabilitate and assess the cost thereof provided that the estimated cost may not exceed fifty (50) percent of the estimated after-rehabilitation market value of the property. Such costs shall be assessed against the property, in the manner provided for in section 249.60. (3) Notwithstanding the limitations of section 249.50(a)(2), and in order to make funds available for rehabilitation, the city may, to the extent neighborhood action plans of the neighborhood revitalization program allow, create a revolving fund for housing purposes to be used in the neighborhood for which the funds have been earmarked. The city may receive applications and consider, where appropriate, loans to owners for housing rehabilitation purposes. (b) The city council shall order demolition or rehabilitation of the building. The city council shall make such order as it deems appropriate based upon the evidence and record of the appeal hearing. The city council may also impose any and all conditions it deems appropriate. These conditions may include the posting of a performance bond in an amount not to exceed the estimated cost of rehabilitation. The regulatory, energy and environment committee may postpone its decision and order the owner to update the committee at a future date on the progress of rehabilitation. The order shall be mailed to the last known address of the owner to whom the building is registered with the division of inspections or, if not registered, to persons shown to have an interest in the property as ascertained by the files and records of the registrar of deeds or registrar of titles in and for Hennepin County. (c) The owner of the subject property shall comply with the city council's decision and order. If the owner fails to abide by the order, the director of regulatory services shall immediately notify the city council which may then order immediate demolition or otherwise amend its order. (76-Or-102, § 1, 7-9-76; 77-Or-226, § 3, 11-10-77; 78-Or-233, § 5, 11-9-78; 92-Or-110, § 5, 9-11-92; 93-Or-107, § 1, 7-30-93; 93-Or-142, § 2, 10-1-93; 2001-Or-054, § 3, 4-20-01; 2004-Or-051, § 1, 5-14-04; 2006-Or-059, § 4, 5-26-06; 2013-Or-165, § 5, 12-6-13) Editor's note— It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249.60. - Collection of costs. The director of regulatory services shall notify the owner of the cost incurred in razing or rehabilitating the building, under section 249.50, and the owner shall be responsible for the payment of the same, together with an administrative fee of fifteen (15) percent of the cost, within thirty (30) days of such notification. Upon default of payment after the said thirty (30) days, the cost of such razing or rehabilitating and the administrative fee shall be levied and collected as a special assessment against the property as provided for under section 227.100 of this Code, with interest at the rate of eight (8) percent per annum on the unpaid balance thereof. (76-Or-102, § 1, 7-9-76; 78-Or-233, § 6, 11-9-78; 92-Or-110, § 6, 9-11-92; 93-Or-142, § 3, 10-1-93; 2013-Or-165, § 6, 12-6-13) 249.65. - Revolving fund for abatement of buildings in a nuisance condition. The department of regulatory services shall maintain a revolving fund to be known as the nuisance building abatement fund (hereinafter referred to as "the fund"). The fund may be drawn upon to perform abatement of buildings within the city that have been deemed to be a nuisance condition pursuant to Chapter 249. All costs and fees incurred abating buildings that are a nuisance condition, including appropriate interest, shall be recovered from the property owner pursuant to section 249.60 and 227.100. The fund shall be credited with the collection of the costs and fees recovered. Disbursements from the fund shall not be subject to the provisions and requirements of the procurement process of the city. (2006-Or-059, § 5, 5-26-06; 2013-Or-165, § 7, 12-6-13) Editor's note— It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249.70. - [Authority of city.] Nothing herein shall limit the city's authority under the provisions of Minnesota Statutes, Chapter 463. (92-Or-110, § 7, 9-11-92; 93-Or-142, § 4, 10-1-93) 249.80. - Vacant building registration. (a) The owner of a building shall register the building with the director of regulatory services within five (5) days after it becomes a vacant building. In this section, a "vacant building" is one that is: (1) Condemned; or (2) Unoccupied and unsecured for five (5) days or more; or (3) Unoccupied and secured by means other than those normally used in the design of the building for thirty (30) days or more; or (4) Unoccupied and has multiple housing maintenance, fire or building code violations existing for thirty (30) days or more; or (5) Unoccupied for a period of time over three hundred sixty-five (365) days and during which time an order has been issued to correct a nuisance condition pursuant to section 227.90; or (6) A vacant commercial or residential building or structure, which is unable to receive a certificate of occupancy due to expired permits, or demonstrated work stoppage of one hundred eighty (180) days or more as determined by the building official. (b) The owner of a commercial building or structure designated as vacant pursuant to this section may appeal such designation within twenty-one (21) days after receipt of the designation or a billing statement therefore to the nuisance condition process review panel pursuant to the procedures established in section 249.45. The notice of designation or billing statement shall notify the building owner of such appeal rights. (c) The registration shall be submitted on forms provided by the director of regulatory services and shall include the following information supplied by the owner: (1) A description of the premises; (2) The names and addresses of the owner or owners; (3) The names and addresses of all known lienholders and all other parties with an ownership interest in the building; (4) The period of time the building is expected to remain vacant; and a plan and timetable for returning the building to appropriate occupancy or for demolition of the building. (d) The owner shall submit a plan and timetable that must comply with the guidelines adopted by the director of regulatory services. The guidelines are adopted for purposes of preventing nuisance conditions and maintaining compliance with this Code. These guidelines shall be made available to building owners. The plan shall be submitted at the time of registration, or within a reasonable period of time thereafter to be determined by the director of regulatory services. (e) The owner shall comply with all applicable laws and codes. The owner shall notify the director of regulatory services of any changes in information supplied as part of the vacant building registration within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the director of regulatory services. (f) The owner and the subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed. (g) Failure of the owner or any subsequent owner to maintain the building and premises that result in abatement completed by the city shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by law. (h) The new owner(s) shall register or re-register the vacant building with the director of regulatory services within thirty (30) days of any transfer of an ownership interest in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the director of regulatory services. (i) The director of regulatory services shall include in the file any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building. (j) Vacant building fees: (1) The owner of a vacant building shall pay an annual fee as established pursuant to section 91.70. The fee is imposed to recover all costs incurred by the city for monitoring and regulating vacant buildings, including nuisance abatement, enforcement and administrative costs. This fee may be waived or suspended for the current year as a term or condition of a written restoration agreement or order issued pursuant to section 249.50. This fee may be waived for the current year and previous years if the property is acquired by the community planning and economic development (CPED) department. (2) The first annual fee shall be paid no later than five (5) days after the building becomes vacant. Subsequent annual fees shall be due on the anniversary date of initial vacancy. The fees shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. (3) Unpaid fees shall be levied and collected as a special assessment against the property as provided for under section 227.100, with interest at the rate of eight (8) percent per annum on the unpaid balance thereof. Upon transfer of ownership, the new owner(s) shall be responsible for all unpaid and subsequent annual fees. (k) A building owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection for the purpose of enforcing and assuring compliance with the provisions of this chapter. (92-Or-110, § 8, 9-11-92; 2001-Or-054, §§ 4, 5, 4-20-01; 2006-Or-059, § 6, 5-26-06; 2008-Or-017, § 1, 2-29-08; 2009-Or-041, § 1, 5-22-09; 2009-Or-053, § 1, 7-17-09; 2010-Or-062, § 1, 7-23-10; 2013-Or-165, § 8, 12-6-13) 249.90. - Penalties. Any person who violates a provision of this chapter or provides false information on a required registration or plan, is guilty of a misdemeanor, punishable as provided in section 1.30 of this Code. (93-Or-003, § 1, 1-15-93; 2001-Or-054, §§ 6, 7, 4-20-01) REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Discuss Tatum St vacant parcel Description At the April 23, 2019 Planning Commission meeting, the commission briefly discussed a request from Mr. John Labalestra to place a multifamily structure on the empty parcel that he owns on Tatum Street. He has requested that the commission revisit the topic and discuss thoughts on a multifamily structure or single family home. The commission packet information from April 23 is attached. Budget Impact No impact Attachment(s) • Excerpt from April 23, 2019 Planning Commission packet Action(s) Requested Staff request discussion on vacant parcel and viability of its future use. Meeting Date September 24, 2019 Agenda Item G3 Attachment(s) Excerpt from April 23, 2019 packet Submitted By Justin Markon, Community Development Coordinator REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Discuss property in Labalestra Park (Tatum Street) Description Mr. John Labalestra has requested a Workshop with the Planning Commission to discuss his ideas for development of a vacant lot he owns on Tatum Street. He also wishes to change the lot lines of the two properties to the north, which he also owns, as they are currently incongruent with the houses on the lots. A diagram of the area is included in the following pages. Mr. Labalestra met with Staff in late January to discuss his proposal for the vacant lot, during which he shared that he believes pursuing a PUD is the best option for the property. He believes that a 4-unit attached townhome project is a good use of the space because it promotes density, is near other multi-family properties, and would be consistent with other nearby building heights. It is also located near Larpenteur Ave and the University of Minnesota. Following the change to the lot lines, the property would have ~10,575 square feet, with lot dimensions of 75x141 feet. The minimum requirements for an R-3 lot, of which townhouses is a conditional use, is a lot area of 12,500 sq. ft and a lot width of 90 feet. At the Workshop, Mr. Labalestra would like to share his plans and solicit feedback from the Commission on the proposal. He has also indicated that he is open to the Commission’s thoughts on the use that best fits the area. He would plan to build starting next summer. Budget Impact No impact Attachment(s) • Tatum Street area • R-3 and PUD regulations Action(s) Requested None at this time Meeting Date April 23, 2019 Agenda Item G1 Attachment(s) Area diagram, R-3 and PUD regulations Submitted By Justin Markon, Community Development Coordinator 4/17/2019 Falcon Heights, MN Code of Ordinances 1/2 (a) (b) (c) (1) (2) (3) (4) (5) (d) (1) (2) (e) (1) (2) (3) (4) Sec. 113-176. - R-3 medium density multiple-family residential district-apartment buildings. Scope. The provisions of this section apply to the R-3 medium density multiple-family residential district. Permitted uses. All permitted uses in the R-2 district. Conditional uses. No structure or land shall be used for the following uses except by conditional use permit, except that multifamily dwellings shall not exceed 12 per acre. Any conditional use permitted in the R-1 and R-2 districts. Conversion or enlargement of existing homes to accommodate one-, two-, three- or four-dwelling units. Large group homes as defined in this chapter. Townhouses. See performance standards as permitted in article VI, division 3 of this chapter. Buildings containing two or more dwelling units not exceeding 12 dwelling units per acre. Permitted accessory uses. The following uses shall be permitted accessory uses: All accessory uses as permitted in the R-1, R-2 districts. Conversion or enlargement as required by terms of a conditional use permit. Lot area, height, lot width and yard requirements. See performance standards as permitted in article VI, division 3 of this chapter (or as required by conditional use permit). No structure or building shall exceed three stories, or 30 feet, whichever is lesser in height, except as provided in section 113-243. A side yard abutting on a street shall not be less than 30 feet in width, and when a side yard of a multifamily structure abuts a single-family residence, the side yard shall not be less than 20 feet. The following minimum requirements shall be observed subject to additional requirements except as a modification set forth in this section and section 113-241. Lot Area Lot Width Front Yard Side Yard Rear Yard 12,500 sq. ft.90 feet 30 feet 10 feet or ½ the height of the building, whichever is greater 30 feet 4/17/2019 Falcon Heights, MN Code of Ordinances 2/2   *Lot area for single-family residence may be reduced to 10,000 square feet. (Code 1993, § 9-7.01; Ord. No. 0-93-07, § 7, 7-28-1993; Ord. No. 10-06, § 3, 9-8-2010) Editor's note— Ord. No. 10-06, § 3, adopted Sept. 8, 2010, changed the title of § 113-176 from "R-4 medium density multiple-family residential district-apartment buildings" to "R-3 medium density multiple-family residential district-apartment buildings". This historical notation has been preserved for reference purposes. 4/17/2019 Falcon Heights, MN Code of Ordinances 1/5 (a) (b) (c) (d) (e) ARTICLE V. - PLANNED UNIT DEVELOPMENT (PUD) Sec. 113-199. - Purpose. The planned unit development district is intended to permit flexibility of site design, the conservation of land and open space through clustering of buildings and activities, and an incentive to developers to plan creatively by providing density bonuses. This flexibility can be achieved by allowing deviations from standards including setbacks, heights and similar regulations. PUDs are characterized by central management, integrated planning and architecture, joint or common use of parking, open space and other facilities, and a harmonious selection and efficient distribution of uses. (Code 1993, § 9-16.01) Sec. 113-200. - Required use. PUD zoning is required for all developments having two or more principal uses or structures on a single parcel of land and may include townhouses, apartment projects involving more than one building, residential subdivisions, multi- use structures such as an apartment building with retail at ground floor level, commercial developments, mixed residential and commercial developments, and similar projects. (Code 1993, § 9-16.02) Sec. 113-201. - General requirements and standards. Comprehensive plan/Code consistency. A PUD must be consistent with the city comprehensive plan and the intent and purpose of the city Code provisions relative to land use, subdivision and development. Operating and maintenance requirements for PUD common open space/facilities. Whenever joint common open space or service facilities for individual owners or users are provided within the PUD, the PUD plan shall provide reasonable assurance of adequate operation and maintenance of such open space and service facilities. Staging of public and common open space. When a PUD provides for common or public open space, the total area of common or public open space or security in any stage of development, shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. Development stages. Whenever any PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 125 percent of the proposed residential density of the entire PUD. Urban development and availability of public services . All development shall be carefully phased so as to ensure that it will not cause an unreasonable burden upon the city in providing services and utilities or cause a deleterious impact upon the natural environment. (Code 1993, § 9-16.03) Sec. 113-202. - Permitted uses and standards. 4/17/2019 Falcon Heights, MN Code of Ordinances 2/5 (a) (b) (c) (1) a. b. c. d. e. f. g. (2) a. b. c. (3) a. b. The permitted uses, standards, and development plan shall be set forth in the ordinance rezoning the property to PUD. (Code 1993, § 9-16.04) Sec. 113-203. - Procedure for processing a planned unit development. Approval process. Planned unit developments may be permitted in the legislative discretion of the city council. The application and hearing process for planned unit developments will be as required for other zoning chapter amendments. Preapplication conference. Before filing an application for PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the city 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 his or her proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data. Application information. An applicant shall submit a completed application form furnished by the city, together with the following information: Drawings in schematic form containing the following: The location, size of site and the proposed uses of the land to be developed. The density of land use to be allocated to the several parts of the site to be developed. The location and size of all useable open space and the form of organization to own and maintain such space. The use, height, bulk and approximate location of buildings and other structures. The plans for the distribution of sanitary wastes, stormwater, and the provisions of other utilities. The plans for parking of vehicles and the location and width of proposed streets, curbs, gutter and landscaping. A schedule showing the proposed times within which application for final approval of all sections of the planned unit development are intended to be filed. A written statement must include the following: A narrative explanation of the general character of the planned unit development, its integration with the surrounding land uses and justification of any requested density bonuses. A statement identifying the final ownership and describing maintenance of all parts of the development including streets, structures and useable open space. The total anticipated population of the planned unit development, with breakdowns as to the estimated number of school age children, adults and families. The following exhibits: Abstractor's certified property certificate showing the names and addresses of property owners within 350 feet of the outer boundaries of the property. Location map showing property in relation to the city as a whole and to the city's primary 4/17/2019 Falcon Heights, MN Code of Ordinances 3/5 c. d. 1. 2. 3. 4. 5. 6. e. 1. 2. 3. 4. f. (a) elements such as thoroughfares, schools, parks and shopping areas. A legal description of the property including approximate total acreage. Boundary survey prepared by a registered surveyor of the property and 100 feet beyond showing: Existing property lines and dimensions. Ownership of all parcels. Platting and easements. Street and railroad rights-of-way. Buildings. Utility lines and facilities. A topographic map prepared by a registered civil engineer or registered land surveyor covering the entire tract proposed for development which contains the following information: Contour lines at no more than foot intervals. Hydrologic information including drainage patterns, wetlands, and land subject to periodic flooding. Soil and subsoil conditions. Vegetation including classification of tree cover by species. Any other material requested by the city council, planning commission or city staff. (Code 1993, § 9-16.05) Sec. 113-204. - Coordination with subdivision approval. If development of the PUD requires subdivision approval, the PUD and subdivision shall be processed concurrently. (Code 1993, § 9-16.06) Sec. 113-205. - Development contract. The city and the developer shall enter into a development contract setting forth any improvements required to be undertaken by the developer. This contract may be combined with the development contract required for subdivision approval. (Code 1993, § 9-16.07) Sec. 113-206. - Rezoning. If approved by the city council, the property shall be rezoned PUD in accordance with the terms of approval. If a concurrent plat application is being processed, PUD rezoning shall be concurrent with final plat approval. (Code 1993, § 9-16.08) Sec. 113-207. - Control of planned unit development following completion. Modification of structures. After the certificate of occupancy has been issued, the use of the land and the 4/17/2019 Falcon Heights, MN Code of Ordinances 4/5 (b) (1) (2) (3) (a) (b) (c) (d) (1) construction, modification or alteration of any buildings or structures within the planned development shall be governed by the final development plan. Changes in final development plan. After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan except upon application as provided below: Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the planning commission if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the volume of any building or structure by more than ten percent. Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved. Changes in the use of common open space or any other substantial changes in the final development plan may be authorized by an amendment to the final development plan. (Code 1993, § 9-16.09) Sec. 113-208. - Amendment of plan. Any substantial changes in the final development plan, including but not limited to changes in land use, increases in development density or intensity or changes in the provisions for common open spaces shall require a PUD amendment. The amendment process for planned unit developments shall be the same as that for all other amendments to this chapter. (See section 113-35.) (Code 1993, § 9-16.10) Sec. 113-209. - Urban farm planned unit development district. Legal description. The legal description of this PUD is lots 1 and 2, block 1, Urban Farm Project Addition. Purpose. The purpose of the urban farm PUD district is to provide for the mixed uses of an urban farm and an apartment building. Scope. The provisions of this section apply to the urban farm planned unit development. Permitted uses. The following uses are permitted subject to the development plan for the PUD, subsection 113-209(f), and the standards and requirements of the R-5M zoning district, except as modified herein: On lot 1, block 1 an urban farm. At least 21 paved parking spaces must be maintained next to the main building adjacent to Larpenteur Avenue, as well as at least 24 overflow parking stalls. The urban farm may have up to: 976 square feet of retail space; 2,201 square feet of office/training/kitchen space; 8,580 square feet of distribution/warehouse space; 849 square feet of greenhouse space; and 576 square feet of yard storage building space. 4/17/2019 Falcon Heights, MN Code of Ordinances 5/5 (2) (3) (e) (1) (2) (f) (1) (2) (3) (4) On lot 2, block 1, a 68-unit apartment building with at least 68 parking spaces. At least 54 of the require spaces must be below grade and integrated into the apartment building. The site many have up to: 60,537 square feet of residential living space; Four stories with underground parking; and Private access easement between lot 1 and lot 2 to be recorded into the property record of both parcels. On lots 1 and 2, block 1, essential services. Permitted accessory uses. On lots 1 and 2, block 1, the accessory uses in the R-5M zoning district; On lot 1, block 1, seasonal hoop houses for growing vegetables. Development plan. The PUD must be maintained in accordance with the following development plan which is on file with the city and which is incorporated herein by reference: Urban farm project addition plat; Topographic survey and grading, drainage and utility plan prepared by Jacobson Engineers & Surveyors dated July 28, 2014; The following plans prepared by LHB for lot 1, block 1: Architectural Site Plan w/Landscape Layout dated August 18, 2014; First Floor Plan dated August 18, 2014; Yard Storage Building - Color Option 1 dated July 28, 2014 or Yard Storage Building - Color Option 2 dated August 18, 2014; Exterior Elevations - Color Option 1 dated August 18, 2014 or Exterior Elevations - Color Option 2 dated July ***. The following plans prepared by Kelly Brothers, Ltd. for lot 2, block 1: Architectural Site Plan w/Landscape Layout dated — TBD Exterior Elevations — TBD Complete Floor Plan date — TBD (Ord. No. 13-02, § 2, 5-22-2013; Ord. No. 14-02, § 1, 9-10-2014; Ord. No. 17-01, § 1, 6-14-2017) Secs. 113-210—113-239. - Reserved.