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HomeMy WebLinkAboutPCAgenda_05May24City of Falcon Heights Planning Commission City Hall 2077 W. Larpenteur Avenue Tuesday, May 24, 2005 7:00 p.m. .. AGENDA A. CALL TO ORDER: 7 p.m. B. ROLL CALL: Tracy Lukermann Harris Lageson Heideman DeLeo Ryan Ziebarth Council Liaison Lindstrom City Administrator Worthington Staff Liaison Jones City Attorney C. APPROVAL OF MINUTES: February 22, 2005, and March 22, 2005 D. PUBLIC HEARING: Proposed code amendment on noncompliance. E. AGENDA ITEM: Recommendation to City Council on proposed code amendment F. INFORMATION AND ANNOUNCEMENTS G. ADJOURN City of Falcon Heights Planning Commission City Hall 2077 W. Larpenteur Avenue Tuesday, May 24, 2005 7:00 p.m. AGENDA A. CALL TO ORDER: 7 p.m. B. ROLL CALL: Tracy Lukermann Harris Lageson Heideman DeLeo Ryan Ziebarth Council Liaison Lindstrom City Administrator Worthington Staff Liaison Jones City Attorney • C. APPROVAL OF MINUTES: February 22, 2005, and March 22, 2005 D. PUBLIC HEARING: Proposed code amendment on noncompliance. E. AGENDA ITEM: Recommendation to City Council on proposed code amendment F. INFORMATION AND ANNOUNCEMENTS G. ADJOURN L~ CITY OF • FALCON HEIGHTS 2077 W. Larpenteur Avenue Falcon Heights, MN 55113-5594 emaiE: mailC~3ci.falcon-heights.mn.us website: www.ci.falcon-heights.mn.us MEMORANDUM To: Members of the Planning Commission CC: Heather Worthington, City Administrator; Peter Lindstrom, Council Liaison From: Deb Jones, Staff Liaison Subject: Planning Commission Meeting on May 24 Date: May 20, 2005 Phone - (651) 792-7600 Fax - (651) 792-7610 Please notify Staff as soon as possible if you will not be able to attend the meeting of the Planning Commission this coming Tuesday, May 24. There is a public hearing on a proposed ordinance amending the zoning code, and the Commission will need to vote on a recommendation to the City Council. • The proposed amendments to Chapter 9 were suggested by City Attorney Roger Knutson in order to bring Falcon Heights code into line with Minnesota state law. In 2004, the Minnesota statute was changed to allow owners additional leeway and flexibility with nonconforming structures. This change will make it possible, for example, for certain owners in the Grove who have front yard fences -part of the original home design but illegal under our present code - to restore these architectural features without applying for variances. It will also make it possible to allow certain additions and modifications to existing nonconforming structures, such as homes on the shallow Asbury properties and 1871 Larpenteur, without variances - as long as the addition does not increase the nonconformity. Bottom line: Owners with nonconforming structures will have more freedom to update, maintain and improve those structures. City zoning processes will be streamlined in those cases. Please read the attached documents for details. A public hearing will precede the Commission's deliberation on this ordinance. Notice was published in the Roseville Review at the required time. Mailed notices to property owners were not required and were not sent. No questions or feedback of any kind have been received from property owners in this matter. Training Opportunity: The LMC is offering a training session "Land Use Issues for City Staff, Elected Officials, and Board and Commission Members" in St. Paul on June 15. The session for Commissioners is 6:30 in the evening. This one is highly recommended! If you are interested you can sign up directly online, or contact me and I will sign you up. I will also give you an update on 1871 Larpenteur on Tuesday during the information phase of the meeting. Please contact me or Heather if you have questions about questions about any of the above. See you Tuesday! • HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICUL; URE (~~~ PRINTED ON RECYCLED PAPER • MEMORANDUM To: Members of the Planning Commission CC: Heather Worthington, City Administrator; Peter Lindstrom, Council Liaison From: Deb Jones, Staff Liaison Subject: Planning Commission Meeting on May 24 Date: May 20, 2005 Please notify Staff as soon as possible if you will not be able to attend the meeting of the Planning Commission this coming Tuesday, May 24. There is a public hearing on a proposed ordinance amending the zoning code, and the Commission will need to vote on a recommendation to the City Council. • The proposed amendments to Chapter 9 were suggested by City Attorney Roger Knutson in order to bring Falcon Heights code into line with Minnesota state law. In 2004, the Minnesota statute was changed to allow owners additional leeway and flexibility with nonconforming structures. This change will make it possible, for example, for certain owners in the Grove who have front yard fences -part of the original home design but illegal under our present code - to restore these architectural features without applying for variances. It will also make it possible to allow certain additions and modifications to existing nonconforming structures, such as homes on the shallow Asbury properties and 1871 Larpenteur, without variances - as long as the addition does not increase the nonconformity. Bottom line: Owners with nonconforming structures will have more freedom to update, maintain and improve those structures. City zoning processes will be streamlined in those cases. Please read the attached documents for details. A public hearing will precede the Commission's deliberation on this ordinance. Notice was published in the Roseville Review at the required time. Mailed notices to property owners were not required and were not sent. No questions or feedback of any kind have been received from property owners in this matter. Training Opportunity: The LMC is offering a training session "Land Use Issues for City Staff, Elected Officials, and Board and Commission Members" in St. Paul on June 15. The session for Commissioners is 6:30 in the evening. This one is highly recommended! If you are interested you can sign up directly online, or contact me and I will sign you up. I will also give you an update on 1871 Larpenteur on Tuesday during the information phase of the meeting. Please contact me or Heather if you have questions about questions about any of the above. See you Tuesday! • City of Falcon Heights Planning Commission Minutes February 22, 2005 PRESENT: Commissioners Lukermann, Harris, Lageson, Ryan, Tracy, Ziebarth. Also present was Staff Liaison Deb Jones. In attendance for the scheduled public hearing were two residents and two employees of Twin City Co-ops Federal Credit Union. ABSENT: Heideman, Lindstrom, De Leo (with notice) The meeting was called to order by Commissioner Harris, Commission Chair, at 7:00 p.m. The minutes of the November 23, 2004, meeting were approved. COMMISSION CHAIR FOR 2005: Patrick Ryan was elected Chair of the Planning Commission for 2005. Commissioner Ryan conducted the remainder of the meeting. INTERIM USE PERMIT FOR FARMER'S MARKET AT TWIN CITY CO-OPS, 2025 LARPENTEUR AVENUE Ms. Jones presented the staff report on the Farmer's Market IUP. The Market has had two seasons on the TCCU property and has become a popular and highly valued community asset. Residents and visitors have expressed much appreciation for the way the market has been conducted and for the excellent supervision and stewardship provided by the property owner • TCCU. Last year the IUP was changed to adjust parking requirements and traffic flow in response to the experience of the first season. This year three changes are proposed the IUP. First, the Market would like to open in May instead of June to give the vendors the opportunity to offer perennials and bedding plants at the appropriate season. Second, sales would be allowed to start at 7:30 a.m. instead of 8:00 a.m. to give commuters the opportunity to shop before they go to work. There have been many requests for this change, from both City residents and people employed in Falcon Heights and at the University. Vendors would not arrive or set up any earlier than usual; they would still be required to wait unti16:30 a.m. as in previous years. The most significant change proposed this year is to allow the IUP to be open-ended rather than limited to one year, as in the past. The new permit would be in effect as long as TCCU owns and occupies the property and all other permit conditions are met. Ms. Jones explained that an IUP does not have to state a specific time period but can have other kinds of conditions for expiration. The Staff finds that the Co-op has done an excellent job as host of the Market in the first two seasons. Making the IUP condition-limited instead oftime-limited will save the trouble and expense of renewing annually while avoiding possible unintended consequences of converting the market to a conditional use available to future owners or occupants of the property. PUBLIC HEARING Commissioner Ryan opened the public hearing. The first speaker was Sherif Tawfic, 1978 • Garden Avenue. Mr. Tawfic thanked all concerned for making the Farmer's Market a success. He expressed concern that residents might lose control over the conditions of the market operation if the IUP is open-ended and that the proposed time extension may open the City of Falcon Heights -Planning Commission Meeting of February 22, 2005 -Page 1 of 3 way to changes not palatable to neighbors. Therefore he wants the IUP to be kept on an • annual basis. Cindy Hartley, Director of Facilities for Twin City Co-ops Federal Credit Union, was the next speaker. She said the Co-op is willing to come back annually but hoped to save time by making this change. She is the individual in charge of seeing that the permit conditions are met. The conditions are strictly enforced. Last year traffic flow went much more smoothly with the changes to the parking lot. In response to a question from Commissioner Tracy, Ms. Hartley said that the cost involved in annual renewal is chiefly staff time, both for TCCU and the City. Commissioner Lageson asked what happens if there is a complaint. Ms. Hartley answered that there is a Farmer's Market representative on-site. If they can't handle the problem, it goes to her, and she is also always present when the market is in operation. Commissioner Lukermann recommended that the process of communicating complaints or concerns be made known to the community. Commissioner Harris expressed thanks to TCCU for hosting the market. The next speaker was Amel Soliman of 1978 Garden. She also expressed thanks for the Market and appreciation of the way it has gone. She has two concerns, however. First, vendors' trucks have been coming to park on Prior as early as 6 a.m., keeping their engines running. She is worried they will show up even earlier if the market opens at an earlier hour. Second, she has seen litter blowing on windy days and suggests more trash cans on the market site. • Ms. Hartley said she was unaware of the trucks coming early and will talk to Jack Gerton, manager of the St. Paul Farmers Market about the situation. Todd Barduson of TCCU came to the podium to explain that some vendors have fairly elaborate setups with complicated loading and stacking of fragile goods. They are trying to beat the morning traffic and may not be able to control their arrival time precisely. As for the litter, he assured the Commission that he drives the perimeter to try to catch anything that blows away. There is a policy of fines charged to vendors if they don't thoroughly police their area. Commissioner Tracy asked why the trucks are idling in the street. Mr. Barduson said they are probably trying to keep warm at the early hour or keep refrigeration equipment running. He stressed that the Co- op wants to do what is necessary to make the Market work for the neighbors. Ms. Jones said that this is the first time Staff has heard these concerns. She pointed out that Prior is a no-parking zone. Enforcement of parking restrictions would be a first step if vendor are stopping on Prior before the market opens. Ms. Soliman added that this is why the permit needs to be annual, to make sure the market stays well run and that neighbors are listened to. There being no one else who wished to speak, the public hearing was closed. FARMERS MARKET I.U.P.: DISCUSSION AND RECOMMENDATION Commissioner Lageson, addressing the resident's concern that the neighbor's complaints would not be heard, suggested that an annual comment period could be held without requiring • annual renewal of the permit. Commissioner Harris pointed out that all City services and activities can be commented on at any time without a public hearing. Giving input to the City City of Falcon Heights -Planning Commission Meeting of February 22, 2005 -Page 2 of 3 is not a problem. However, the conditions of the permit could certainly be changed to address the problem of idling vehicles before 6:30 a.m. Commissioner Lukermann moved to accept the Staff recommendation on the IUP (and thus recommend approval to the Council) with modifications in the IUP to address the vehicle issue. Harris seconded the motion. Commissioner Ryan said he was troubled by the idea of the permit running with the land but felt it was not necessary to require annual renewal. There needs to be a vehicle for responding to concerns. Commissioner Tracy said a compromise of atime-limited but multi- year permit should be considered. Commissioner Harris pointed out that no matter how long the permit runs, it will terminate if the conditions are violated. Commissioners reviewed the conditions listed in the proposed Interim Use Permit and continued discuss possible amendments that could solve the idling vehicle problem. Because Prior Avenue is the public right of way and not under control of the property owner, the conditions of the permit cannot be extended to vehicles idling on Prior. One suggestion that was received favorably by Commissioners was to add a bullet point to the list of permit conditions requiring early-arriving vendors to wait in the front (south) parking lot if they arrive before 6:30 a.m. The TCCU personnel said they would be happy to make that parking lot available. The parking lot is distant from most residences, and the noise from idling would be much less of an issue next to the Larpenteur traffic. The Co-op would also be happy to give an annual report to the Commission on the Farmer's Market season, probably at the • November meeting, as suggested by Commissioner Ryan. Commissioner Lukermann amended her motion to specify that the above condition would be added to the list in the IUP and that vehicle would be restricted to that parking lot before 6:30 a.m. The motion, as amended, passed unanimously. Commissioner Ryan commented that the last two bullet points in the list of conditions do allow the kind of flexibility needed to make future adjustments to the IUP to respond to developing neighborhood concerns without terminating the permit. INFORMATION AND ANNOUNCEMENTS: There were no announcements. ADJOURNMENT The meeting was adjourned at approximately 7:57 p.m. to a Commission workshop, the last in a series of discussions reviewing the City zoning code in expectation of updating and recodification in the coming year. Respectfully submitted, Deborah Jones, Staff Liaison • City of Falcon Heights -Planning Commission Meeting of February 22, 2005 -Page 3 of 3 City of Falcon Heights • Planning Commission Minutes March 22, 2005 PRESENT: Commissioners De Leo, Harris, Heideman, Lageson, Council Liaison Lindstrom. Also present was Staff Liaison Deb Jones. ABSENT: Ryan, Lukermann, Tracy, Ziebarth The meeting was called to order at 7:05 p.m. by Commissioner Harris, in the absence of Chairman Ryan. As there was no quorum, approval of the minutes of the February 22, 2005, meeting were tabled until next month. [Note: Upon the arrival AGENDA: There were no agenda items. INFORMATION AND ANNOUNCEMENTS: Councilmember Lindstrom invited the Commission to a tour of the new multi-family building on Apri121 at 5:30 p.m. Meet in the lobby. Those who wish to attend should notify staff so the management knows how many to expect. Lindstrom also reminded Commissioners and viewers of the second annual city wide food shelf drive that ends Saturday, Apri12. He read off the list of locations where residents can • drop off food, including l O local businesses, City Hall, the elementary school, the homes of volunteers, and several other locations. Flyers have been posted around the City. The Lions will be picking up the donations at about mid day on April 2, so donors are encouraged to drop off donations early in the day or before Saturday. Brian Olson, resident of 1592 Roselawn, asked for clarification on the date of the tour. It is Apri121. Staff Liaison Jones conveyed the apologies of City Administrator Worthington, who was unable to attend as planned and give the Commission an update on the progress of the Southeast Corner redevelopment project (Falcon Heights Town Square). Jones distributed copies of Ms. Worthington's report and gave the highlights for viewing audience. There is going to be a story about the project in the St. Paul Pioneer Press in the near future; exact date is unknown. Sherman Associates says the senior building is about half rented at this date, in line with expectations. They are working on getting a longer pedestrian signal for crossing Larpenteur at Arona. Plans for the townhomes have not been submitted yet; the City expects to have them soon. Construction could begin within the next six to eight weeks, depending on weather. In the multi-family building, work is beginning on finishing the interior spaces. Staff has been working with Pizza Hut on their permit for their interior and their signage. Two additional commercial spaces have been leased, to Williams Optical and Sports Barber; two more are vacant. Commissioners are welcome to contact Ms. Worthington if they have questions. Commissioners had a few questions about the barber shop and other potential • businesses at the new building and gave some compliments to other businesses in the Snelling Larpenteur district. City of Falcon Heights -Planning Commission Meeting of March, 2005 -Page 1 of 2 Commissioner Lageson asked about the fence on the east side of Dino's, noting that it has not yet been replaced. Ms. Jones said that she had not checked on this recently, but as of November, the project was waiting on a decision by the resident on what kind of fencing he wants. She assured Commissioners that the fence will be replaced. Commissioner Lageson asked if the drainage problem at Curtiss Field had been resolved. Jones said yes, and referred the Commissioners to the Public Works Director if they want more information. The pond did drain before the ground froze. Mr. Olson of 1592 Roselawn came forward again to ask if only the three named businesses had moved in to the new building. Ms. Jones responded that no businesses have moved in yet; these are just businesses that have signed leases. Mr. Olson asked if the three are Falcon Heights businesses moving from across the street. Jones replied that the Pizza Hut is the same Pizza Hut that previously existed on the site, reopening in the new building. The other two are not currently in Falcon Heights. Mr. Olson said he had understood from the earlier discussion that the businesses were moving over from across the street. He also asked if the tour on Apri121 is open to the public. Jones said it was only for Council and Commissioners. [Note: Staff Liaison Jones was misinformed. The tour is open to the public, provided they call and make reservations by April 19. A correction was given at the City Council meeting the following evening, March 23. Ms. Jones apologizes for the error.) ADJOURNMENT • The meeting was adjourned at approximately 7:20 p.m. Commissioners adjourned to a workshop on the zoning challenges of the B-1 property at 1871 Larpenteur, which is now on the market. No zoning or building applications are pending at this time; the workshop was informational in anticipation of issues that a new owner will face and possibly bring before the Commission at a future time. Respectfully submitted, Deborah Jones, Staff Liaison • City of Falcon Heights -Planning Commission Meeting of March, 2005 -Page 2 of 2 City of Falcon Heights • Planning Commission Workshop: Zoning Challenges of 1871 Larpenteur Avenue March 22, 2005 Purpose: To familiarize Commissioners with the challenges facing future owners of 1871 Larpenteur, formerly the Garden View Cafe. The property is on the market and Staff have received a number of inquiries that raise a range of possibilities. No applications have been received at this time, and no Commission action is required. Background: For background on the property, Commissioners are referred to the staff report in the packet for the March 22 meeting. Summary of issues: • The sum of the required side setbacks is greater than the width of the lot; the lot is unbuildable as a B-1 property without variances. • The present building is non-conforming and cannot be made conforming. Variances will be required for any rebuilding. • Conversion to residential use would require rezoning, most likely to a P.U.D., as the narrowness of the lot poses challenges to residential building also. • The neighborhood will be fully involved in any redevelopment or change of use. Communication among all parties will be essential at every stage. • Any future owner who wants to modify the existing structure or take on the greater • challenges of rebuilding or rezoning and redevelopment will need to be prepared to invest considerable time and money in the process. For a more complete outline of the issues related to various redevelopment scenarios, please see the attached handout, distributed at the beginning of the workshop. Note: The code amendment proposed for recommendation on May 24 would allow substantial modifications to the existing structure, even replacement, provided the same building envelope is maintained. The structure could even be enlarged, provided no non- conformity is increased. Points and Questions Raised by Commissioners • Because of the investment required, a new owner would need to be sure the plan would be profitable. • What was the intention of the comprehensive plan for this one small commercial property? The purpose of any one B-1 zone is to serve the immediate neighborhood. In this case, the plan may reflect the existing use of the property (when the plan was made) as much as any long-term intention. • Is Staff recommending rezoning this property as residential or PUD? There is no recommendation because no application has been received. All Staff is doing at this time is offering the Commission information on the property and the zoning issues • related to present and future use. Planning Commission Workshop: 1871 Larpenteur March 22, 2005 Page 1 of 1 • • 1871 Larpenteur: Additional Notes March 22, 2005, updated S/19/OS Inquiries so far have been of two kinds: • Keep current type of use, i.e. B-1 business o If no rebuilding or major remodeling, no zoning action required o If rebuilding or remodeling >50%, would have to become conforming. This is not possible without major variances. See below. Convert to housing o Zoning change required o PUD almost certainly required What does it mean for this property to be conforming (as B-1)? Re uired Existin Comformin ? Minimum lot area 10,000 sq.ft. 12,632 s . ft. yes Maximum hei ht 2 stories or 24 ft One stor es Minimum lot width 90 feet 56.97 ft. no Maximum building size 5000 sq. ft. 2288 sq. ft. yes Front setback 30 feet ~ 45 ft. es Side setback (east) 30 ft (adjacent to residential lot) ~ 5 ft. no Side setback (west) 30 ft (adjacent to street < 2 ft. no Rear setback 20 feet ~ 122 ft. es Maximum lot coverage 75% ~ 7340 sq. ft. or about 58% yes Note that total width of lot is less than sum of required side setbacks. The lot is completely unbuildable as B-1 without major variances! • Could asingle-family dwelling be built on this property without variances or a PUD? (A zoning change would be required.) From Falcon Heights City Code: 9-2.03 Lot Provisions Subdivision 1. Lot Restrictions. A lot of record existing upon the effective date of this chapter which does not meet the requirements of this chapter as to area or width, but which meets all other zoning ordinance requirements, may be utilized for single family detached dwelling purposes provided it is zoned residential and the measurements of such area or width are within sixty six and two thirds (66 2/3%) percent of the requirements of this chapter, but said lot of record shall not be more intensively developed unless combined with one (1) or more abutting lots or portions thereof so as to create a lot meeting the requirements of this chapter. (Amended by ordinance 99-OS) Additional Notes on 1871 Larpenteur Updated 5/19/05 Page 1 of 2 • The minimum width of a corner lot under this provision would be 60 feet. This lot is just short of that width; therefore, it does not qualify and would require at least that one variance, as well as rezoning. • The setbacks for asingle-family dwelling would be 30 feet front and back, 5 feet east and 15 feet west. • The maximum lot coverage for single-family property of this size is 30% or 3789.6 sq. ft. What about a duplex? Would this use fit, if the property were rezoned residential? • Since a 2-family building is a "more intense" use than 1-family, the exception above would not apply and the lot would need to be combined with adjacent property to build a duplex. The alternative is a PUD. • The lot does exceed the minimum area required (12,500 sq. ft.). • A duplex would not have to meet the 30% lot coverage limit; it would be covered by the 75% limit. What about townhomes or amulti-family building? What factors would indicate the • need for a PUD? • A lot width of 90 feet is required for R-4. This lot is less than 60 feet wide. See the excerpt above from 9-2.03. City Code requires combination with an adjoining lot in order to use more intensively than single-family residence. Required setbacks in R-3 and R-4 are 30 feet on a street and 20 feet on the side abutting a single family residence, which leaves too narrow a buildable envelope without some kind of zoning adjustment, such as a PUD (The property on the east, although zoned R-4, is used as asingle-family residence. If the R-3 setback rule is applied, the setback is 10 feet or half the height of the building, which ever is greater.) • The number of dwelling units could not exceed 12 per acre (in R-4). This lot is .29 acre, which would permit 3 units. • The 75% lot coverage limit would apply. This means a maximum of 9474 square feet would be available for all structures, parking lots, driveways, sidewalks, etc. • Amulti-family building would have to meet the parking requirements of 2 parking spaces per unit, plus setbacks, screening, access, lighting, etc. for parking lots and driveways. • Additional Notes on 1871 Larpenteur Updated 5/19/05 Page 2 of 2 Planning Commission 5/24/05 Item 1 ITEM: Proposed Ordinance Amending Portions of Chapter 9 of the City Code Concerning Nonconformities SUBMITTED BY: Deborah Jones, Planning and Zoning Coordinator REVIEWED BY: Heather Worthington, City Administrator Summary: In Falcon Heights there are many structures that do not conform to all the provisions of the City Code. Many of them were built before the relevant parts of the code were adopted; some were allowed by variance. These properties are considered legally non- conforming. Falcon Heights City Code presently places severe restrictions on how much alteration, repair, restoration and improvement can be done with these structures. In some cases owners have been unable to restore original architect-designed features that have aged beyond normal maintenance. In 2004, Minnesota law was changed to allow owners more flexibility in replacing and restoring nonconforming structures. The new law also allows owners some additional options for extending and adding on to nonconforming structures, as long as the degree of nonconformity is not increased. In practice, Falcon Heights has already allowed such additions, most notably for • the exceptionally wide and shallow lots between Snelling and Asbury. The proposed ordinance would bring Falcon Heights code in line with state law. Staff recommends approval for the following reasons • The proposed amendments would bring the Falcon Heights zoning code into line with the new state law. • Staff will be able to give administrative approval of permits for certain reasonable restorations, improvements and additions without the owners having to apply for variances. • Owners ofnon-conforming homes with distinctive, original architectural features will be able to do needed restoration without variances. • Options for rebuilding or building additions on certain properties (for example, 1871 Larpenteur and the Snelling/Asbury blocks) will be greatly simplified. ATTACHMENTS: • Proposed amendment to Chapter 9 • Existing text of Chapter 9 • Public notice of hearing on the proposed amendment ACTION REQUESTED: • Recommend approval of the ordinance to the City Council. Staff Report on Proposed Ordinance Amending City Code on Nonconformity Page 1 of 1 Falcon Heights Planning Commission -May 24, 2005 CITY OF FALCON HEIGHTS 2077 W. Larpenteur Avenue Falcon Heights, MN 55113-5594 email: mailC~3ci.falcon-heights.mn.us Phone - (651) 792-7600 website: www.ci.falcon-heights.mn.us Fax - (651) 792-7610 PUBLIC HEARING NOTICE Notice is hereby given that the Falcon Heights Planning Commission will meet in the Council Chamber of the City Hall at 7:00 p.m. on May 24, 2005, to consider an ordinance amending Chapter 9 of the Falcon Heights City Code concerning nonconformities. Such persons as desire to be heard with reference to the proposed ordinance amendment will be heard at this meeting. Dated: May 5, 2004. ~~ ,, Bather Worthington, City Administrator POSTED AT CITY HALL ON MAY 6, 2005. PUBLISHED IN THE ROSEVILLE REVIEW ON MAY 10, 2005. • HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICUL: URE 118223. ~n ~~ PRINTED ON RECYCLED PAPER • CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 OF THE FALCON HEIGHTS CITY CODE CONCERNING NONCONFORMITIES THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS AS FOLLOWS: SECTION 1. Chapter 9, Section 9-2.02, Subd. 1 of the Falcon Heights City Code is amended to provide: Nonconformities. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this Chapter, unless: • (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. SECTION 2. Chapter 9, Section 9-2.02, Subd. 9(a) of the Falcon Heights City Code is amended to read: a. Conforming Use. A nonconforming building or structure for a conforming use may be expanded provided that the expansion does not increase the nonconformity of the building or structure and is in compliance with other code requirements. SECTION 3. Chapter 9, Section 9-2.02, of the Falcon Heights City Code is amended by deleting Subdivisions 2, 6, 7 and 8. :7 i iso22 • SECTION 4. This Ordinance shall take effect and be enforced from and after its assa e p g and publication. PASSED by the City Council of Falcon Heights this day of _ , 2005. Susan L. Gehrz, Mayor ATTEST: Ayes- Heather M. Worthington, City Administrator/Clerk Nays- • • i iso22 2 Planning Commission 5/24/05 • Existing Code on Noncompliance Grey sections are to be amended; strike-through sections are to be deleted. PLANNING & DEVELOPMENT 9-2.01, 2.02 PART 2. GENERAL PROVISIONS 9-2.02 Non-Conforming Uses, Buildings and Structures Subdivision 1. Preservation of Non-Conformin Uses. Except as hereinafter provided in this Section, the lawful use of land or the lawful use of a building or structure existing on the effective date of this Code or on the effective date of any amendment thereto may be continued although such use does not conform to the provisions of this Code, except as otherwise provided in this Section. Advertising signs located in the City shall be removed by October 1, 1985. Subdivision 3. Unlawful Use, Buildings, and Structures. No unlawful use of property existing on the effective date of this Code nor any building or structure which is unlawfully existing on such day shall be deemed anon-conforming use or a non-conforming building or structure. Subdivision 4. Permit Holders and Permit Applicants. Any non-conforming structure that is ready for or under construction on the effective date of this Code may be completed and occupied in accordance with the requirements of any valid building permit issued therefor prior to such effective date. Subdivision 5. Change From One Non-Conforming Use to Another. Anon-conforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, anon-conforming use of a building may be changed to another non-conforming use of the same or a more restrictive classification, and provided such change is approved by the City Council. Once changed to a conforming use, no building or land shall be permitted to revert to anon-conforming use. • Anon-conforming use, all or partially conducted in a building or buildings, maybe Falcon Heights Planning Commission, May 24, 2005 Existing Code on Noncompliance Page 1 of 5 changed to another non-conforming use only upon determination by the City Council, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace and that there is no conforming use available for the building or buildings. In determining relative "detriment", the Planning Commission shall take into consideration, among other things, traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazard; and hours and manner of operation. V ll ~ 1 7 7 7 ~ 7 1 J ~., ~.... 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Additions and Enlargements r 1 Falcon Heights Planning Commission, May 24, 2005 Existing Code on Noncompliance Page 2 of 5 a. Permitted Use: Anon-conforming building or structure which is . non-conforming as to area, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements are made to conform to all of the regulations of the district in which it is located, except as permitted in Section 9-2.02, Subdivision 2, relating to interior side yard or corner side yard setbacks. All non-conforming buildings or structures, including all additions and enlargements shall conform to this Code. b. Non-conforming Use: Anon-conforming building or structure designed or intended for anon-conforming use may not be added to or enlarged structurally. c. Land: The non-conforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded, intensified or extended beyond the area it occupies. Subdivision 10. Relocation of Building or Structure Whenever an existing building is to be moved from its present location to a location within the City of Falcon Heights, the person or business association proposing to move said structure should first comply with the following specific requirements: a. File an application for a permit within 60 days of the moving date with the Zoning Administrator providing the following information: • 1. Location on which structure or buildin is bein moved from• g g 2. Location within Falcon Heights to which the building or structure is being moved; 3. Construction plans for the building, if available; 4. The site plan for the location in Falcon Heights upon which the building or structure is going to be placed; 5. Plans and specs which shall include the foundation; exterior repairs and improvements, including windows and doors; roofing, electrical and plumbing modifications; heating systems; and any necessary interior reconstruction decorating, all to be in accordance with applicable building codes and which shall indicate that the structure once moved shall be in reasonable conformance with surrounding property including but not limited to sodding, grading and planting. b. Upon presentation of this application, deposit the fee as stipulated in Section 5- 14.07 of the code with the Zoning Administrator to defray costs incurred by the city in processing the application, inspecting the building and doing whatever else • is necessary to determine whether the building conforms with or can be made to Falcon Heights Planning Commission, May 24, 2005 Existing Code on Noncompliance Page 3 of 5 conform with existing codes. If any portion of the escrow payment required is not • used, the amount remaining shall be returned to the petitioner following satisfactory completion of item (d) following. c. If the city requires an additional deposit to guarantee any street repairs that may be required following the process of moving the building, deposit such amount up to $1,000.00 with the Zoning Administrator. Any unused portion of such deposit will be returned to the petitioner following satisfactory completion of item (d) following: d. Furnish a surety bond to the City in the amount of one and one-half times the estimated costs of remodeling, refurbishing or otherwise constructing or reconstructing such building in accordance with the plans and specifications and the city's building code and such bond shall be further conditioned that work will be completed within 90 days of issuance of the permit. The bond shall operate in favor of the city and shall hold the city harmless from any loss or damage by reason of improper or inadequate work performed by the holder of said license under the provisions of this code. In addition, the bond shall set forth that the site will be cleaned up and that all rubbish, material, extra fill, dirt, debris and left over materials shall be removed within 15 days after the building is moved on to the site. e. Deposit with the Zoning Administrator a copy of a certificate of insurance • indicating that the petitioner has sufficient insurance to protect the municipality and public from any and all damage which may result either directly or indirectly from the moving of said building. Upon receipt of the application, the Zoning Administrator shall inform the building inspector who shall inspect the building and be reimbursed for time and travel involved in making such inspection. The city engineer shall determine whether or not drainage of the new site is feasible and available and in connection therewith may require any appurtenances or new installations all of which shall be at petitioner's expense. The city council shall review the application and grant the permit if all of the foregoing requirements have been met and so long as the council is satisfied that: 1. The building is not too large to move without endangering persons or property in the city; 2. The building is not in such a state of deterioration or disrepair or is otherwise structurally so unsafe that it could not be moved without endangering persons and/or property in the city; Falcon Heights Planning Commission, May 24, 2005 Existing Code on Noncompliance Page 4 of 5 3. The building is not structurally unsafe or unfit for the purpose for which it is being moved into the city. Subdivision 11. Environmental. The city council may, from time to time, adopt by resolution and reference various performance standards pertaining to the environment of Falcon Heights. These may include, but are not necessarily limited to, various standards and regulations contained in the Metropolitan Development Guide or as proposed by the Metropolitan Council pertaining to on-site sewage disposal and treatment, protection of air space navigation, wetlands, solar access protection and others. The city council may require that existing uses on the date of adoption of this chapter shall, within a reasonable length of time, comply with all performance standards, including visual, following a public hearing on the matter. LJ Falcon Heights Planning Commission, May 24, 2005 Existing Code on Noncompliance Page 5 of 5 http://www.lmnc.org/conf/landuse05.cfm • Regional Training Session: Land Use Issues for City Staff, Elected Officials, and Board and Commission Members Land use continues to be one of the hottest topics in city management and the source of many expensive claims in cities throughout Minnesota. Two training sessions are designed to meet the different information needs of city staff and elected officials and board and commission members. Register for one or both sessions as space allows. Session l: For City Staff Registration: 2: 30 p. m. Program: 3-S p. m. This hands-on session explores building and development fees, parkland-dedication requirements, and the need for written findings. (A Q & A session follows the presentation. Written materials and samples will be provided.) • Learn how to set building and development fees in accordance with legislative requirements and in ways that support city decision-making. • Learn how to establish defensible parkland-dedication requirements. Review methods cities can use to support decisions to request a contribution from developers to meet • increased demands on city parks and recreation. • Review principles for developing written findings to support and help sustain land-use decisions. Session 2: For Elected Officials & Members of EDAs, HRAs, Planning Commissions, and Port Authorities Registration: 6: 30 p. m. Program: 7-9 p. m. City elected officials and planning commission members are often called to communicate with the public and the courts to explain and justify land-use decisions. (A Q & A session follows the presentation. Written materials and samples will be provided.) • Learn how to effectively run a public hearing and arrive at sound land-use decisions. • Find out how to develop written findings to support decisions and reflect thoughtful consideration of the issues. • Get a broad overview of requirements for establishing building and development fees, and parkland-dedication requirements. Dates & Locations: • June 8--St. Cloud (Registration closes: June 3) • St. Cloud Civic Center, 10 Fourth Avenue South Phone: (800) 450-7272 i Note: Parking is available at the St. Cloud Civic Center ramp at a cost of $3/day (if you exit and return, an additional charge of $3 will be applied); at the Radisson Hotel, located directly across the street from the Civic Center; and on the street. • June 9--Redwood Falls (Registration closes: June 3) Redwood Area Community Center, 901 Cook Street Phone: (507) 644-2333 June 15--St. Paul (Registration closes: June 10) League of Minnesota Cities, 145 University Avenue West Phone: (651) 281-1200 or (800) 925-1122 June 16--Rochester (Registration closes: June 10) Mayo Civic Center, 30 Civic Center Drive Phone: (800) 422-2199 Note: Parking is available at the Civic Center Parking Ramp located on First Street SE and Civic Center Drive. Cost is $0.80 per hour, with a daily maximum of $6. • June 22--Grand Rapids • (Registration closes: June 17) Sawmill Inn, 2301 Pokegama Avenue Phone: (800) 235-6455 June 23--Detroit Lakes (Registration closes: June 17) Holiday Inn, Highway 10 East Phone: (218) 847-2121 Registration: Registration cost is $25 per person/per session. Online registrants will receive an invoice from the League once online registration is submitted. Please do not send payment until your city has received a bill. Register online today. Cancellation Policy: Refunds will not be made for any cancellations. If you cannot attend, please consider sending a substitute. Questions? Contact: Rebecca Erickson E-mail: rerickso@lmnc.org. • Phone: (651) 281-1222 or (800) 925-1122. l~-~~ -~/~ 2105 • SE Corner Update 3/22/04 Heather Worthington r ~ U Construction• Construction on the Multi-Family building is projected to be complete by June. Sherman Associates are estimating a July 1, 2005 move-in date for new tenants. City Council and Planning Commission members are invited to attend awalk-through of the building on April 21, 2005 at 5:30 p.m. We will meet in the lobby of the building. Please wear comfortable shoes. The tour should take approximately one hour. The Pioneer Press will be running an update article on the development in their Business section sometime in the next week or two. When this comes out, we'll be sure to copy everyone on it. Senior Building: The building is about half-rented at this point. Sherman Associates feels that this is on-track with their projections for rentals. The building manager, Bobby Thomas, and I have been working on some issues related to the crosswalk at Arona and Larpenteur. I have been in contact with Ramsey County regarding the walk-time allotted at that signal, and we are looking for ways to accommodate those who are less mobile as they cross to the Falcon Crossing Shopping Center to eat and shop. Overall, the response to the building has been very positive. I have received no calls to date related to that building from residents in the Northome area. Town homes• We are expecting to see the town home plans any day now. Sherman Associates has told staff that they will begin construction on them as early as April or May. They will have some major excavation work to do in conjunction with that construction; depending on weather, that start date may be delayed. The plans for those units have not changed from the PUD that the Planning Commission and City Council approved in 2003-they are still projected to be 14 units, shared wall in banks of 7 units each, 2-3 bedrooms, tuck-under parking garages for two cars, with porches facing onto Arona for the first bank of units, and onto the pond area for the second bank (which will face into the interior of the site). These have generated several inquiries and we anticipate that they will be very popular. These are for-sale units-not rental. Retail• As of today, we know that the following businesses have signed leases with Sherman for the retail spaces: • Pizza Hut • Sports Barbers (a business that is expanding from Woodbury) • Arthur Williams Optical L. / QGGDi!' Tltei' ~OM'~ /~P ~klt~„t P~p~t~! QId: ~c every amt, ~~aArtd s#~lt~ade ~o a~ dam? Storm r~ra#e-r nos deadly into Mkes, Leos and vim. ~Otrn ewer ca gn~ss a lei, pet a~s1~ smd o rnaaeriats pforu$, the n~ t our precious a grmen w4th algae. Tog ttt: destroys nature!' i'II~R,-t~CS,b~d ~cl-~rtefh.8a~rfuH .. • . J~rw+Ir!~a ~ ss~ ~d ~ ~tf~s y+ea +~b~+d week,. N~ER 111lA E!R fV f~i'~ ~R'~~ E~~.tt'~4 ~~'i ' end d~liv~ys, . .~ • s: #avm and ~r+d~ ~e , r-ot- the drha~ay. • Uee no-~t~us fad. Thi~- ~ c~wgd #~y 1a~r. In jthe tts~rx,o,~bmr cede, the m number a too ~. ~~ ~ tl» t,t ~ y~ ~~_ • )R~tdGl v~s~~g your cat. srt i~or~ ~ dirty;,, flaws ir~o #~-ems and down storm<dra~s~ cat ceo i'~ ~~ s ~ ~~ is treated. • ff you five r a atortrt se+~+rer ~ri~e, ya- c~"- t by femov~'. sr every r~n~ Bag ~ ssx! piece ~ Vie!. Be sine ~ v ~asrdsl ~- ~ a~'httpylnnNw ~ htm i~ ITS 5 , _ }~ ~7~ 7~Q S?~N !#P ,S ;~ x "F~r~ay Evanf~s, 6: ~9c 3Lt p. ~. 3 wemks ~' ~ 5r 2085 . to cesidw~~s of ~e'~con ~ Flafyhts aad-- lsndet+e1s, age 12 or a'tder lost: 435.00 tall 651-792:7 to rigistar 1~e+e infcematlon: IfiKww.d.f~c~otr~#-eigt+ts . R`ftndr~nAdF - PYK LERI IKNli~7r4! ey: e~y~' Reese Team CITY f)f FALCQN H 2x77 W. Lam Averu~e, ~aic~n~teights, MN:55113 i 861-T92-7600 • Fpx $51-?93-7~0 t~tpJl~ww.d.f~iaiti-heis.~n us ~: \ - ~.... . .. 3 ~ Fa1~n~ ~ is ~:; ~ the smith iasne of,pe+~ic~dic ~;~cs tnn ~ ~ C~r~ca' Rodwel~rpm thatt.will be del~ne~ed m resisi~ts, T~ -City will #~vs these delivered door to :door, so make sure to cheek for' future: uses as:t°pt+eje~at progresses. Construction ~ mill also be ale os ~a city's wab~ite: .+t~.fa~n-ts..u~ ;_ ~#~y ©f the site during con~ruetion is vary ~ The,. St Antl~ot~y :P~lice will be'~oittg, new pawls, a~ a security ~y will cn on-site after. how- ~ y~i'see, ln~r, sr e~iFa~n-e anything e~ttsf the may, p~ape csill 91 t ~te~y. 'Thatil~ ~+nu for yc~u assista~ee wig this l C -~iT~ Resid~ts bogan moving i~o the new S~ior anig in October and the is now ~PP~~~"~e~ T'fl~a multi-family building<is sued far ;cta at ~ .oaf May, withr~idants nwving in around ~u~e ;`;)- 15~'. T'~e firms ~ ah~ rede~ely , ~e tn~hon~s, will `' sa~eti~e in la#e ~. As - soca~r they a~ sut~titted, gloms wlil °be k fbc vievvi~g off; the c~ty`~[.. ~rebsite. I . '~' hours ~ frosi' 7:a8 a.Fri:'to 7al~.p ~.,~l~w, if is amici;ed work will not auntinue past d~ n~soa~l't are. to~ be ~i ~vvr~-ta, t~ for h~a been ruched to use vva~er to davit ~ ~ .mi~~iu'rt if ~eedtxl 5'tre;will ~ whets necessary in o tcxkre~;dust, raud aid a~deims to a mini~-um. ~,cierson ~ ~ their dri~rers' sui~contraclots to uae Vim` Avenue fvt ticcess to ~sifie, n tea he focal s atrciund tta~ site.... ., We`want to hear- ft~ you~durin~g trt>etiai~t if you have gt~stions, cc>acerns or complaints; H Wigton, City of Fsdcun H~Sh~: 651/792-7b11 or a-mail at h~io~iii~tg~sn(~Ciiskoe- ~~~ ~ ,; ~~ ~~e ~ s ~ a ~s~~r ~..~~rn ~v tQ ~~~,~~ ~t~u~sel f , ~QU r homy and ~r n+e.ghbarbo~~d. Be~COr~ a CE~~` vol~nte~~! Gars ~u# ?~+~ hours ~f ~rouif ime c~vear 8 w~aelcs. W-s vp~p crrer~ yov+~ ilr~s Ta educe hazards tyre e~mergarrc#es hopper • To pond #o erges atf+er ~h*jr ~xpp~rn f Wh-~a~di~sters hopper - whethernoturoi or rnssde -- loom emergOn~cy responders moY avesv3ir~aed for a period of titre prr~i ur~ok~de tq dssis# everyone... Woc~dn"t you feel be#ter knowing you have ,ofi,tha s needed to sustain your farnity anti your naighborh©od durtn®. that ~ r~c~ tie when professionc~i resp4t~ders f~`t C]V'.t]~DtJI~'~ Wvutd you like more to do ttran just ~ dtr~t type qnd plastic wrop~ Then this course is your Sse~~ othK s ~ this Ayer for da#ct~. CEi` Tra ~ ng Thue~~+ ~it++e~t~ ~ngts , 6 ~ X3-8 c 3fl. p ~, * - 8 weeks b~ine~ing Macy 5, 2t~5 f~ to residii~rtts of F~icorr :Nights end tsWC~ei~dele, age.. 12 or a~~er Cast : ,;:~ 15.Op Cell 651-]~~lZ--Tfi~ `~cr riser Offered by tip City of I~slcon Ne~h°ts