HomeMy WebLinkAboutPCAgenda_03Nov25City of Falcon Heights
Planning Commission
• City Hall
2077 W. Larpenteur Avenue
Tuesday, November 25, 2003
7:00 p.m.
AGENDA
A. CALL TO ORDER: 7 p.m.
B. ROLL CALL: Tracy Lukermann Harris Lageson
Maher Heideman DeLeo Ryan
Ziebarth Council Liaison Lindstrom
City Administrator Worthington Staff Liaison Jones
•
C. APPROVAL OF MINUTES: October 28, 2003
D. AGENDA ITEMS
1. Discussion: Parking on Garden Avenue in Falcon Woods, Revisited
D. INFORMATION AND ANNOUNCEMENTS
E. ADJOURN TO WORKSHOP
F. WORKSHOP: Falcon Heights City Code, Chapter 9
•
Planning Commission agenda 112503.doc
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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 November 25
Date: November 21, 2003
We have one agenda item for the regular meeting of the Planning Commission this coming
Tuesday, November 25. We will revisit the issue of parking on Garden Avenue in the Falcon
Woods neighborhood, as directed by a motion passed at your May meeting. A staff report is
• enclosed, and I would like to direct your attention also to the copy of the Mayor's letter you
received last month. This is an information and discussion item; Staff does not expect any
specific action. Please contact me before the meeting if you have had some feedback on this that
may not have come to our attention on the Staff, or if there are some new parking issues in that
neighborhood that we are not yet aware of.
In the Information and Announcement portion of the meeting, Commissioner Lindstrom or I will
give you a verbal update on the Farmer's Market.
We will adjourn to a workshop as we have done the last two months. Acknowledging that your
meeting is only two days before Thanksgiving, and it is a busy time for us all, I will let you all be
the guide to duration of the workshop portion of the meeting.
In October the discussion started to go into some substantial issues of zoning and provided a lot
of food for thought. A summary of that discussion is enclosed. The Commission will surely have
more to say on the points that were raised, and I'm sure you've all thought of additional issues that
need to be noted for future code revisions. I've enclosed another portion of Chapter 9 for your
reading, thinking and note-taking. If you have come across any material you would like to have
copied for the other Commissioners, or any helpful Web links to share, please let me know by the
end of work on Monday.
And, as always, if you are unable to attend the meeting, please notify Staff. Thank you!
•
City of Falcon Heights
Planning Commission Minutes
September 23, 2003
Chair Tom Lageson called the meeting to order at 7:04 p.m.
PRESENT: Commissioners Tracy, Lageson, Lukermann, Ryan, Maher, DeLeo, Council MemhPr
Lindstrom. Also present was Staff Liaison Deb Jones.
ABSENT: Ziebarth, Harris, Heideman ~~~
~z
The minutes of the September 23, 2003, meeting were approved. s'
INFORMATION AND ANNOUNCEMENTS ~~
Staff Liaison Jones said that the City is trying some alternate methods of disc~u~u~~,~~ excessive
parking by University of Minnesota students and staff on Garden Avenue in Falcon Woods. Mayor
Gehrz had written a letter which was made available to residents to place on the windshields of cars.
The letter asks non-resident car owners to vary their parking pattern so as not to inconvenience
individual residents and to consider other parking solutions. One such solution is an offer by Twin
City Co-op to rent parking space by the month at a very reasonable rate. The Mayor has spent quite a
lot of time in the neighborhood recently and said to Staff that she does not see bumper-to-bumper
parking taking up the whole street. Ms. Jones said she did not know if the curve had been posted for
restricted parking, as has been discussed; she will find out. The Commission will revisit parking on
Garden as a regular agenda item in November.
The groundbreaking ceremony for the SE Corner is tomorrow, October 29, at 3:00 p.m. Planning
Commissioners are invited to attend. Ms. Jones said residents are encouraged to walk to the site, if
possible, because parking will be limited. Entry is on the Arona Street side. Demolition began on
October 13 and has taken longer than expected because there was more refuse left in the building than
expected and the materials are being sorted for recycling. Also, the old shopping center is proving to
have extraordinarily tough construction, according to the contractor. Commission Lageson said he
heard from a resident who was distressed about the amount of dust being raised by the demolition.
The site should be watered down to reduce the amount of dust. Ms. Jones said she would
communicate that concern to the City Administrator.
Commissioners were polled for their availability to form a quorum in November and December. A
quorum being able to attend in November, that meeting will be held on the usual date, Tuesday,
November 25. However, the December meeting, scheduled for December 23, will be cancelled by
consensus.
ADJOURNMENT
The meeting was adjourned at 7:15 p.m. to a workshop on the zoning code.
Respectfully submitted,
Deborah Jones, Staff Liaison
•
City of Falcon Heights -Planning Commission Meeting of October 28, 2003 -Page 1 of 1
• City of Falcon Heights Planning Commission
Workshop Notes -October 28, 2003
Present: Commissioners Lageson, DeLeo, Lukermann, Maher, Ryan, Tracy, Council Member
Lindstrom, Staff Liaison Jones.
The workshop commenced at approximately 7:18 p.m.
Summary: Commissioners are reading and discussing the City's zoning code in preparation for a
revision expected next year. This evening's discussion revolved around restrictions imposed on
residents by provisions such as setback, height limits and lot coverage. Why do we have these
restriction? And are the Falcon Heights rules reasonable, looking into the future? How should
we adjust to increasing population in the Metro area, scarcity of land, and evolving needs of
residents and businesses?
Discussion:
Commissioner DeLeo began the discussion by bringing up the height restrictions that exist in
every zone. He said he was reading the code with an eye to the next ten to fifteen years, in
context of the future development of the entire metro area. What will be the impact of all
additional population expected. In fully-developed communities such as ours, there is only one
direction to build: up! Therefore, he wonders if we shouldn't think about our height restrictions.
Perhaps some study is needed. Could our infrastructure - streets, water, storm sewers -
handle this change? One thing he wouldn't want is to recommend something that would change
• the character of the town. Would allowing an additional story be too much of a change to our
neighborhoods?
Commissioner Lageson said he had talked to a resident, an architect, who told him that it wasn't
possible to modify the character of a home without undue restrictions imposed by the City. There
should be a clause in the code for preserving "architectural integrity." Commissioner Tracy asked
how our setback requirements unduly restrict people. Jones pointed out that the home in question
was the one that initiated the Commission's lengthy study on lot coverage in 2002, which resulted
in an amendment to the code. That particular project "pushed the envelope" of zoning and
aroused much concern among neighbors. It significantly exceeds the lot coverage now allowed.
De Leo said he would not like to see the Commission back off on the 20021ot coverage work.
The height issue is really acity-wide concern, not just in R-1. Tracy asked how tall is the T.I.E.S.
building; what if someone wants to redevelop, say, the northwest corner of Snelling and
Larpenteur and wants to exceed existing height limit? The B-3 height limit will be exceeded in
the new Town Square development on the SE Corner. In response to a question from
Commissioner Lukermann, Jones said that the SE Corner was rezoned as a PUD; it is not an
overlay. Lukermann suggested there may be room for adjustment of height restrictions in B-3.
Commissioner Maher said we should make sure our zoning limitations are there for a good
reason. People are not moving; they are remodeling, trying to find more living space on the
property they have. We must consider individual properties and allow people to get variances.
Tracy pointed out that we do grant variances when the need is clear and the case is exceptional,
citing the example of the garage on Summer Street last year, which worked out very well.
•
Falcon Heights Planning Commission Workship, October 28, 2003 Page 1 of 2
Commissioner Ryan said there are two pieces to architectural integrity. Zoning is one; the other
is the building code. The "hard trade off' is that, while people want the size now, it may not be
so desirable later; prices may start to go down. He also raised the question of how the City would
handle cases where people combine lots, tear down existing houses and build new, larger homes.
It is not an unreasonable scenario, considering the advantageous location of Falcon Heights; it has
happened in other municipalities.
Commissioner Lukermann suggested that Falcon Heights needs to have a site plan review. Jones
stressed that we do indeed require site plan review for every project that is affected by zoning;
what we do not have is design review. Some communities do have this, as well as various levels
of restriction on esthetics. Opening that "can of worms" could add considerably to the workload
for Commissioners and Staff, as well as costs. It was mentioned that the University Grove and
townhome associations within the City do impose design restrictions, but these are not part of the
City Code.
Commissioner Ryan said that although we've had complaints about garage heights (i.e. on
neighbors' garages), we all need more storage space. What each of us wants individually may not
be palatable to neighbors; a balance is needed. He also pointed out that when you buy a piece of
property, it comes with rules. You also buy those rules; it is a choice you make when you buy.
But "sooner or later everything wears out and needs to be replaced" -whether it is a garage or
code provision.
Commissioner Lukermann asked about the rationale for the 5000 square foot size restriction in
the B-1 zone. Was this set up to recognize the existing pattern on these properties, or was it
intended to restrict future development? Maher stressed the need to be consistent. The
discussion turned in general to the code for B-1, and commissioners pointed out several areas that
may be in need of updating.
• SIC definitions: Are they still in use, or have they been replaced?
• Public telephone booths (9-8.01, subdivision 4.e): Is this provision still necessary in the cell
phone era?
• Sidewalk sales: Is the restriction reasonable? Does it restrict outdoor seating? (Answer: no)
The workshop was adjourned at approximately 8:35 p.m.
C~
Falcon Heights Planning Commission Workship, October 28, 2003 Page 2 of 2
• Planning Commission
11/25/03
Item 1
ITEM: Revisitation of Parking Issues on Garden Avenue in Falcon Woods
SUBMITTED BY: Deb Jones, Zoning & Planning Coordinator
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Last spring, the Planning Commission held a hearing to consider a petition
for permit parking on that portion of Garden Avenue that is in the Falcon Woods
neighborhood north of City Hall. Residents were concerned about an increase in non-
resident parking on the street, mostly University of Minnesota students and staff.
Following the public hearing, the Commission voted not to recommend that the City
Council authorize permit parking on Garden. The Commission also passed a motion to
direct Staff to look into other options and follow up in six months.
In the intervening half year, the City has continued to monitor parking on Garden Avenue
and several alternatives have been tried.
• Letters from the Mayor were placed on the windshields of parked cars, alerting the
drivers to the possibility of parking restrictions and asking them to vary their parking.
Commissioners previously received a copy of this letter.
• Twin City Co-op has made space available in its parking lot for a reasonable fee. It is
not known how many UM drivers have taken advantage of this opportunity.
• A major campus construction project is winding up, restoring access to parking that
had been unavailable for some months.
Although the City has not kept a formal parking log since the beginning of the fall
semester, several Staff members have made a point of observing parking on Garden two
or three times a week between mid-morning and mid-afternoon, the peak time for
parking.
• In general, no increase in non-resident parking on Garden has been observed. If
anything, it seems to have decreased slightly since September, compared to last
spring.
• However, there are still cars parked near the footpath every weekday, usually 2 to 4
vehicles. It is assumed these belong to non-residents.
• At no time have Staff seen so many cars parked that street parking was unavailable to
residents and their visitors.
• Staff is still studying the issue of restricted parking signage on the curves.
Staff Report: Parking on Garden 2 November 25, 2003 Page 1 of 2
In conclusion, Staff do not recommend a reconsideration of permit parking on
Garden Avenue in Falcon Woods. Non-resident parking does not seem to have
increased during the fall semester and may have decreased slightly. The measures that
have been tried, and the changes to traffic and parking on campus, seem to have
alleviated the problem. Residents must expect that a public street will have some use by
non-residents. Staff will continue to monitor the situation.
ACTION REQUESTED: None
•
•
Staff Report: Parking on Garden 2 November 25, 2003 Page 2 of 2
a PLANNING & DEVELOPMENT 9-14.01
PART 14. DESIGN AND PERFORMANCE STANDARDS
9-14.01 Design and Performance Standards
Subdivision 1. Minimum Standards. All uses, buildings, and structures permitted
pursuant to this Chapter shall conform to the performance and design standards set forth
in this section; said standards are determined to be the minimum standards necessary to
comply with the intent and purposes of this Chapter as set forth in this section.
Subdivision 2. The Principal Building.
a. Except as provided by a conditional use permit issued pursuant to this Chapter,
there shall be no more than one (1) principal building on any one (1) lot or parcel
of land.
b. Certain Dwelling Units Prohibited. No cellar, garage, recreational vehicle or
trailer, basement with unfinished exterior above or accessory building shall be
used at any time as a dwelling unit.
• c. Principal buildings with more than one (1) use, in which one (1) of those uses
is a dwelling unit, shall require a conditional use permit.
d. All principal buildings hereafter erected on unplatted land shall be so placed as
to avoid obstruction of future street or utility extensions and shall be so placed as
to permit reasonably anticipated future subdivisions and land use.
e. All principal buildings shall meet or exceed the minimum standards of the
Minnesota State Building Code, the Minnesota State Uniform Fire Code, the
Minnesota Department of Health, the Minnesota Pollution Control Agency, and
the WPC 40 On-Site Sewage Treatment Ordinance. The keeping of animals
except for domesticated pets inside of the dwelling unit shall be prohibited.
Subdivision 3. Exterior Storage. (All existing uses shall comply with this standard by
January 1,1987).
a. In all districts, all personal property shall be stored within a building or be fully
screened so as not to be visible from adjoining properties and public streets,
except for the following:
1. Laundry drying and playground equipment.
• 1
2. Construction and landscaping materials and equipment currently (for a
period not greater than twelve (12) months) being used on the premises.
3. Garden equipment and materials if these are used or intended for use on
the premises.
4. Off-street parking of licensed passenger automobiles and pick-up
trucks.
5. Boats and unoccupied trailers, less than twenty-five (25) feet in length,
are permissible if stored in the rear yard more than ten (10) feet from any
property line.
b. In non-residential districts, exterior storage of personal property may be
permitted by variance provided any such property is so stored for purposes related
to a use of the property permitted by this chapter and will not be contrary to the
intent and purpose of this chapter.
c. In all districts, all waste, refuse or garbage shall be kept in an enclosed building
or properly contained in a closed container designed for such purposes. The
owner of vacant land shall be responsible for keeping such land free of refuse and
• weeds. Existing uses shall comply with this provision within ninety (90) days
following effective date of this chapter.
d. All exterior storage not included as a permitted accessory use, a permitted use,
or included as part of a variance, or otherwise permitted by provisions of this
Chapter, shall be considered as refuse.
Subdivision 4. Environmental Pollution. (All existing uses shall comply with this
standard by January 1,1989).
a. All uses, buildings, and structures shall conform to the regulations of the
Minnesota Pollution Control Agency relating to air, water, noise and solid waste.
Regardless of the source, the City Council may take such action as is necessary to
abate foul odors.
b. Tributary Pollution. No use shall be permitted which will cause or result in
the pollution of any tributary to any lake, stream or other body of water.
c. Chemical insecticides or herbicides shall be stored, handled and utilized as per
the standards set forth by the Minnesota Pollution Control Agency.
Subdivision 5. Screening. (All existing uses shall comply with this standard by January
• 2
• 1,1989).
a. Screemng shall be required in residential zones where:
1. Any off-street parking area contains more than four (4) parking spaces
and is within thirty (30) feet of residential zone; and
2. Where the driveway to a parking area of more than six (6) parking
spaces is within five (5) feet of an adjoining residential use or zone.
b. Where any business or industrial use (structure, parking or storage) is adjacent
to property zoned for residential use, that business or industry shall provide
screening along the boundary of the residential property. Screening shall also be
provided where a business, parking lot, or industry is across the street from a
residential zone, but not on the side of a business or industry considered to be the
front.
c. All exterior storage shall be screened. The exceptions are:
1. Merchandise being displayed for sale;
2. Materials and equipment currently used for construction on the
• premises;
3. Merchandise located on service station pump islands.
d. The screening required in this section shall consist of earth mounds, berms, or
ground forms; fences and walls; landscaping (plant materials) or landscaped
fixtures (such as timbers) used in combination or singularly so as to block direct
visual access to an object.
e. Required screening shall be as approved by the city council. Existing land uses
may be required to install screening if so ordered by the city council following
public hearing.
Subdivision 6. 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
• 3
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.
Subdivision 7. Reasonable Maintenance and Repairs Re uired. In all districts, all
structures, landscaping and fences shall be reasonably maintained and kept in a good state
of repair so as to avoid health or safety hazards and prevent a degradation in the value of
adjacent property.
Subdivision 8. Liahtina, Liahtin~ Fixtures and Glare (all existing uses shall comply by
1/1/89 .
a. In all districts, any lighting used to illuminate an off-street parking area, or
other structure or area, shall be arranged as to deflect light away from any
adjoining residential zone or from the public streets. Direct or sky-reflected glare,
whether from floodlights or from high temperature processes such as combustion
or welding shall not be directed into any adjoining property. The source of light
shall be hooded or controlled so as not to light adjacent property. Bare light bulbs
shall not be permitted in view of adjacent property or public right-of--way. No
light or combination of lights which cast light on a public street shall exceed two
(2) foot candle meter reading as measured from the centerline of said street nor
shall any light or combination of lights which cast light on residential property
• exceed 0.5 (1/2) foot candles.
b. Lighting standards shall not exceed twenty-five (25) feet or the height of the
principal building on a lot, without a conditional use permit.
c. Also see Parking and Sign Regulations in this Chapter.
Subdivision 9. Traffic Control.
a. The traffic generated by any use shall be controlled so as to prevent:
1. congestion of the public streets;
2. traffic hazards; and
3. excessive traffic through residential areas, particularly truck traffic.
b. Internal traffic shall be so regulated as to ensure its safe and orderly flow.
Traffic into and out of business areas shall in all cases be forward moving with no
backing into streets.
c. On any corner lot, nothing shall be placed or allowed to grow in such manner
• 4
• as to impede vision between a height of two and one-half (2-1/2) and ten (10) feet
above the centerline grades of the intersecting streets within fifteen (15) feet of the
intersecting street right-of--way lines. This restriction shall also apply to the
planting of crops and to yard grades that result in elevations that impede vision
within fifteen (15) feet of any intersecting street right-of--way lines.
d. Minimum distance for access drives from corner shall be no closer than twenty
(20) feet from intersecting street right of way lines.
Subdivision 10. Storage of Hazardous Materials and Explosives. (All existing uses shall
comply with this standard by 1/1/89)
a. Bulk Storage (liquids All uses associated with the bulk storage of over two
thousand (2,000) gallons of oil, gasoline, liquid fertilizer, chemicals and similar
liquids shall require a conditional use permit in order that the Zoning
Administrator may have assurance that fire, explosion, water or soil
contamination hazards are not present that would be detrimental to the public
health, safety and general welfare. All existing, above ground liquid storage tanks
having a capacity in excess of two thousand (2,000) gallons shall secure a
conditional use permit within twelve (12) months following enactment of this
Chapter; the Zoning Administrator shall require the development of diking around
said tanks, suitably sealed to hold a leakage capacity equal to one hundred fifteen
• percent (115%) of the tank capacity. Any existing storage tank that, in the
opinion of the Planning Commission, constitutes a hazard to the public safety
shall discontinue operations within five (5) years following enactment of this
Chapter.
b. No activities involving the commercial storage, use or manufacture of
materials or products which could decompose by detonation shall be permitted
except such as are specifically permitted by the City Council. Such materials
shall include but not be confined to all primary explosives such as lead azide and
mercury fulminate, all high explosives and boosters such as TNT, tetryl and
nitrates, propellants and components thereof such as nitrocellulose, black powder
and nitroglycerine, blasting explosives such as dynamite, and nuclear fuel and
reactor elements such as uranium 235 and plutonium. Explosives shall include
grain storage and other dust sources.
Subdivision 11. Fall-Out Shelters. Fall-out shelters maybe permitted in any district,
subject to the yard regulations of the district. Such shelters may contain or be contained
in other structures or be constructed separately, and in addition to shelter use, may be
used for any use permitted in the district, subject to the district regulations on such use.
A certificate of compliance for these and similar structures shall be required.
Subdivision 12. Guest Houses.
• 5
. a. Guest houses for the purpose of this Section shall be an accessory building
detached from the principal building with temporary accommodations for
sleeping, but having no kitchen facility. It is intended for the use of persons
visiting the occupants of the principal structure.
b. Guest houses may be permitted as a conditional use in all residential districts
and shall conform to all requirements of this code and other regulations applicable
to residential dwellings including setback and yard requirements in relation to the
principal structure.
c. All guest houses shall have designated off-street parking spaces.
Subdivision 13. Dwelling Units in Commercial Industrial Districts.
a. Dwelling units for watchman and family shall be considered as accessory uses
and shall conform to all applicable regulations for the district in which located,
except as herein modified.
b. A dwelling unit in the commercial district located in a commercial structure
shall not occupy the basement or the front half of the ground floor.
c. A dwelling unit in a commercial or industrial building shall not contain more
. than one (1) bedroom unless said building is part of a planned unit
development.
d. No dwelling unit shall be permitted in a business district except as part of a
planned unit development.
e. A dwelling unit which is a part of the principal building shall be provided with
two (2) exits.
f. All buildings shall conform to the building code and applicable fire codes.
g. Residential use shall not be permitted on the ground floor of any building in
the "B-2" District.
Subdivision 14. Coin Operated Machines. Coin operated automatic machines
dispensing food, soft drinks and other food and materials shall not be permitted outside of
a building.
Subdivision 15. Swimming Pools. (Definition No. 164) Private swimming pools as
regulated by this section are defined as any enclosure designed, intended or used for the
containment of water, whether constructed above ground level or below ground level and
in excess of 18 inches in depth or 100 square feet of surface area which is designed,
intended or used for swimming, wading or other recreational use by the owner, family,
guest or guests of the property owner without payment of a fee.
A. Permit Required.
1. Permit. No swimming pool shall be constructed, excavated or established in
the city without first obtaining a building permit. Revised 9/15/93
2. Application. An application for permit shall be submitted to the building
inspector which includes the type and size of the pool, together with a site plan
containing the following information:
a. Complete plans and specifications for the construction of the pool.
b. A site plan showing the location of all existing structures on the lot
including house, garage, fences; location of existing underground or
overhead wiring, utility easements, trees and similar other significant
improvements or natural features; location of structures on adjacent lots.
• c. The proposed location of pumps, filters, wiring, electrical sources,
protective fencing, back flush and drainage outlets, grading plans and
finish elevation around the pool.
3. Inspection. All wiring, installation of heating units, grading, installation of
pipe, or other construction shall be subject to inspection and shall conform tc
the state building code.
B. Minimum Setback Requirements.
1. Setback to Utility Lines. No pool shall be located within ten (10) feet
(measured horizontally) of underground or overhead utility lines of all types.
2. Easements. No pool shall be located within any private or public utility,
drainage, walkway or other easement.
3. Special Rules for Pools in Single Family Residential Districts.
a. Rear Yard Setback. No pool shall be located within eight (8) feet of
any rear lot line.
b. Side Yard Setback. No pool shall be located within five (5) feet of any
side lot line.
c. Front Yard Setback. No pool shall be located within five (5) feet of any
required front yard.
d. Setback to Existing Structures. No pool shall be located within six (6)
feet of any principal structure or footing.
e. Setback Requirements for Pool Equipment. No pool filter unit, pump,
heating unit and/or any other noise making mechanical equipment shall be
located within twenty-five (25) feet of any residential structure on adjacent
property and not closer than eight (8) feet to any lotline.
4. Special Rules for Pools in Two Family Residential Districts or Multiple
Family Residential Districts. Private swimming pools intended for and used by
occupants and guests of occupants of multiple family dwellings shall adhere to the
following regulations:
a. No part of the water surface of the swimming pool shall be closer than
fifty (50) feet to any lot line.
U
b. No pumps, filter, or other apparatus used in connection with the pool
shall be located closer than fifty (50) feet to any lot line.
C. Miscellaneous Requirements.
1. Liability. All pools shall be so constructed as to avoid hazard, damage or
considerable inconvenience to adjacent property owners or property. The
property owner shall be liable for damages to any business or private property
caused during pool construction.
2. Drainage. All back flushing or pool drainage water shall be directed on top the
owner's property or onto approved public drainage ways, and shall not drain onto
adjacent private land. Drainage onto public streets or other public drainage ways
shall require a conditional use permit.
3. Lighting. Any pool lighting above ground shall be directed toward the pool
and not toward adjacent property.
4. Filling of the Pool. Filling of pools from fire hydrants or other public facilities
shall require the permission of the appropriate city officials.
n
U
• D. Protective Fencing.
1. Height. Pools shall be completely enclosed with four (4) foot fencing which
shall effectively prevent the entrance of children and be without external hand or
foot holds that would enable a child to climb over it. Chain link fence may be
used. Fencing of above ground pools shall not be required if the pool sides meet
the fence stipulations above and it is provided with a removable ladder.
2. Gates and Latches. The fence openings shall be equipped with self-closing
gates and self-latching devices. All the openings shall be inaccessible to
small children and at least four (4) feet from ground level. In the alternative, the
perimeter of the yard, including driveway entrance, may be fenced and enclosed.
The opening between the bottom of the fence and gates and the ground shall be no
more than four (4) inches.
3. Posts. All fence posts shall be placed no further than eight (8) feet apart and be
of decay or corrosion resistant materials and shall be set in concrete bases or other
suitable method.
4. Construction Fence. No person shall fill or cause to be filled a newly
constructed pool or a pool under construction with water to a depth of more than
eighteen (18) inches until the building inspector authorizes the filling of the pool
with water. Such authorization shall be withheld until, as a minimum, the
permittee has completely enclosed the swimming pool with a construction fence.
This requirement does not apply to above ground pools if the walls are at least
four (4) feet above grade. Said construction shall be:
a. snow fence or similar design and securely anchored in place.
b. constructed with its base flush to the ground.
c. At least four (4) feet in height and have supportive posts placed no
more than eight (8)feet apart.
d. In place until a permanent fence completely enclosing the pool is
installed to the specifications identified above and said fence is approved
by the building inspector. Said installation and approval shall be achieved
no later than ten (10) days after the building inspector authorized the filling
of the pool.
E. General Provisions.
1. Accessory Buildings. Unless included within the swimming pool permit, a
separate building permit shall be required for any pump house, filter house, pool
• 9
• enclosure or any other structure erected in conjunction with a swimming pool.
Such structures shall conform to all provisions of the building code. Such
structures shall also conform to the setback requirements set forth in Section
9-14.02 (B) above.
2. Alterations. All changes, alterations or improvements made to swimming
pools or accessory structures other than routine maintenance shall require a
permit.
Subdivision 16. Service Stations.
a. Before a permit for a service station is granted, the minimum requirements of
the zoning district in which the service station is to be located shall be met.
b. A drainage system, subject to approval by the City Engineer, shall be installed.
The entire site other than that taken up by a structure or planting, shall be
surfaced with concrete or other material approved by the Zoning Administrator.
Pump islands shall not be placed in the required yards. A box curb not less than
six (6) inches above grade shall separate the public right-of--way from the motor
vehicle service areas, except at approved entrances and exits. No driveways at a
property line shall be less than fifty (50) feet from the intersection of two (2)
street right-of--way lines. Each service station shall have at least two (2)
• driveways with a minimum distance of one hundred seventy (170) feet between
centerlines when located on the street.
c. No vehicles shall be parked on the premises other than those utilized by
employees or awaiting service. No vehicle shall be parked or be awaiting service
longer than fifteen (15) days. Existing service stations shall comply with this
requirement within forty-five (45) days of the effective date of this chapter.
d. Exterior storage besides vehicles shall be limited to service equipment and
items offered for sale on pump islands; exterior storage of items offered for sale
shall be within yard setback requirements and shall be located in containers such
as the racks, metal trays, and similar structures designed to display merchandise.
Existing service stations shall comply with this requirement within three (3)
months of the effective date of this chapter.
e. All areas utilized for the storage, disposal of debris, discarded parts and similar
items shall be fully screened. All structures and grounds shall be maintained in an
orderly, clean and safe manner. Existing service stations shall comply with this
requirement within nine (9) months of the effective date of this Chapter.
f. Business activities not listed in the definition of service stations in this Chapter
are not permitted on the premises of a service station unless a conditional use
10
• permit is obtained specifically for such business. Such activities include but are
not limited to the following:
1. automobile and truck wash;
2. rental of vehicles, equipment, or trailers; and
3. general automobile retail sales.
Subdivision 17. Drainage.
a. No land shall be developed or altered and no use shall be permitted that results
in surface water run-off causing unreasonable flooding, erosion or deposit of
minerals on adjacent properties or waterbodies. Such run-off shall be properly
channeled into a storm drain, a natural water course or drainageway, a ponding
area or other public facility.
b. The Zoning Administrator, upon inspection of any site which has created
drainage problems or could create drainage problems with proposed new
development, may require the owner of said site or contractor to complete a
grading plan and apply for a grading permit.
c. The owner or contractor of any natural drainage improvement or alteration may
• be required by the zoning administrator to obtain recommendations from the
Minnesota Department of Natural Resources, the Soil Conservation Agent, the
affected Watershed district(s), and/or the community engineer(s), as well as
obtaining a local grading permit.
d. On any slope in excess of thirteen percent (13%) where, in the opinion of the
zoning administrator, the natural drainage pattern may be disturbed or altered, the
zoning administrator may require the applicant to submit both a grading plan and
a soil conservation plan prior to applying for a building permit.
Subdivision 18. Access Drives and Access
a. Access drives may not be placed closer than five (5) feet to any side or rear lot
line. No access drive shall be closer than three (3) feet to any single or two family
residence, no closer than five (5) feet to any multiple family building or
commercial building. The number and types of access drives onto major streets
may be controlled and limited in the interests of public safety and efficient traffic
flow.
b. Access drives onto major roads or any alley shall require an access permit from
the Zoning Administrator. This permit shall be acquired prior to the issuance of
any building permits. The zoning administrator shall determine the appropriate
11
• location, size and design of such access drives and may limit the number of access
drives in the interest of public safety and efficient traffic flow. The zoning
administrator may refer the request for an access drive permit onto a road to the
planning commission for their comments.
c. Driveway/Accesswa~gn and Construction Standards.
1. For all driveways (resurfaced, reconfigured, reconstructed, relocated,
new)
(a) Surfacing. All driveways and off-street parking areas shall be
permanently surfaced with either concrete or asphalt or
impervious decorative pavement such as brick between the street
and garage. (This does not require the resurfacing of existing
driveways with parallel tracks into one contiguous surface.)
(b) Pavement Depth. The minimum pavement thickness for
asphalt driveways shall be two inches (2") of bituminous
surfacing on four inches (4") of aggregate base. The minimum
pavement thickness for concrete driveways shall be three and one-
half inches (3 1/2") of concrete for R-1 and R-2 structures and six
inches (6") of concrete for multi-family and commercial buildings.
Two inches (2") of aggregate base is required for all concrete
driveways.
(c) Slope. The minimum driveway slope as measured from the
edge of the street to the right-of--way line, shall be 1% and the
maximum driveway slope shall be 10%.
(d) Sidewalk. In areas where sidewalks currently exist, all new or
reconstructed driveways shall require 6" deep concrete sidewalk
to be constructed to match the existing sidewalk width, when the
existing sidewalk is affected by the permanent change.
2. For new, reconfigured and relocated driveways:
(a) Curb/Gutter. All new driveways connecting to existing
concrete curb and gutter section shall be constructed with a five
foot (5') radius. The existing concrete curb and gutter at the
driveway opening shall be removed from the nearest joints to the
driveway location. Saw cutting of the existing curb will not be
allowed. Concrete gutter shall be placed through the driveway
opening to properly drain the street. Expansion joint material shall
be placed at the curb, sidewalk (if applicable) and right-of--way line
as part of the driveway construction.
• 12
• (b) ~ The minimum driveway angle to the street, at the
driveway opening, shall be 60 degrees.
(c) Setbacks.
(1) Driveways must be at least five feet (5') from any rear
or side lot line, except when a garage is being replaced at a
side yard setback of less than five feet under the conditions
of Section 9-2.04 subd. l (c) (2). Under this circumstance,
the driveway may be extended at an interior side yard
setback of less than five feet, provided that the new
driveway does not encroach further into the side setback
than the existing driveway. In no case may the new
driveway be set back less than two feet from the interior
side lot line.
(2) Driveways must meet the corner sideyard setback
requirements for garages in Section 9-2.04[1] (c) of the
code.
(3) Driveways shall not be closer than three feet (3') to any
single or two family residence or five feet (5')to any
multiple family building or commercial building.
(d) Openings.
(1) Driveway openings shall be a minimum of five feet (5')
from the sideyard property line.
(2) The minimum distance between driveway openings on
the same lot shall be 25 feet (25') where two openings are
allowed in the zoning code. (Amended 6/19/91, Ordinance
0-91-10)
d. All lots or parcels shall have direct adequate physical access for emergency
vehicles along the frontage of the lot or parcel from either an existing dedicated
public roadway, or an existing private roadway approved by the Planning
Commission.
e. Access drives shall not be closer than 20 feet to a corner.
f. A driveway access permit to a public road shall be secured from the public
agency with jurisdiction and maintenance responsibilities over the road, prior to
the issuance of a building permit.
• 13
Subdivision 19. Tennis Courts.
a. In all districts, the following standards shall apply:
1. A conditional use permit shall be required for all public, semi-public
and commercial tennis courts.
2. An application for a conditional use permit shall include a site plan
showing:
The size, shape and pavement and sub-pavement materials, the location of
the court, the location of the house, garage, fencing, septic systems and
any other structural improvements on the lot, the locations of structures on
all adjacent lots, a grading plan showing all revised drainage patterns and
finished elevations at the four corners of the court, landscaping and turf
protection around the court, location of existing and proposed wiring and
lighting facilities.
3. Tennis courts shall not be located closer than ten (10) feet on any side
or rear lot line. Tennis courts shall not be located within any required front
yard.
4. Tennis courts shall not be located over underground utility lines of any
type, nor shall any court be located within any private or public utility,
walkway, drainage or other easement.
5. Solid tennis court practice walls shall not exceed ten (10) feet in height.
A building permit shall be required for said walls. Said walls shall be
setback a minimum of thirty (30) feet from any lot line.
6. Chain link fencing surrounding the tennis court may extend up to ten
(10) feet in height above the tennis court surface elevation.
Subdivision 20. Vegetation Cutting.
a. For purposes of this Chapter, the following definitions are made.
1. "Clear cutting" shall be defined as removal of all live vegetation in
excess of six (6) inches in diameter at four (4) feet of height on any area of
twenty thousand (20,000) square feet or more in size.
2. "Selective cutting" shall be defined as the removal of single scattered
live trees or shrubs in excess of six (6) inches in diameter at four (4) feet
• 14
of height.
b. Clear cutting of vegetation shall not be permitted within any required yard of
any lot or parcel within any zoning use district except as may be approved by the
zoning administrator.
c. Clear cutting for commercial tree production purposes shall require a certificate
of compliance.
d. Selective tree cutting may occur on any lot provided:
1. Any cutting on slopes of greater than eighteen percent (18%) shall
require a Soil Conservation District re-vegetation plan prior to issuance of
a building permit.
Subdivision 21. Building Permits and Visual Standards.
a. It is hereby affirmed as essential public policy that the appearance of the City
is a proper matter for public concern, and that all open spaces, buildings, signs,
plantings and surfaces which may be seen from the public ways are subject to
regulation and the provisions of this Chapter.
• b. Before construction may begin and before a permit is issued for any building,
structure or land use other than aone-family, detached dwelling home, a
complete set of plans shall be submitted to the Zoning Administrator including lot
size, building location, drives, parking, loading areas, storage, utilities, fences,
sidewalks, screening, landscaping, exterior elevation of the proposed building,
and such other information as may be required or requested.
c. The Zoning Administrator may, in any case, submit said plans for review by
the Planning Commission and may refuse to issue construction permits if the
development design is deemed incompatible with adjacent and nearby land uses
and development and/or not meeting the general standards for appearance
established by existing development throughout the City of Falcon Heights.
Subdivision 22. Quasi-Public Structures. No quasi-public structure shall be located
within the public right-of--way except by conditional use permit. Such structures shall
include trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light
standards, stairs, light wells, loading well, church directional signs, bus stop shelters and
similar uses including vehicle parking.
Subdivision 23. Relocated Structures. No building, accessory building, or other major
structure shall be relocated to a site within or from without the City of Falcon Heights
• 15
without a permit. In the case of buildings, advice may be requested from the Planning
Commission as to appearance, use conformity, and other considerations. (Ref: 9-2.02,
Subdivision 10)
Subdivision 24. Home Occu ations.
a. Pu ose. The purpose of this subdivision is to define and regulate home
occupations so as to permit only those home occupations that are compatible with
other permitted uses and with the residential character of neighborhoods. An
additional purpose of this section is to protect health, safety, and general welfare
of the surrounding neighborhood. No home occupation shall be permitted which
does not conform with the definition, procedures and requirements which follow
in this subdivision.
b. Definition. A home occupation is a gainful occupation carried on in a dwelling
unit, and not in any accessory building, within a residential district. The
occupation shall clearly be secondary to the use of the dwelling for residential
purposes, and shall not change its character.
c. Procedures. No person shall conduct a home occupation without first having
obtained a license from the Zoning Administration and the approval of the
Council. Applications for licenses, accompanied by the appropriate fee, shall
. state facts that constitute the basis for compliance with the requirements set forth
in provision (d). Home occupations for disabled persons that do not meet these
conditions may apply for a conditional use permit.
d. Requirements. The following requirements shall apply to home occupations
within the City of Falcon Heights.
1. No home occupations shall be permitted which, in the opinion of the
Zoning Administrator, may be detrimental to adjacent or nearby
residential amenities;
2. No home occupation shall be permitted which, in the opinion of the
City Fire Chief, may increase the risk of fire or use of rescue squads at a
greater level than would normally be expected in a residential district.
3. Exterior storage shall not be permitted.
4. Adequate off-street parking space for the home occupation must be
available as approved by the Zoning Administrator, however, no home
occupation shall be granted that creates the need for more than two (2)
parking spaces in addition to those already used by the occupants of the
dwelling.
16
5. No accessory uses in conjunction with a home occupation shall be
permitted.
6. No home occupation shall be permitted within an accessory building
(as defined in this Chapter).
7. No signs other than those normally utilized in a residential district shall
be permitted.
8. No over-the-counter retail or wholesale sales shall be permitted;
9. Entrance to the home occupation shall be gained from within the
structure with no separate exterior entrance;
10. No stock in trade shall be stored on the premises;
11. Only occupants of the dwelling unit may engage in the home
occupation;
12. No more than twenty (20) two-way additional vehicle trips per day
shall be generated by a home occupation.
13. No home occupation shall be permitted which requires the use of
commercial vehicle more often than would normally be expected in a
residential district. For the purpose of this subdivision, commercial
vehicle shall be defined as anon-passenger vehicle (as passenger vehicle is
defined in Falcon Heights Ordinance Section 9-4.01, Subd. Sd.
14. No home occupation shall produce light glare, noise, odor or vibration
that has an objectionable affect on a nearby property;
15. No equipment shall be used in a home occupation that creates
electrical interference to surrounding property owners' radio or television
signals;
16. No home occupation shall be conducted between the hours of 9:00
p.m. and 9:00 a.m. on weekdays, or between the hours of 6:00 p.m. and
10:00 a.m. on weekends and holidays;
17. No home occupation shall cause an increase in sewer or water usage
that exceeds the normal range for residents in the City.
l~
18. Not more than twenty (20) percent of the gross area of the dwelling
unit shall be used to conduct a home occupation. The appearance of a
residential dwelling shall in no way be changed or altered in a manner
which would cause the premises to differ from its residential character.
Subdivision 25. Dwelling Units Prohibited. No cellar, garage, tent, trailer, basement or
unfinished home, accessory building, shall be used as a dwelling unit.
Subdivision 26. General. 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.
Subdivision 27. Solar. Access to sunlight for active and passive solar systems (for
heating and cooling of buildings) shall be protected in accordance with applicable state
statutes and regulations. All active solar systems proposed shall require a conditional use
permit.
r:
18
• PLANNING & DEVELOPMENT 9-15.01
PART 15. ADMINISTRATION AND ENFORCEMENT
9-15.01 Enforcin Officer
Subdivision 1. Establishment Appointment Facilities There is hereby established the
office of Zoning Administrator, which shall be filled by the City Administrator unless
otherwise appointed by the City Council.
Subdivision 2. Duties. The duties of the Zoning Administrator shall be:
a. To administer and enforce the provisions of this Chapter either directly or
through the Building Inspector;
b. To issue building permits;
c. To issue such other permits as are required by this ordinance upon the
determination thereof by the proper authority;
• d. To issue certificates of occupancy;
e. To keep and maintain a permanent record of this Chapter, to enter upon such
record all amendments thereof, to provide for public inspection thereof at all
times, and pursuant to the determination of the Council to provide for the
distribution or sale thereof;
f. To keep secure the official land use map and the official zoning map and to
make amendments thereof or additions thereto upon adoption thereof, to provide
for public inspection thereof during official business hours of the city and
pursuant to the determination of the Council to provide for the distribution or sale
thereof;
g. To maintain all city plans (comprehensive municipal or guide plan, central
business district and others) in an up-to-date condition;
h. Issue permit numbers to existing business uses in the "EB" Zoning District
upon enactment of this Ordinance;
i. Assign Conditional and other permit numbers to all land uses in the City which
are automatically granted a permit upon enactment of this Chapter; this may be
1
• done at such time as existing land uses change, alter, expand, construct, move or
otherwise require an amendment due to change following enactment of this
Chapter;
j. To prepare and submit to the Planning Commission, and the Council, if
appropriate, applications for building permits, variances, conditional use permits
and appeals;
k. To maintain records of all permits issued, appeals, variances, conditional use
permits and the disposition thereof;
1. To receive, file and forward to the respective official bodies applications for
variances, conditional uses and appeals;
m. To publish and attend to the service of all notices required under the
provisions of this Chapter and to make or prepare and file affidavits of service
thereof;
n. To refer to the City Attorney all violations of this ordinance which cannot be
handled administratively;
o. To assure that all building permits comply with the terms of this Chapter;
• p. To conduct inspections of buildings and land to determine compliance with the
terms of this Chapter.
Subdivision 3. Discretion. The Zoning Administrator shall not have the discretion to
vary the terms and provisions of this Chapter. He/she shall have the power and the
responsibility to interpret any provisions of this Chapter which may be unclear. In the
discharge of this duty the City Attorney shall provide advise to him/her upon request. In
the making of any such interpretation, the Zoning Administrator shall set forth a decision
in writing, including reasons thereof.
9-15.02 Apueals
Subdivision 1. Apueals• The City Council shall determine, in harmony with the general
purpose and intent of this Chapter and the Comprehensive Municipal Plan, by resolution,
all appeals from any order requirement, permit or decision made by the Zoning
Administrator as to the location of the boundary of a Zoning District as shown on the
Zoning Map.
Subdivision 2. Notice. At any time within ninety (90) days after the decision of the
Zoning Administrator under the provisions of this Chapter, except in connection with
2
. prosecutions for violations thereof, the Applicant or other person or officers of the City
affected thereby may appeal to the City Council by filing a written notice stating the
action appealed from and stating the specific grounds upon which the appeal is made.
Subdivision 3. Referral. Before any determination of an appeal from action by the
Zoning Administrator, the appeal shall be referred to the Planning Commission which
shall function as the Board of Appeals for study and recommendation. The Planning
Commission may conduct such hearings as it may deem advisable and shall prescribe
what notice, if any, shall be given of such hearing.
Subdivision 4. Hearing. The City Council shall by motion after the filing of notice of
appeal, set a date for hearing thereon, not earlier than seven (7) days after nor more than
sixty (60) days after the next regular meeting date of the Planning Commission.
Subdivision 5. Notice of Hearing. Notice of the hearing before the City Council shall be
mailed to all appellants. In all cases involving determination of district boundary lines or
interpretation of the text of the Chapter, ten (10) days published notice of hearing in the
official newspaper shall be given.
Subdivision 6. Determination. If the recommendation of the Planning Commission is
not transmitted to the City Council prior to the date of hearing, the City Council may
take action without further awaiting such recommendation.
• 9-15.03. Variances
Subdivision 1. Application. Any owner of property or a person, firm, association or
corporation holding a contract to purchase property, or an optionee holding an option
conditioned solely on the grant of a variance, or the duly authorized agent of such
Appellant, may make application for a variance. The application shall be made on forms
prepared by the Zoning Administrator.
The application shall contain the legal description of the property, the zoning district in
which it is located, a brief statement of the reasons the variance is requested, a statement
of the ownership interest therein of the applicant and the names and addresses of the
owners of all abutting property as listed on the current real estate tax rolls. The
application shall be verified.
Subdivision 2. Variances Prohibited. No variance may be granted for a use of any
property different from that permitted by this Chapter, either directly or through the
application for a conditional use permit, provided, that variances may be granted for the
extension of the non-conforming use of a property which was non-conforming on the date
of the adoption of this Chapter and such non-conforming use or any extension thereof
shall not have expired.
• Subdivision 3. Termination. The violation of any condition of the variance shall
terminate the variance. If the property is not used or improvements substantially begun
within a period of one year after the decision granting the variance, unless the decision
provides otherwise, the variance shall be terminated and the Zoning Administrator shall
notify the owner of his determination thereof. The owner, in the event of any such
determination of termination by the Zoning Administrator, shall have the right of appeal
as set forth in this Chapter.
Subdivision 4. Standards for Granting of Variance. No variance shall be granted unless
the City Council shall make without qualification on the basis of evidence presented at
the meeting the following findings:
a. That the granting of the variance will not be detrimental to the public welfare;
b. That the granting of the variance will not substantially diminish or impair
property values or improvements in the area;
c. That the granting of the variance is necessary for the preservation and
enjoyment of substantial property rights;
d. That the variance will not impair an adequate supply of light and air to
adjacent property;
e. That the variance will not impair the orderly use of the public streets;
f. That the variance will not increase the danger of fire or endanger the public
safety;
g. Whether the shape, topographical condition or other similar characteristic of
the tract is such as to distinguish it substantially from all of the other properties in
the zoning district of which it is a part, or whether a particular hardship, as
distinguished from mere inconvenience to the owner, would result if the strict
letter of the Chapter were carried out;
h. Whether the variance is sought principally to increase financial gain to the
owner of the property, and to determine whether a substantial hardship to the
owner would result from a denial of the variance;
i. Whether the conditions which give rise to the application for the variance arose
after the adoption of this Chapter of the Code of the City of Falcon Heights or any
amendment thereto which placed the tract in a zoning district different from what
it was under the Chapter. In the consideration of this item, the City shall make
4
• diligent inquiry as to all changes in the property and shall refuse to grant the
variance if the problem is one that can be solved through a proper application of a
conditional use permit or an amendment of the Zoning code. Financial hardship
shall not be a basis for the granting of a variance when the owner purchased the
property in reliance on a promise that a variance would be granted, and the City
shall dismiss the appeal if it shall appear that the property was purchased on such
reliance.
Subdivision 5. Conditions. The City may attach such conditions to the grant of the
variance as it shall determine will be necessary or desirable to bring it within the purpose
and intent of the Chapter. A public record shall be maintained of such conditions.
Subdivision 6. Procedures
a. All applications for variances shall be referred to the Planning Commission for
study and recommendation to the City Council.
b. Within sixty (60) days, the Planning Commission shall forward its
recommendations to the City Council; if no recommendation is transmitted within
sixty (60) days after referral of the application for variance to the Planning
Commission, the City Council may take action without further awaiting such
recommendation.
c. Variances are granted or denied by motion of the City Council.
9-15.04. Conditional Use Permits
Subdivision 1. Puroose and Public Policy Conditional uses are those uses authorized
by this Chapter which require special planning consideration due to traffic circulation and
access needs or impacts, operational characteristics, proximity to other similar uses,
impact on neighboring property, etc., and which therefore need special conditions
imposed to establish or control these factors in order to protect the public health, safety
and welfare and to assure compliance and harmony with the Comprehensive Plan of the
City. In the enactment of this Chapter, the City recognizes that there are certain uses
which, because of their characteristics, limited number, or unique character, cannot be
classified into any particular district or districts without providing for such districts
extensive regulatory provisions herein. It is also recognized that there may be uses that
are not provided for in this Chapter. Certain uses, while generally not suitable in a
particular zoning district, may, under some circumstances and conditions be suitable. A
conditional use permit shall apply to the use and land and not to a particular person or
firm; any change in land ownership, lease, rental, occupancy or similar change shall not
affect the permit or its conditions except as may be specifically authorized and required
by the City.
5
• a. Situations for Issuing: Conditional Use Permits may be issued for an of the
following: y
(1) Any of the uses or purposes for which such permits are required or
permitted by the provisions of this Chapter.
(2) Public utility or public service uses or public buildings in any district
when found to be necessary for the public health, safety, convenience or
welfare.
(3) To classify as a conforming use any non-conforming institutional use
existing in any district at the time of the establishment of such district.
(4) To permit the location of any of the following uses in a district from
which they are excluded by the provisions of this Ordinance: library,
community center, church, hospital, any institution of an educational,
philanthropic or charitable nature, cemetery or mausoleum.
Subdivision 2. Application. Any owner of property, or a person, firm, association or
corporation holding a contract to purchase property, or an optionee holding an option
conditioned solely on the grant of a conditional use permit, or the duly authorized agent
• of such applicant, may make application for a conditional use permit, or the duly
authorized agent of such applicant, may make application for a conditional use permit;
however, any proceedings to classify certain uses as conforming uses may be initiated
either by such application or by the City Council or by the City Planning Commission.
The application shall be made on forms prepared by the zoning administrator, and filed
with him. The application shall contain the section number of the Chapter which permits
the issuance of the permit, a brief statement describing the use and why the applicant
feels that it can be permitted, a statement of the ownership interest in the property of the
applicant, as well as the additional information required below. An application for a
conditional use permit shall be accompanied by payment of a fee as set from time to time
by the City Council in additional to the regular building permit fee, if any.
a. Additional Information A Site Plan and supplementary graphic or written
material shall be provided with the application, containing the following
information and/or such additional or lesser information as may be required by the
zoning administrator.
(1) Name, address, and legal description of project/development.
(2) Location map, showing zoning district boundaries including area
within one-half mile of the site.
6
• (3) Name and mailing address of developer/owner and engineer/architect.
(4) Date of plan preparation.
(5) Scale and a north point indicator.
(6) Boundary line of property with their dimensions.
(7) Location identification and dimensions of existing and proposed:
a. Topographic contours of minimum intervals of two feet.
b. Adjacent streets and on-street right-of--way.
c. On-site streets and street right-of--way.
d. All utility and utility right-of--way easements.
e. Lighting plan, showing the lighting of parking areas, walks,
security lights and driveway entrance lights.
f. Building and structures including
• (1) Elevation drawings of all proposed building and
structures with dimensions.
(2) Elevation, height above mean sea level of all floors and
roofs, when structure is sited in an area prone to flooding as
determined by the City Engineer.
(3) Gross square footage of existing and proposed
buildings and structures.
(4) Exterior finish materials.
(5) Type of business, proposed number of employees, and
times of operations.
g. All parking facilities.
h. Water bodies and drainage ditches.
i. Fences and retaining walls.
r~
U
7
j. Landscape plan, showing size and species of each planting.
k. On and off site traffic flow.
1. Parking plan.
(8) Site statistics including square footage, percentage of coverage,
dwelling unit density, and percentage of park or open space.
(9) Names and addresses of the owners of all property abutting the subject
property, as contained in the current real estate tax rolls, including
properly located across the street, avenue or alley from the subject
property.
Subdivision 3. Hearing: The City Council or Planning Commission shall hold a public
hearing within thirty (30) days of the date of filing the application, or at the next regularly
scheduled meeting after said thirty (30) days, after publishing notice of such hearing in
the official newspaper and sending mailed notice to those listed in the application as
abutting property owners at least ten (1) days prior to the date of the hearing.
a. General and Special Requirements: The Planning Commission and/or Council
shall consider to what extent the applicant's plan minimizes possible adverse
effects of the proposed conditional use, what modifications to the plan and what
conditions on approval could further minimize the adverse effects of the proposed
use. The following development standards shall be considered general
requirements for all conditional use permits except as hereinafter provided:
(1) The land area and setback requirements of the property containing such
a use or activity meet the minimums established for the district.
(2) When abutting a residential use, the property shall be screened and
landscaped.
(3) Where applicable, all City, county, state and federal laws, regulations
and ordinances shall be complied with and all necessary permits secured.
(4) Signs shall not adversely impact adjoining or surrounding residential
uses.
(5) Adequate off-road parking and loading shall be provided. Such
parking and loading shall be screened and landscaped from abutting
residential uses.
8
• (6) The road serving the use or activity must be of sufficient design to
accommodate the proposed use or activity, and such use or activity shall
not generate such additional extra traffic as to create a nuisance or hazard
to existing traffic or to surrounding land use.
(7) All access roads, driveways, parking areas, and outside storage,
service, or sales areas shall be surfaced or grassed to control dust and
drainage.
(8) All open and outdoor storage, sales and service areas shall be screened
from view from public streets and from abutting residential uses or
districts.
(9) All lighting shall be designed to prevent any direct source of light
being visible from adjacent residential areas or from the public streets.
(10) The use or activity shall be properly drained to control surface water
runoff.
(11) The architectural appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or area as to cause
• impairment in property values or constitute a blighting influence.
(12) The proposed water, sewer and other utilities shall be capable of
accommodating the proposed use.
(13) That the proposed use conforms to the comprehensive municipal plan.
Such a finding shall be based upon the following considerations:
(a) That certain uses may not be considered appropriate within the
interior of residential neighborhoods because of noise, traffic, or
other conditions that would tend to affect adversely the residential
character of the neighborhood and possible reduce property values.
These uses are considered appropriate only on the periphery of
residential neighborhoods, or under such conditions as the
Planning Commission may deem proper. The uses may represent
"buffer" uses for those areas lying between single family dwellings
and non-residential uses.
(b) That certain uses are considered, as a rule, unsuitable in
Business Districts because of inherent business characteristics (e.g.
traffic, noise, glare), proximity to residential areas, the fact that
9
• they tend not to serve nearby residential areas, or may adversely
affect nearby permitted business uses.
(c) That certain uses are considered generally unsuitable in
Industrial Districts, because of conditions that would tend to
discourage other industrial development in the vicinity. These
conditions include noise, vibrations, dust, glare, unsightliness or
similar nuisances. Certain other industrial land uses are considered
generally inappropriate because they represent under-utilization of
land. This, in turn, means a low tax return from land that under
fuller development would be contributing needed revenue to the
community's tax base. Such uses, however, may be considered as
temporary uses.
(d) That certain temporary uses that are generally not suitable within a particular
zoning district are potentially suitable on a temporary basis. This may be due to
the lack of development on existing property, to a short-term need (such as
highway construction), or to a limited degree of adverse effects, upon adjacent
land use.
These standards shall be strictly applied unless it is found in the particular case
that the community safety, health and welfare can as well or better be served by
• modifying them. Any special requirements applicable to the particular case which
are imposed elsewhere in this chapter shall be met in each case.
When applications are reviewed by the Planning Commission but acted upon the
City Council, the Planning Commission shall recommend to the City Council
whatever action it deems advisable, including all recommended conditions on the
granting of the conditional use permit.
Subdivision 4. Action: In acting upon applications for conditional use permits, the
planning commission or city council shall consider the effect of the proposed use upon
the health, safety, morals, comfort, convenience and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, including parking facilities
on adjacent sites. When applications are reviewed by the planning commission but acted
upon by the city council the city council may hold whatever public hearings it deems
advisable or may return the application to the planning commission for further
consideration.
(a) Approval: If it is determined that the general and special requirements of this
chapter will be satisfied by applicant's plan, the City may grant such permit and
may impose conditions relating to the general and special requirements in each
case, including durational conditions.
•
10
(b) Denial: Conditional use permits may be denied by resolution. Such
resolution shall state the reasons for denial, but may incorporate by reference the
minutes and recommendations of the Planning Commission, staff reports, hearing
testimony and any other material relevant to the decision.
Subdivision 5. Termination: If compliance with all of the conditions of the conditional
use permit have not taken place within the time prescribed by the City, the permit is
deemed terminated, unless the Council, in its sole discretion, extends the time for
compliance for an additional permit not to exceed one year. Any violation of a
continuing condition shall be grounds for revocation of the conditional use permit, after
notice of violation served upon the permit holder in the manner of a civil summons at
least 10 days prior to hearing, and upon the Council finding at the revocation hearing that
the condition violated remains necessary to carry out the purposes of this section and that
the permit holder is unable or unwilling to satisfy the condition. Such finding shall be
made by majority vote, upon the preponderance of the evidence presented by the Zoning
Administrator and anyone appearing on behalf of the permit holder.
Subdivision 6. Performance Bond: The City may require a performance bond or other
security, in form approved by the City Attorney, to guarantee performance of the
conditions in any case where such performance is not otherwise guaranteed. Such
security shall be provided prior to the issuance of building permits or initiation of work
• on the proposed improvements or development and shall be in an amount 1.25 times the
approved estimated costs of labor and materials for the proposed improvements or
development.
9-15.05 Amendments
Subdivision 1. Amendments. The Council may, by an affirmative vote of four fifths
(4/5) of all members thereof, adopt amendments to this Chapter.
Subdivision 2. Initiation of Amendment. Proceedings for amendment of this Chapter
shall be initiated by (1) a petition of the owner or owners of the actual property, the
zoning of which is proposed to be changed; (2) a recommendation of the Planning
Commission; or (3) by action of the Council. Such notice shall also contain the
description of the land and the proposed change in zoning. At least ten (10) days before
the hearing the Planning Commission shall mail an identical notice to the owner and to
each of the property owners within three hundred (300) feet to the outside boundaries of
the land proposed to be rezoned. Failure of the Planning Commission to mail the notice
shall not invalidate the proceeds. Within sixty (60) days after the date of referral by the
Council, the Planning Commission shall make a written report to the Council stating its
findings and recommendation.
:7
11
Subdivision 3. Application for Amendment All applications for amendments which are
initiated by the petition of the owner or owners of property shall be filed with the Zoning
Administrator when application involves the changing of zoning districts and boundary
thereof, the application shall be accompanied by an abstractor's certified property
certificate showing the property owners within three hundred (300) feet of the outer
boundaries of the property in question. The application shall be forwarded to the
Council.
Subdivision 4. Referral to Planning Commission If the application is in the form of a
petition and contains the signature of fifty percent (50%) of the property owners abutting
the land affected, the Council shall refer the application to the Planning Commission.
Any other application may be referred by the Council to the Planning Commission or
returned to the applicant. The Council may of its own motion initiate the request for
amendment and refer same to the Planning Commission.
Subdivision 5. Planning Commission Notice and Hearing on Application. The Planning
Commission shall hold a public hearing affording an opportunity for all parties interested
to be heard and shall give not less than ten (10) days nor more than thirty (30) days notice
of time and place of such hearing, published in the designated legal newspaper for the
City.
Subdivision 6. Council Notice and Hearin on Application The Council shall hold a
public hearing within thirty (30) days after the receipt of the report and recommendations
from the Planning Commission. If the Planning Commission fails to make a report to the
Council within sixty (60) days after the referral of the application, then the Council shall
hold a public hearing within thirty (30) days after the expiration of said sixty (60) day
period. Failure to receive a report from the Planning Commission as herein provided
shall not invalidate the proceedings or actions of the Council. The Council shall give not
less than ten (10) days nor more than thirty (30) days notice of time and place of such
hearing published in the designated legal newspaper for the City, and such notice shall
contain a description of the land and the proposed change in zoning. At least ten (10)
days before the hearing the Council shall mail an identical notice to the owner and to each
of the property owners within three hundred (300) feet of the outside boundaries of the
land proposed to be rezoned. Failure of the Council to mail the notice or failure of the
property owners to receive the notice shall not invalidate the proceedings. At the time of
hearing the Council may take final action upon the application or it may continue the
hearing from time to time for further investigation and hearing. The Council may also
request further information and report from the Planning Commission. The Council shall
not rezone any land or area in any zoning district without having first referred it to the
Planning Commission. Any other proposed amendment to this chapter may be referred to
the Planning Commission for consideration and recommendations.
12
9-15.06 Fees
The Zoning Administrator or other administrative office having jurisdiction therein shall
charge each applicant, petitioner or other person requesting a permit, rezoning or other
zoning approval or review such fees as may be prescribed therefor by ordinance or by
resolution published in the same manner as an ordinance. Each applicant, petitioner or
other person shall also pay all legal, engineering, planning, and similar out-of-pocket
costs incurred by the city in connection with the respective matter. The zoning
administrator with the approval of the council may require each applicant, petitioner or
other person to deposit with the City in escrow a cash amount based on an estimate by the
zoning administrator of such fees and costs. Any surplus shall be refunded to and any
additional costs paid by the applicant, petitioner or other person. The obligation to pay
such fees and costs shall not be affected by the disposition of the matter.
9-15.07 Enforcement; Violations; Penalties
a. Zoning Administrator and Citv Attorney. The Zoning Administrator, with the
assistance of the City Attorney, shall have the authority to and be responsible for the
enforcement of this Chapter. Any complaint received shall be promptly investigated by
the Zoning Administrator. If the matter cannot be adjusted by the Zoning Administrator
. to the satisfaction of the complainant, he/she shall promptly be reported to the City
Attorney, who shall then proceed to enforce the Code according to its provisions
following approval and receipt of instructions from the City Council.
b. Cancellation of Permits. If any condition in any permit, including variances and
conditional use permits, is violated, the Zoning Administrator shall serve notice on the
owner of the permit that unless the violation is corrected in the time set by the Zoning
Administrator, not to exceed ten days, the permit shall at the expiration of said period be
terminated, provided, that if the said owner shall within a period of twenty days from the
service of said notice, correct the violation, the order shall be stayed until the appeal has
been heard. Said notice shall be served either by personal service or by registered or
certified mail, the period herein provided shall be extended by three days, not counting
Saturdays, Sundays, or legal holidays. If an appeal is filed, it shall be processed as
provided in this Ordinance. If there is no appeal, or if on appeal the Zoning
Administrator is sustained, the permit shall terminate and the Zoning Administrator shall
refer the matter to the City Attorney for such action as is required under this chapter.
c. Injunctive Relief. The Zoning Administrator, upon approval of the City Council, shall
have the authority to petition the District Court of Ramsey County, or such court as shall
have jurisdiction to hear the matter, for injunctive relief against continued violations of
any of the provisions of this Ordinance. It shall be the duty of the City Attorney to
represent the Zoning Administrator in the action.
13
•
d. Violations; Penalties Any person, corporation, firm or association who violates any
of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished
as provided in the code of the City and laws of the State of Minnesota for violations of
acts which are misdemeanors. Each day that a violation is permitted to exist shall
constitute a separate offense.
•
14
PLANNING AND DEVELOPMENT 9-16.01-9-16.10
• PART 16. PLANNED UNIT DEVELOPMENT (PUD).
9-16.01 Pur ose
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.
9-16.02 Re wired 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.
9-16.03 General Requirements and Standards
Subdivision 1. Comprehensive Plan/Ordinance 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.
Subdivision 2. O eratin and Maintenance Re uirements for PUD Common en S ace/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.
Subdivision 3. Staaina 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.
Subdivision 4. Develo ment Sta e. 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 one
hundred twenty-five percent (125 %) of the proposed residential density of the entire PUD.
Subdivision 5. Urban Development and Availability of Public Service .All development shall be
carefully phased so as to ensure that rt will not cause an unreasonable burden upon the City in providing
services and utilities or cause a deleterious impact upon the natural environment.
9-16.04 Permitted Uses and Standards
• The permitted uses, standards, and development plan shall be set forth in the ordinance rezonin the
property to PUD. g
153
9-16.05 Procedure for Processin a Planned Unit Develo went
• Subdivision 1. A royal
pp 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 ordinance amendments.
Subdivision 2. Pre-application 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 proposal for the area for which it is proposed and its
conformity to the provisions of this ordinance before incurring substantial expense in the preparation of
plans, surveys and other data.
Subdivision 3. Application An applicant shall submit a completed application form furnished by
the City, together with the following information:
a. Drawings in schematic form containing the following:
1. The location, size of site and the proposed uses of the land to be
developed.
2. The density of land use to be allocated to the several parts of the
site to be developed.
• 3. The location and s'
ize of all useable open space and the form of organization to own land
maintain such space.
4. The use, height, bulk and approximate location of buildings and other structures.
5. The plans for the distribution of sanitary wastes, storm water, and the provisions of other
utilities.
6. The plans for parking of vehicles and the location and width of proposed streets, curbs,
gutter and landscaping.
7. 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.
b. A written statement must include the following:
1. 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.
2. A statement identifying the final ownership and describing maintenance of all parts of the
development including streets, structures and useable open space.
154
3. The total anticipated population of the Planned Unit Development, with break-downs as to the
estimated number of school age children, adults and families.
c. The following exhibits:
1. Abstractor's certified property certificate showing the names and addresses of property owners
within three hundred fifty (350) feet of the outer boundaries of the property.
2. Location map showing property in relation to the City as a whole and to the City's primary
elements such as thoroughfares, schools, parks and shopping areas.
3. A legal description of the property including approximate total acreage.
4. Boundary survey prepared by a registered surveyor of the property
and one hundred (100) feet beyond showing:
a. Existing property lines and dimensions.
b. Ownership of all parcels.
c. Platting and easements.
d. Street and railroad rights-of--way.
e. Buildings.
f. Utility lines and facilities.
• 5. A topogra hic ma re ared
p p p p by a Registered Civil Engineer or Registered Land Surveyor
covering the entire tract proposed for development which contains the following information:
a. Contour lines at no more than foot intervals.
b. Hydrologic information including drainage patterns, wetlands, and land subject to
periodic flooding.
c .Soil and subsoil conditions.
d. Vegetation including classification of tree cover by species.
6. Any other material requested by the City Council, Planning
Commission or City staff.
9-16.06 Coordination with Subdivision An royal
If development of the PUD requires subdivision approval, the PUD and subdivision shall be
processed concurrently.
9-16.07 Development Contract
• The City and the developer shall enter into a develo ment contract se
improvements required to be undertaken by the developer. This contra tgmay be combined with
155
the development contract required for subdivision approval.
9-16.08 Zoning
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.
9-16.09 Control of Planned Unit Development Following Com letion
Subdivision 1. Modification of Structures. After the certificate of occupancy has been
issued, the use of the land and the construction, modification or alteration of any buildings or
structures within the planned development shall be governed by the Final Development Plan.
Subdivision 2. Chances 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:
a. 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 (10%).
b. 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.
c. 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.
9-16.10 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 the Zoning Code. (See
9-15.05)
--~ rc .s n ~ /~a~ I S~
is~
•
9-17.01
Part 17. SUBDIVISIONS AND PLATTING
9-17.01 Definitions
Subdivision 1. Subdivision. The term "subdivision" means the division of a parcel of
land into two (2) or more lots or parcels for the purpose of transfer of ownership or
building development; or, if a new street is involved, any division of a parcel of land
provided that a division of land for agricultural purposes into lots or parcels of five (5)
acres or more and not involving a new street shall not be deemed a subdivision. The term
includes re-subdivision and, when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
Subdivision 2. Streets and Alleys. "Street" means a way for vehicular traffic, whether
designated as a street, highway, thoroughfare, parkway, thoroughway, road, avenue,
boulevard, land, place or however otherwise designated.
a. Arterial streets and highways are those which are used primarily for fast or
heavy traffic.
• b. Collector streets are those which carry traffic from minor streets to the major
system of arterial streets and highways, including the principal entrance streets of
a residential development and streets for circulation within such a development.
c. Minor streets are those which are used primarily for access to the abutting
properties.
d. Marginal access streets are minor streets which are parallel to and adjacent to
arterial streets and highways, and which provide access to abutting properties and
protection from through traffic.
e. Alleys are minor ways which are used primarily for vehicular service access to
the back or the sides of properties otherwise abutting on a street.
9-17.02 Procedures
Subdivision 1. Pre-application Procedure.
a. Previous to the filing of an application for conditional approval of the
Preliminary Plat (General Subdivision Plan), the Subdivider shall submit to
the Planning Commission for review, subdivision sketch plans which shall
• 1
• contain the followin informa '
g hon: Tract boundaries, north point, streets on
and adjacent to the tract, significant topographical and physical features,
proposed general street layout, and proposed general lot layout and other
information related to any restrictions on the use of the land including
easements, protective covenants and zoning district(s).
This step does not require formal application, fee or filing of plat with the
Council.
b. Such sketch plans will be considered as submitted for preliminary and informal
discussion between the subdivider and the Planning Commission. Submission of
a subdivision sketch plan shall not constitute formal filing of a plat.
c. As far as may be practical on the basis of a sketch plan, the Planning
Commission will informally advise the subdivider as promptly as possible of the
extent to which the proposed subdivision conforms to the design standards of this
chapter and will discuss possible plan modifications necessary to secure
conformance.
Subdivision 2. Procedures for Conditional Approval of Preliminary Plat
a. On reaching conclusions informally as recommended above regardin his
general program and objectives, the subdivider shall cause to be prepared a
Preliminary Plat, together with improvement plans and other supplementary
material as specified in 9-17.05.
b. Six (6) copies of the Preliminary Plat and supplementary materials specified
shall be submitted to the administrator with written application for conditional
approval at least fourteen (14) days prior to the Planning Commission meeting at
which it is to be considered together with the application fee for such submittal.
The administrator shall promptly forward one (1) copy each of the Preliminary
Plat and supplemental materials to the following: consulting engineer, planning
consultant, and when such land abuts a County or State Highway copies shall be
sent to the County Highway Engineer or State Highway Commissioner.
c. The engineering consultant shall submit his written report concerning the
engineering aspects of the project to the Planning Commission at least seven (7)
days prior to the meeting at which the plat is to be considered.
d. The planning consultant shall examine the plat for compliance with this and
other ordinances of the city and the City's Comprehensive Plan and shall submit a
written report to the Planning Commission at least seven (7) days prior to the
2
meetin
g at which the plat is to be considered.
e. A public hearing shall be held by the Planning Commission after the filing of
the Preliminary Plat. This hearing shall be held if possible, at the next regularly
scheduled meeting of the Planning Commission. A notice of the time, place, and
purpose of the hearing shall be published in the official City Newspaper at least
ten (10) days prior to the date of the hearing. In addition, the City shall notify, in
writing, the subdivider and each owner of affected property and property situated
wholly or partly within 350 feet of the exterior boundary of the subject property.
f. After consideration of all hearings, reports, comments, and suggestions, the
Planning Commission shall within thirty (30) days after the public hearing submit
to the City Council, in writing, a report summarizing its recommendations and
rationale concerning the Preliminary Plat. Copies of the engineers and planning
consultants reports shall also be forwarded to the City Council along with the
Preliminary Plat and application.
g. Following review of the Planning Commission recommendation and other
material submitted for conformity thereof to these regulations and negotiations
with the subdivider on changes deemed advisable and the kind and extent of
improvements to be made by him, the Council shall, within thirty (30) days, act
thereon as submitted or modified, and if approved, the Council shall express its
approval as Conditional Approval and state the conditions of such approval, if
any, or if disapproved, shall express its disapproval and its reasons therefor.
h. The action of the Council shall be noted on two copies of the Preliminary Plat,
referenced and attached to any conditions determined. One copy shall be returned
to the Subdivider and the other retained by the Council.
i. Conditional approval of a Preliminary Plat shall not constitute approval of the
Final Plat (Subdivision Plat). Rather it shall be deemed an expression of approval
to the layout submitted on the Preliminary Plat as a guide to the preparation of the
Final Plat which will be submitted for approval of the Council and for recording
upon fulfillment of the requirements of these regulations and the conditions of the
Conditional Approval, if any.
Subdivision 3. Procedures for Approval of Final Plat
a. The Final Plat shall conform substantially to the Preliminary Plat as approved,
and, if desired by the Subdivider, it may constitute only that portion of the
approved Preliminary Plat which he proposes to record and develop at the time,
provided, however, that such portion conforms to all requirements of these
3
regulations.
b. Application for approval of the Final Plat shall be submitted in writing to the
Council at least thirty (30) days prior to the meeting at which it is to be
considered, together with the application fee for such submittal.
c. Ten (10) copies of the Final Plat and other exhibits required for approval shall
be prepared as specified in 9-17.05, Subd. 2, and shall be submitted to the Council
within six (6) months after approval of the Preliminary Plat; otherwise such
approval shall become null and void unless an extension of time is applied for and
granted by the Council.
d. At the discretion of the City Council, a public hearing may be held. Notice of
said hearing shall be published in the official City Newspaper at least ten (10) days
prior to the date of the hearing. At such hearing all persons interested therein may
be heard and the Council may thereafter approve or disapprove the plat. Such
approval or disapproval shall be given not more than sixty (60) days after the
filing of any Final Plat with a formal request for its approval. The grounds for
any refusal to approve a plat shall be set forth in the proceedings of the Council
and reported to the person or persons applying for such approval. Plats after
• approval, may then be recorded as now provided by law and further described in
the City's Administrative Procedures Manual.
9-17.03 Procedure for Dividing Existing Lots
Subdivision 1. Procedure Dividing Existing Lots•
a. Prior to the filing of an application for conditional approval of the proposed
subdivision of an existing tract of land, either by division of an existing lot, or
metes and bounds description of an existing tract, the subdivider shall submit to
the Council plans and data provided in Section 9-17.02, Subd. lA herein. This
step does not require formal application, fee or filing of plat with the Council.
b. Such sketch plans will be considered as submitted for preliminary and informal
discussion between the subdivider and the Planning Commission. Submission of
a subdivision sketch plan shall not constitute formal filing of a plat.
c. As far as may be practical on the basis of a sketch plan, the Planning
Commission will informally advise the subdivider as promptly as possible of the
extent to which the proposed subdivision conforms to the design standards of this
chapter and will discuss possible plan modifications necessary to secure
conformance.
•
4
Subdivision 2. Conditional Ap royal.
a.On reaching conclusions informally as recommended above regarding his
general program and objectives, the Subdivider shall cause to be prepared a
Preliminary Survey, together with improvement plans and other supplementary
material as specified in 9-17.04.
b. Six (6) copies of the Preliminary Survey and supplementary material specified
shall be submitted to the administrator with written application for conditional
approval together with an application fee for such submittal at least fourteen (14)
days prior to the Planning Commission meeting at which it is to be considered.
c. The engineering consultant shall submit his written report concerning the
engineering aspects of the project to the Planning Commission at least seven (7)
days prior to the meeting at which the plat is to be considered.
d. The planning consultant shall examine the plat for compliance with this and
other ordinances of the city and the City's Comprehensive Plan and shall submit a
written report to the Planning Commission at least seven (7) days prior to the
meeting at which the plat is to be considered.
• e. A public hearing shall be held by the Planning Commission after the filing of
the Preliminary Survey. This hearing shall be held if possible, at the next
regularly scheduled meeting of the Planning Commission. A notice of the time,
place, and purpose of the hearing shall be published in the official City
Newspaper at least ten (10) days prior to the date of the hearing. In addition, the
city shall notify, in writing, the subdivider and each owner of affected property
and property situated wholly or partly within 350 feet of the exterior boundary of
the subject property.
f. After consideration of all hearings, reports, comments, and suggestions, the
Planning Commission shall within thirty (30) days after the public hearing submit
to the City Council, in writing, a report summarizing its recommendations and
rationale concerning the Preliminary Survey. Copies of the engineers and
planning consultants reports shall also be forwarded to the City Council along
with the Preliminary Survey and application.
g. Following review of the Preliminary Survey and other material submitted for
conformity thereof to the existing regulations and ordinances of the city, and
negotiations with the subdivider on changes deemed advisable and the kind and
extent of improvements to be made by him, the Council shall, within thirty (30)
days, act thereon as submitted or modified, and if approved, shall refer the
5
Preliminary Survey to the Planning Commission for its a royal or disa royal
pP pp
and if disapproved, the Planning Commission and Council shall express its
disapproval and the reasons therefor.
h. The action of the Council shall be noted on two copies of the Preliminary
Survey, referenced and attached to any conditions determined. One copy shall be
returned to the Subdivider and the other retained by the Council.
i. Conditional approval of a Preliminary Survey shall not constitute approval of
the Final Survey. Rather, it shall be deemed an expression of approval to the
layout submitted on the Preliminary Survey as a guide to the preparation of the
Final Survey which will be submitted for approval of the Council and for
recording upon fulfillment of the requirements of these regulations and the
conditions of the Conditional Approval, if any.
Subdivision 3. Final Survey.
a. The Final Survey shall conform substantially to the Preliminary Survey as
approved, and, if desired by the Subdivider, it may constitute only that part of the
approved Preliminary Survey which he proposes to record and develop at the
. time, provided, however, that such portion conforms to all requirements of these
regulations.
b. Application for approval of the Final Survey shall be submitted in writing to
the Council at least thirty (30) days prior to the meeting at which it is to be
considered.
c. Ten (10) copies of the Final Survey and other exhibits required for approval
shall be prepared as specified in 9-17.05, Subd. 2, and shall be submitted to the
Council within six (6) months after approval of the Preliminary Survey; otherwise
such approval shall become null and void unless an extension of time is applied
for and granted by the Council.
d. At the discretion of the City Council, a public hearing may be held. Notice of
said hearing shall be published in the official City Newspaper at least ten (10) days
prior to the date of the hearing. At such hearing all persons interested shall be
heard and the Council may thereafter approve or disapprove the survey. Such
approval or disapproval shall be given not more than sixty (60) days after the
filing of any survey with a formal request for its approval. The grounds for any
refusal to approve a Survey shall be set forth in the proceedings of the Council
and reported to the person or persons applying for such approval. Surveys after
approval, may then be recorded as now provided by law and further described in
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the City's Administrative Procedures Manual.
9-17.04 Design Standards
Subdivision 1. Streets.
a. The arrangement character, extent, width, grade and location of all streets shall
conform to the City's Master Plan and shall be considered in their relation to
existing and planned streets, to topographical conditions, to public convenience
and safety and in their appropriate relation to the proposed uses of the land to be
served by such streets.
b. Reserve strips controlling access to streets shall be prohibited except where
their control is definitely placed in the city under conditions approved by the
Council.
c. Street jobs with centerline offsets of less than one hundred twenty-five (125)
feet shall be avoided.
d. When connecting street lines deflect from each other at any one point by more
than ten (10) degrees they shall be connected by a curve with a radius adequate to
facilitate safe driving conditions and provide a pleasing appearance. Streets shall
be laid out so as to intersect at a minimum of 90 degrees included angle.
e. Curb lines at street intersections shall be rounded with a radius of fifteen (15)
feet, or of a greater radius where the Council may deem it necessary. The Council
may permit comparable cutoffs or chords in place of rounded corners.
f. Street right-of--way widths shall be as shown in the City's Master Plan and
where not shown therein shall be not less than as follows:
Subdivision 2. Right-of-Wad
a. Half streets shall be prohibited except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these
regulations and where the Council finds it will be practicable to require the
dedication of the other half when the adjoining property is subdivided. Wherever
a half street is adjacent to a tract to be subdivided, the other half of the street shall
be platted within such tract.
b. Dead-end streets, designed to be so permanently, shall not be longer than 400
feet and shall be provided at the closed end with aturn-around having an outside
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• roadway diameter of at least ei ht 80 feet, and a street ro ert line diameter of
g Y( ) p p Y
at least one hundred (100) feet.
c. Street names shall be subject to the approval of the Council.
d. Street grades, wherever feasible, shall meet current policies of the American
Association of State Highway Officials for urban areas (AASHO).
e. No street grades shall be less than one percent (1%).
Subdivision 3. Alleys.
a. Alleys shall be provided to commercial and industrial districts, except that the
Council may waive this requirement where other definite and assured provision is
made for service access, such as off-street loading, unloading, and parking
consistent with and adequate for the uses proposed.
b. The width of an alley shall be a minimum of twenty (20) feet.
c. Alley intersections and sharp changes in alignment shall be avoided, but where
• necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
d. Dead-end alleys shall be avoided.
Subdivision 4. Easements.
a. Easements across lots or centered on rear or side lot lines shall be
provided for utilities where necessary and shall be at least ten (10) feet wide.
b. Where a subdivision is transversed by a water course, drainage way, channel or
stream, there shall be provided a storm water easement or drainage right-of--way
conforming substantially with the lines of such water course, and such further
width or construction, or both, as will be adequate for the purpose. Parallel streets
or parkways may be required in connection therewith.
c. The lengths, widths, and shapes of blocks shall be determined with due regard
to:
1. Provision of adequate building sites suitable to the special needs of the
type of use contemplated;
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2. Zoning requirements as to lot sizes and dimensions;
3. Needs for convenient access, circulation, control and safety of street
traffic;
4. Limitations and opportunity of topography.
d. Block lengths shall not exceed one thousand (1,000) feet or be less than three
hundred (300) feet.
Subdivision 5. Lots.
a. The lot size, width, depth, shape and orientation and the minimum building
setback lines shall be appropriate for the location of the subdivision and for the
type of development and use contemplated.
b. Lot dimensions shall conform to the requirements of the zoning ordinance.
Subdivision 6. Public Sites and Open S aces.
a. Where a proposed park, playground, school or other public use shown in a
City's Master Plan is located in whole or in part in a subdivision, the Council may
require the dedication or reservation of such area within the subdivision in those
cases in which the Planning Commission deems such requirements to be
reasonable.
b. Where deemed essential by the Council, upon consideration of the particular
type of development proposed in the subdivision, and especially in large-scale
neighborhood unit developments not anticipated in the City's Master Plan, the
Council may require the dedication or reservation of such other areas or sites of a
character, extent and location suitable to the needs created by such development
for schools, parks and other neighborhood purposes.
Subdivision 7. Park Land Dedication.
a. As a condition to approval of any subdivision of land of four (4) acres or more
in area zoned for one or more of the following use districts, the owner shall
dedicate a portion of the gross area of such land for public park, playground, open
space, trail system or other public recreational purposes according to the
following schedule:
r 1
U
1. Eight (8) percent for land zoned R-1 One Family Residential District;
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2. Nine (9) percent for land zoned R-2 Two Family Residential District;
3. Ten (10) percent for land zoned R-3 Multiple Residential District;
4. Ten (10) percent for land zoned B Business District; and
5. Prorated percentage according to clauses (1) through (4) above for land
zoned Planned Unit Development District.
b. The land to be dedicated for public purposes under paragraph (a) shall be
reasonably adaptable to the use intended, shall be at a location convenient to
people to be served thereby, and shall not be used in computing compliance with
open space or density requirements under the Zoning Ordinance.
c. The area of land required to be dedicated for said purposes shall be reduced by
not more than one-half by the area of land in the subdivision which by restrictive
covenant or other instrument on terms satisfactory to the City will be available as
a common area for use by owners or occupants of such land.
d. At the option of the City and in lieu of such dedication, the owner shall pay to
the City for such purposes a cash payment equal to the fair market value of the
land which would otherwise be required to be dedicated under this section. If a
dispute arises concerning the amount of cash payment, the amount shall be finally
determined by an appraiser selected by the owner from a list of three (3)
appraisers supplied by the City. All payments received by the City pursuant to
this section shall be placed in a special fund to be used only for the purposes for
which the money was obtained.
9-17.05 Plats and Data
Subdivision 1. Conditional Ap royal.
a. Topographical Data required as a basis for the Preliminary Plat in (b) below
shall include existing conditions as follows except when otherwise specified by
the Council.
(1) The Date
(2) Map Scale
10
(3) Name and Address of: Owner, Subdivider Surve or* En ineer*
Y ~ g
Designer*
(*include license numbers and seals)
(4) The name of the proposed subdivision and all subdivisions adjacent to
it.
b. Description:
(1) Field survey of the boundary lines of the tract giving complete
descriptive data by bearings and distances, made and certified by a
licensed land surveyor.
(2) Descriptions, reference ties and elevations of all bench marks.
(3) Total acreage of the proposed subdivision.
c. Existing Conditions:
(1) Zoning District, including exact boundary lines of the district. If more
than one district, any proposed changes in the zoning district lines
including dimensions and/or the Zoning Code text applicable to the
area to be subdivided.
(2) Topographic data with a contour interval of not more than 2 feet and
showing spot elevations at all breaks in grade, along all drainage channels,
and at selected points not more than one hundred (100) feet apart in all
directions in extremely flat areas. Wooded areas, power transportation
poles and lines, gas lines, single trees with a diameter of 8 inches or more
as measured 3 feet above the base of the trunk, and other significant
existing features for the proposed subdivision and adjacent property.
(3) Soils information prepared by qualified licensed professional.
(4) The location, right-of--way width, and names of existing or platted
streets or other public ways. Park and other public lands, permanent
buildings, and structures, easements, section and corporate lines within the
subdivision and to a distance 100 feet beyond.
(5) The location, size, grade and direction of flow of existing sewers,
water mains, culverts, drains and underground facilities on the property
and to a distance of 100 feet beyond. Such elevations and locations of
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catch basins, inverts, manholes, hydrants and street pavement width and
type.
(6) Proposed public improvements, highways, or other major
improvements planned by public authorities for future construction on or
near the site.
(7) Photographs (if required by Planning Commission), camera locations,
direction of view, and key numbers.
d. Design Features: Layout of proposed streets, alleys, pedestrian ways and
easements showing right-of--way widths, gradients, and proposed street names.
Preliminary dimensions of lots and blocks with their layout numbers using
consecutive numbering of all lots and blocks beginning with a number "1"within
the subdivision; outlots shall be designated by alphabetical order beginning with
..A..
Areas intended to be dedicated or reserved residential lots, typical lots sizes plus
information about all proposed uses within the subdivision. Minimum front and
side buildings setback lines. Location, size, and gradients of proposed sanitary
• sewers, storm sewers, water mains, and plans for surface drainage and flood
control.
e. When required by Planning Commission, the petitioner shall provide the
following supplemental information:
1. Profiles showing existing ground surface and proposed street grades
including extensions for a reasonable distance beyond the limits of the
proposed subdivision, typical cross sections of the proposed grading,
roadways and sidewalks.
2. Draft of Protective Covenants whereby the subdivider proposes to
regulate land in the subdivision and otherwise protect the proposed
development.
a. Final Plat shall be drawn in ink on tracing cloth on sheets and shall be at a
scale of one hundred (100) feet to one (1) inch or larger (preferred scale of
fifty (50) feet to one (1) inch). Where necessary, the plat may be on several
sheets accompanied by an index sheet showing the entire subdivision. For
large subdivisions the Final Plat may be submitted for approval progressively
in contiguous sections satisfactory to the Council. The Final Plat shall show
the following:
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1. State Requirements by Law (for clarification see MSA Chapter 505.02)
(a) Name of all thoroughfares.
(b) Names and locations of all public grounds.
(c) Dimensions of all lots, thoroughfares, and public grounds.
(d) All in lots, outlots, and blocks numbered in accordance with
State Statutes.
(e) Indication that all monuments have been set.
(fj All data necessary to locate monuments and to trace all interior
and exterior boundary lines.
(g) The plat graphically shown with measurements in accordance
with State Statutes.
• (h) Ditto marks are not to be used anywhere on the plat.
(i) Where a pond constitutes a boundary line within or on the plat,
a survey line shall be shown in relation to the water line.
(j) The outside boundary lines of the plat shall close with an error
not to exceed on foot in 7,500 feet.
(k) All ponds, swamps and all public highways or thoroughfares
laid out, opened, or traveled (existing before platting) shall be
correctly shown.
(1) Name and adjacent boundary lines of any adjoining plat.
9-17.06 Plans and Data for Pre-Survev
Subdivision 1. Plans Re uired. While it is understood that generally a proposed
subdivision of an existing lot, or conveyance by metes and bounds description will not be
a development of the scope contemplated by the presentation and acceptance of a plat, the
Council hereby declares that it is in the best interests of community planning and
development to require the same or similar plans and data for such a subdivision, as it
13
does for the presentation and acce tance of a lat. The Council shall re uire com '
p p q pliance
with this ordinance which is hereby made applicable to all conveyances when the parcel
of land conveyed is less than two and one-half (2{) acres in area and one hundred fifty
(150) feet in width, unless such parcel is a separate parcel of record at the time of the
adoption of M.S.A. 471.29, and all related statutes hereto.
9-17.07 Variances
Subdivision 1. Hardship. Where the Council finds that extraordinary hardships may
result from strict compliance with these regulations, it may vary the regulations so that
substantial justice may be done and the public interest secured, provided that such
variation will not have the effect of nullifying the intent and purpose of the General
Community Plan or these regulations.
Subdivision 2. Large Scale Development. The standards and requirements of these
regulations may be modified by the Council in the case of a plan and program for a
complete community, or a neighborhood unit which in the judgment of the Council
provide adequate public spaces and improvements for the circulation, recreation, light, air
and service needs of the tract when fully developed and populated, and which also
provide such covenants or other legal provisions as will assure conformity to and
• achievement of the plan.
Subdivision 3. Conditions. In granting variances and modifications, the Council may
require such conditions as will, in its judgment, secure substantially the objectives of
the standards or requirements so varied or modified.
9-17.08 Fees and Costs
Subdivision 1. Fees and Costs. The zoning administrator shall charge each applicant for
subdivision or platting approval such fees as may be prescribed therefor by ordinance or
by resolution published in the same manner as an ordinance. Each applicant shall also
pay all legal, engineering, planning, and similar out of pocket costs incurred by the City
in connection with the respective matter. The zoning administrator with the approval of
the Council may require each applicant to deposit with the City in escrow a cash amount
based on an estimate by the zoning administrator of such fees and costs. Any surplus
shall be refunded to and any additional costs paid by the applicant. The obligation to pay
such fees and costs shall not be affected by the disposition of the matter.
Adopted by the City Council this 12th day of December, 1984.
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