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HomeMy WebLinkAbout#17 CC Report - PF text amend for essential services 1.19MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/2016 REGULAR #17 MOTION AGENDA ITEM: PF-Public or Semi-Public Zoning District Text Amendment SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: The City of Lake Elmo is requesting a zoning text amendment exempting essential services from certain dimensional and buffer requirements of the PF - Public or Semi-Public Zoning District. Staff and the Planning Commission recommends the City Council approve the zoning text amendment pertaining to essential services in the PF – Public or Semi-Public District with the following motion: “Move to approve Ordinance 08-__exempting essential services from certain dimensional and buffer requirements of the PF – Public or Semi-Public Zoning District”. BACKGROUND AND STAFF REPORT: The City of Lake Elmo negotiated the sale of property for the 75 foot x 90 foot, .16 acre, Inwood Booster Station to be located adjacent to CSAH 13 (Inwood Avenue). A 15 foot setback from the current roadway easement is being preserved for future County right-of-way as required in the County’s Comprehensive Plan, leaving a 75 foot x 75 foot parcel upon which to site the booster station. Public facilities, such as the Booster Station, should be zoned PF–Public or Semi-Public as guided in the Comprehensive Plan. The newly created .16 acre lot does not meet the dimensional requirements of the PF Zoning District. On January 11, 2016, the Planning Commission held a public hearing to consider exempting essential services from certain dimensional and buffer requirements of the PF–Public or Semi Public Zoning District. At the public hearing, two residents spoke: Mr. Vejtruba, 8457 26th St. N, and Mr. Eberhard, the former land owner that negotiated with the city of the sale of the .16 acre parcel. Both residents asked questions of the planning commission, but neither opposed the ordinance amendment. The Planning Commission discussion was related to the need for the text amendment, and the need to maintain landscaping and screening with the exemption, architectural standards, and noise. The Planning Commission recommended approval of the zoning text amendment adding text related to setbacks, screening and noise. FISCAL IMPACT: The Inwood Booster Station is part of a 3.5 million dollar public project. The City has invested 18 months of staff time, $45,000 in site acquisition, plus engineering and design of the facility. RECOMMENDATION: Staff and the Planning Commission recommends the City Council approve the zoning text amendment pertaining to essential services in the PF – Public or Semi-Public District with the following motion: “Move to approve Ordinance 08-__exempting essential services from certain dimensional and buffer requirements of the PF – Public or Semi-Public Zoning District”. ATTACHMENT(S): Planning Commission 1/11/2016 Planning Report Draft Ordinance Amendment 08-__ PUBLIC HEARING ITEM 5c/d – ACTION ITEM PLANNING COMMISSION DATE: 01/11/16 AGENDA ITEM: 5c/d – PUBLIC HEARING CASE #2015-45 City of Lake Elmo Planning Department PF Zoning District Text Amendment – Rezoning to PF Zoning District To: Planning Commission From: Stephen Wensman, City Planner Meeting Date: January 11, 2016 Applicant: City of Lake Elmo Legal Address: All that part of the North 75.00 feet of the East 150.00 feet of the North ½ of the SW ¼ of Section 21, Township 29 North, Range 21 West, Washington County, Minnesota, which lies westerly of the west line of Parcel 3 of the WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 98 – C.S.A.H. 13, according to the recorded plat thereof. PID# 21.029.21.31.0002 Owner: City of Lake Elmo Comprehensive Plan: Public or Semi Public Summary and Request: Application Summary: Recommendation: The City of Lake Elmo is requesting a zoning text amendment to exempt essential services from the dimensional and buffer requirements of the PF - Public or Semi- Public Zoning District. In addition, the city is requesting the rezoning of the Inwood Booster Station property from Rural Residential to PF – Public or Semi-Public Zoning District. Staff is recommending that the Planning Commission recommend approval of the zoning text amendment to exempt essential services from the dimensional and buffer requirements of the PF - Public or Semi-Public Zoning District, and recommend approval of the rezoning of the Inwood Booster Station property, PID# 21.029.21.31.0002, from Rural Residential to PF – Public or Semi-Public Zoning District with the following motions: 1) Move to approve a zoning text amendment exempting essential services from the dimensional and buffer requirements of the PF - Public or Semi-Public Zoning District. 2 PUBLIC HEARING ITEM 5c/d – ACTION ITEM 2) Move to approve a rezoning of Inwood Booster Station property from RR- Rural Residential to PF- Public and Semi-Public Zoning District. Attachments: Location Map Draft Ordinance Amendment 97-__ Property Exhibit. Zoning Text Amendment and Rezoning Review: The City of Lake Elmo negotiated the sale of property for the 75 foot x 90 foot, .16 acre, Inwood Booster Station to be located adjacent to CSAH 13 (Inwood Avenue). A 15 foot setback from the current roadway easement is being preserved for future County right-of-way as required in the County’s Comprehensive Plan, leaving a 75 foot x 75 foot parcel upon which to site the booster station. The Inwood Booster Station is an essential part of the city’s water distribution system. By definition, public utilities are considered an essential service in the City Code of Ordinances: § 154.012, Subd. B, 11 ESSENTIAL SERVICES. Underground or overhead gas, electric, steam, or water distribution systems; collection, communication, supply, or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories, but not including buildings or transmission services. Essential services are a permitted use in all zoning districts, however, the City’s comprehensive plan guides publicly owned facilities, such as essential services to the PF Zoning District. § 154.203 ESSENTIAL SERVICES. Essential services as defined by this Ordinance are permitted in any district, provided that a site plan for any new or expanded service facility is filed with the Planning Department. The City Council may require site plan review of large facilities, upon the recommendation of the Planning Director. The original parcel and the newly created parcel for the Inwood Booster Station are presently zoned RR-Rural Residential. The new Inwood Booster Station parcel should be zoned PF – Public or Semi-Public as guided in the city’s comprehensive plan. Upon review of the proposed rezoning to PF – Public or Semi-Public, it became apparent that the new parcel was non-conforming with the PF Zoning District dimensional, and buffer requirements. The requirements are important for most land uses, however, essential services are generally incidental and subordinate to the surrounding land uses, whatever they may be. In addition, it serves the welfare of the public to have the least amount of property in public ownership while serving the 3 PUBLIC HEARING ITEM 5c/d – ACTION ITEM essential needs of the public. For this reason, the City is requesting the amendment to exempt essential services from the district’s dimensional, and buffer requirements of the PF Zoning District. The PF District requirements are as follows: Minimum Lot Width: 100 feet Minimum Lot Depth: 150 feet Setbacks from property lines: 50 feet Buffer Requirement: 50 feet As part of the purchase agreement, the city has the right to provide landscaping within the first 15 feet to the south and west of the parcel, upon permission for right of entry by the seller. The City is planning to provide a landscape screening of the Inwood Booster Station parcel. Recommendation: Staff recommends the Planning Commission recommend approval of the zoning text amendment and zoning map amendment with the following motions: 3) Move to approve a zoning text amendment exempting essential services from the dimensional and buffer requirements of the PF - Public or Semi-Public Zoning District. 4) Move to approve a rezoning of Inwood Booster Station property from RR- Rural Residential to PF- Public and Semi-Public Zoning District. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 97-___ AN ORDINANCE AMENDING SECTION 154.600 OF THE LAKE ELMO CITY CODE TO EXEMPT ESSENTIAL SERVICES FROM THE PF- PUBLIC AND SEMI-PUBLIC DIMENSIONAL AND BUFFER REQUIREMENTS The City Council of the City of Lake Elmo hereby ordains that Section 154.600 is hereby amended to read as follows: ARTICLE I. PUBLIC AND SEMI-PUBLIC DISTRICTS § 154.600 PF – PUBLIC AND QUASI-PUBLIC OPEN SPACE. A. Purpose and Intent. The purpose and intent of the PF Zoning District is to allow uses and structures that are incidental and subordinate to the overall land uses permitted in the city. While allowing certain uses within the city, general performance standards have been established. This is intended to assure maintenance and preservation of the established rural character of the city by preserving agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses. B. Uses Allowed by Conditional Use Permit. In addition to the specific standards and criteria which may be cited below for respective uses, each application shall be evaluated based on the standards and criteria set forth in §§ 154.015 through 154.021 of this code. Uses allowed herein that are in existence within the city at the effective date of this chapter may continue the use as a permitted use. The following uses are conditionally permitted in the PF Zoning District: 1.Cemeteries, provided that: a.Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; and b.No mausoleum, crematorium, or other structure is permitted, except a 1-story tool or storage shed of 160 square feet floor maximum floor area. 2.Places of worship, provided that: a.Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; b.No use may exceed 235 gallons wastewater generation per day per net acre of land; c. No on-site sewer system shall be designed to handle more than 5,000 gallons per day; d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting; and e. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. 3. Facilities for local, county and state government, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; b. The use and location is consistent with the community facilities element of the Comprehensive Plan; and c. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive 4. Libraries and museums (public and private), provided that: a. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive; b. For private facilities, a plan is provided, together with a declaration and covenants to run with the title to the land, that prescribes perpetual maintenance, insurance and ownership responsibilities for all facilities and land area; and c. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial. 5. Public and private schools (except licensed day care), provided that: a. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive; and b. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial. 6. Historic sites and interpretive centers, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial; and b. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive. C. Uses Allowed by Interim Use Permit. The keeping of horses in conjunction with churches provided that: 1. The keeping of horses does not constitute a feedlot per Minn. Rules. 2. The property is directly adjacent to only Agricultural (A) and Rural Residential (RR) zoned properties that are not developed as open space preservation subdivisions. Roadways shall be considered an adequate buffer. 3. Evidence is provided to show adherence to all livestock and horse regulations in city code. D. Accessory Uses and Structures. Uses and structures, which are clearly incidental and subordinate to the principal permitted uses and structures. All exterior materials of accessory structures must be the same as those of the principal structure. E. Minimum district requirements. 1. District requirements in PF Zoning District. District Requirements in PF Zoning Districta With Structure Without Structure Maximum Parcel Area 20 N.A. Lot Width – Minimum: 100 Feet N.A. Lot Depth – Minimum: 150 Feet N.A. Primary Structure Setback from Property Line Front – Minimum: 50 Feet N.A. Side (Interior) – Minimum: 50 Feet N.A. Side (Corner) – Minimum: 50 Feet N.A. Rear – Minimum: 50 Feet N.A. Accessory Structure Setback from Property Line Front – Minimum: 50 Feet N.A. Side (Interior) – Minimum: 50 Feet N.A. Side (Corner) – Minimum: 50 Feet N.A. Rear – Minimum: 50 Feet N.A. Principal Structure Height - 50 Feet – Structure Side Walls Not N.A. Maximum to Exceed 3.5 feet Accessory Structure Height - Maximum 35 Feet – Structure Side Walls Not to Exceed 18 Feet N.A. Unoccupied Structure Above the Highest Point of the Roof 25 Feet - Septic Drainfield Regulations See §§51.002 through §§51.008 See §§51.002 through §§51.008 Signage See §§154.212 See §§154.212 a. Essential services shall be exempt from the minimum district requirements of the PF Zoning District. 2. Maximum lot area, buffer width and impervious coverage shall be in compliance with the following table: Maximum Parcel Areaa Buffer Width (Feet) Maximum Impervious Site Coverage 0 to 5 acres 50 39.5% 5.1 to 10 acres 100 38% 10.1 to 20 acres 150 35% a. Essential services shall be exempt from the buffering requirements of the PF Zoning District. F. Performance standards. 1. Generally a. Architectural Standards i. It is the purpose and intent of the city, by the adoption of the performance standards of this division (F), to ensure commercial buildings constructed within the city are of a high quality of exterior appearance, consistent with the terms of Non-Residential Development Policy #5 of the 2000-2010 Lake Elmo Comprehensive Plan. It is the finding of the city that a limited selection of primary exterior surfacing materials meets this standard of quality. ii. It is the further finding of the city that several specific exterior surfacing materials are appropriate, and of sufficient quality, to be utilized only as accent materials in varying percentages. The variations of percentage of specific accent materials relates to a finding by the city as to the relative quality and rural character of those respective accent materials. b. Architectural and Site Plan Submittals. New building proposals shall include architectural and site plans prepared by registered architect and shall show the following as a minimum: i. Elevations of all sides of the buildings; ii. Type and color of exterior building materials; iii. Typical general floor plans; iv. Dimensions of all structures; and v. Location of trash containers, heating, cooling and ventilation equipment and systems. c. Applicability – structure additions and renovation. i. Additions to existing structures resulting in an increase of gross floor area of the structure of less than 100%; and/or installation of replacement exterior surfacing any portion of an existing structure shall be exempt from the standards of this subdivision where it is found that the new or replacement exterior surfacing proposed is identical to that of the existing structure. ii. Where additions to an existing structure result in an increase in the gross floor area of the existing structure of 100% or greater, the entire structure (existing structure and structure addition) shall be subject to the standard of this subdivision. d. Performance standards – primary exterior surfacing. i. The primary exterior surfacing of structures shall be limited to natural brick, stone, or glass. Artificial or thin veneer brick or stone less than nominal 4 inches thick shall not qualify as complying with this performance standard ii. Primary exterior surface shall be defined as not less than 70% of the sum of the area of all exterior walls of a structure nominally perpendicular to the ground. All parapet or mansard surfaces extending above the ceiling height of the structure shall be considered exterior surface for the purposes of this division. Windows and glass doors shall be considered a primary surface, but the sum area of this glass shall be deducted from the wall area for purposes of the 70% primary/30% accent formulas of this section. Doors of any type of material, except glass, shall not be considered a primary exterior surface. iii. Each wall of the structure shall be calculated separately and, individually comply with the 70/30 formula. e. Performance Standard – Exterior Surfacing Accents. Not more than 30% of the exterior wall surfacing, as defined by division (F)(1)(d) above may be of the following listed accent materials, but no single accent material, except natural wood, may comprise more than 20% of the total of all accent materials; and no combustible materials shall be used: i. Cedar, redwood, wood siding ii. Cement fiber board; iii. Standing seam metal; iv. Architectural metal; v. Stucco; vi. Poured in place concrete (excluding “tilt-up” panels); vii. Architectural metal panels; and (Am. Ord. 97-172, passed 6-20-2006) viii. Porcelain or ceramic tile. f. Performance Standards – Accessory Structures. All accessory structures shall comply with the exterior surfacing requirements specified by this division. g. Performance Standard – HVAC Units and Exterior Appurtenances. All exterior equipment, HVAC and trash/recycling and dock areas shall be screened from view of the public with the primary exterior materials used on the principal structure h. Performance Standard – Visible Roofing Materials. Any roofing materials that are visible from ground level shall be standing seam metal, fire-treated cedar shakes, ceramic tile, clay tile, concrete, or slate. i. Applicability – New Construction. The standards of this division (F)(1) shall be applicable to all structures and buildings constructed in the city, on and after the effective date of this division. The performance standards of this division shall not be in any manner minimized by subsequent planned unit development plans or agreement. (Am. Ord. 97-168, passed 5-2-2006) 2. Parking. Each site shall be provided with off-street automobile parking as follows: a. Places of Worship. One space for each permanent and temporary 4 seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings and uses shall be subject to additional requirements that are imposed by the city code. b. Facilities for Local, County and State Government. One space for each 250 square feet of office area. Facilities as may be provided in conjunction with such buildings and uses shall be subject to additional requirements that are imposed by the city code. c. School, Elementary and Junior High (public or private). Three spaces for each class room. d. School, High School (public or private). One space for each 2 students. e. Historic Sites and Interpretive Centers, libraries, and museums (public or private). One space for each 300 square feet of floor area. 3. Landscaping. All yard area shall either be landscaped green areas or open and left in a natural state. Yards to be landscaped shall be landscaped attractively with lawn, trees, and shrubs in accordance with a plan prepared by a landscape architect. Areas left in a natural state shall be kept free of litter, debris, and noxious weeds. Yards adjoining any residential zone shall contain a buffer area consisting of berming, landscaping, and/or fencing for the purpose of screening noise, sight, sound, and glare. 4. Buffering. Where areas abut residential districts, a buffer area and setback in compliance with this division (F) is required. The buffer requirement shall be applicable to any interior parcel property line, and not applied to property lines abutting improved public streets. No public/private streets or driveways, or off- street parking facilities may be located in the buffer area. The buffer area shall be completely defined and designed, and approved by the city prior to all final city approvals for construction on site. Prior to the issuance of a building permit or commencement of any improvements on site, the owner shall provide the city with a financial security for a minimum of 24 months unless a shorter term of security is specifically approved by the City Council, approved by the City Attorney, to assure construction of the buffer area. All landscaping shall comply with § 151.070. 5. Signage. All signs shall comply with § 151.121 of this Code. 6. Lighting. All lighting shall comply with §§ 150.035 through 150.038. 7. Traffic. All applications for a building permit responsive to the requirements of this section shall include a detailed report, certified by a registered engineer, demonstrating the extent of and quantitative impact on public roads from forecasted traffic of the use, based on ITE average daily and peak hour/event traffic. Forecasted traffic generation within the design capacity of an impacted public street, as determined by the City Engineer, shall be the primary determinant for approval of the site plan. (Am. Ord. 97-62, passed 9-5-2000; Am. Ord. 97-192, passed 6-19-2007; Am. Ord. 97-204, passed 12-11-2007) Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. Adoption Date This Ordinance No. _____ was adopted on this 19 day of January, 2016, by a vote of _ Ayes and _ Nays. _________________________________ Mayor Mike Pearson ATTEST: _________________________________ Clark Schroeder Interim Administrator This Ordinance No. __-___ was published on the ___ day of ____, 2016.