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HomeMy WebLinkAbout10-18-2006 Planning Commission PacketAlr CM IF LAKE ELtO City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 Www.LakeEimo.Ora NOTICE OF SPECIAL MEETING The City of Lake Elmo Planning Commission will conduct a meeting on WEDNESDAY, October 18, 2006, at 6:30 p.m. in Council Chambers at City Hall. /-Commissioners, please, bring last section of Zoning Ordinance mailed to you. AGENDA Pledge of Allegiance 1. Agenda Approval 2. Zoning Ordinance 3. Adjourn MEMO (October 13, 2006 for the Meeting of October 18, 2006) To: Lake Elmo Planning Commission From: Kelli Matzek, Assistant Planner Subject: Zoning Code Rewrite Please bring your packet from the October 11 `h meeting. We will discuss those items in addition to the following topics: • Building Relocation • Day Care Nursery Facilities • Essential Services • Model Homes/Temporary Real Estate Offices • Animals The next meeting will be held on Monday, October 23"' at 7:00 p.m. At that time we will hopefully be discussing the following topics: • Antennas • Public Property / Right -of -Way • Land Filling and Exc/Grading Operations • Specialized House DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 Building Relocation 154.360 Review Process 154.361 Performance Standards Home Occupation Pulling Existing Text Day Care Nursery Facilities 154.400 Purpose 154.401 Application 154.402 Declaration of Conditions 154.403 General Provisions 154.404 Inspection Sign Regulations Pulling Existing Text Essential Services 154.450 Purpose 154.451 Conditional Use Permit Required Model Homes/ Temporary Real Estate Offices 154.460 Purpose 154.461 Special Requirements 154.462 Procedure Animals 154.480 154.481 Keeping Animals Animal Restrictions BUILDING RELOCATION (Taken from 505.05 Moving Buildings into City.) 505.05 MOVING BUILDINGi INTO CITY. 154.360 REVIEW PROCESS. (A) Application. Prior to moving a building or structure which will be located or relocated within the city, a moving conditional use permit must be obtained from the City Council. Accessory buildings containing. one hundred twenty square feet in gross floor area or less shall be allowed without issuance of a conditional use permit. but shall comply with all other provisions of this Chapter. The application for a moving permit shall include the following information: (1) A performance bond in an amount set forth by the Council based on a written recommendation of the Building Official, City Attorney, and/or City Planner; G- 1 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 (Am. Ord. 9706, passed 5-20-1997) (2) A certificate of insurance which indicates that the applicant has obtained liability coverage and property damage coverage in an amount set forth by the Council based on a written recommendation of the Building Official, City Attorney, and/or City Planner; (Am. Ord. 9706, passed 5-20-1997) (3) Photos of all sides of the building or structure; (4) A complete description of the building or structure including its age and physical condition; (5) A site plan; (6) A percolation test for the site in the city on which the building will be located or relocated; (7) An application fee.set forth from time to time by Council resolution; (8) A written approval from utility companies, (9) Proof of ownership of site in.city on which the building will be located or relocated (10) Proof of state license for house and building moving; and TlN3 r©quired fee. 4,103) {B) Inspection. The Building Inspector shall inspect the building or structure for which thepermit is requested before and after it is moved. Applicant shall reimburse the city for expenses incurred by the Building Official in order to inspect a building or structure located beyond the borders of the city. The expense reimbursement shall be made before issuance of the moving permit. (D) (C) Review procedure. (1) The completed application shall be submitted to the Planning Commission along with recommendations of the Building Official. The Planning Commission shall conduct a hearing on the application preceded by at least 10-days mailed notice to all property owners within 350 feet of the building location site. The Planning Commission shall make its recommendation to the City Council within 40 days after the completed application has been referred to the Planning Commission. If the Planning Commission recommendation is not received within the required time, the Council may take action without the Planning Commission's report. G-2 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 (2) The Council may grant or deny the application or table it in order to obtain additional data necessary to make a reasonable decision. The Council may require that the applicant post a performance bond, letter of credit, or cash deposit, in a reasonable amount in order to insure that applicant completes those improvements which are required to be completed within 12 months of the date of the issuance of the moving permit. (1997 Code, § 505.05) Penalty, see § 10.99 154.361 PERFORMANCE STANDARDS. Standards. (A) Upon relocation, the building shall com l wi pywith the applicable requirements of the Minnesota State Building Code. (B) The proposed relocated building shall comply‘with the character of the neighborhood in which it is being relocated as determined by the City Council. (C) All improvements required to render the building or structure safe and suitable for occu . anc shall be completedprior to occu. anc. Except as otherwise allowed by the City Council, the relocated structure shall be ready for occunancy within six (6) months from the date of location on the site. (D) The relocated building or structure irr_pvcv d shall not result in a depreciation of neighborhood or adiacent property values. materially depreciate surroundi�rg property values. INSERT EXISTING HOME OCCUPATION CODE HERE DAY CARE NURSERY FACILITIHS 154.400 PURPOSE. The regulation of day care facilities in this section is to establish standards and procedures by which day care facilities can be conducted within the City without jeopardizing the health, safety and general welfare of the day care participants and/or the surrounding neighborhood. This section establishes the Citv's minimum requirements for the establishment and operation of a day care facility which are not -defined as permitted uses by State Statute or which are located in uses other than single family G-3 DRAFT Zoning Ordinance City of Lake Elmo October 18, 2006 Portion 20 homes. Dav care facilities other than those defined as permitted uses by State Statutes which operate in a single family dwelling as an accessory use shall be subject to Section 21145 of this Chapter and processed as a home occupation. 154.401 APPLICATION. Day care facilities shall be allowed by conditional use permit within all Commercial and Industrial Zoning Districts of the City and shall be subject to the regulations and requirements of Section 21015 of this Chapter. In addition to the City regulation, all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Human Services, as may be amended.. 154.402 DECLARATION OF CONDITIONS. The Planning Commission and City Council may impose such conditions on the granting of a day care facility conditional use permit as4i ay be necessary to carry out the purpose and provisions of this section. 154.403 GENERAL PROVISIONS. Day care facilities shall be allowed as a principal; use or as ,an accessory use, provided that the day care facilities meet all the applicable provisionof this section., (A) Lot Re9uirements and Setbacks. The proposed site for a day care facility as, a principal use shaf ave a minimum lot area as set forth in the respective zoning district. The City Council may increase the required lot area in those cases where such an increase is considered necessary to ensure comnatiblity of activities and maintain the public health, safety and general welfare. The day care facility shall meet the setback reauifements of the respective zoning district. (B) Sewer and Water. All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. (C) Buffering. Where an outdoor play area of a day care facility abuts any commercial or industrial use or zone, or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses, zones, or public rights -of -way., All of the required fencing and screening shall comply with the fencing and screening requirements of Section 21130.03 of this Chapter. (D) Parking. (1) There shall be adeauate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 21135 of G-4 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 this Chapter. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with Section 21130 of this Chapter. (2) When a day care facility is an accessory use within a structure containing another principal use. parking for each use shall be calculated separately for determining the total off-street ➢arkirl spaces required. An exception to this requirement may be granted by 4:, . ;; " in instances where no increase in off-street parking demand will result. (E) Off -Street Loading. Off-street loading space in compliance with Section 21135 of this Chapter shall be provided. (F) Signage. All signing and informational or visual communication devices shall be in compliance with Section 21155 of this Chapter. (G) Compliance with State Requirements. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly. 154.404 INSPECTION. The City hereby reserves the right upon issuing any day careacility conditional use permit to inspect the premises in which the occupation is being conducted to insure compliance with the provjsiops of this section or any conditions additionally imposed. SIGN REGULATIONS - PLACE EXISTING TEXT HERE ESSENTIAL SERVICES 154.450 PURPOSE. The purpose of this section is to provide for the installation of essential services such as telephone lines:'`' pipelines. electric transmission lines, substations, and accessories therewith in such a manlier that the health, safety. and welfare of the City will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services. 154.451 CONDITIONAL USE PERMIT REOUIRED. The following require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally. each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02. Subd. 5 and 21015.04 of this Chapter. G-5 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 (A) All transmission pipelines (i.e., pipelines not required for the City of Lake Elmo local distribution network), and overhead and underground transmission and substation lines. (B) All poles and towers used exclusively for the placement of radio receivers and transmitters. In addition to the conditional use permit standards and criteria set forth in Section 21015.02, Subd. 5 and 21015.04 of this Chapter, poles and towers shall comply with the standards for personal wireless service antennas set forth in Section 21175. (C) All communication lines, pipelines for distribution to individual properties within the City, and all, underground electric transmission lines, overhead utility lines, radio receivers and transmitters, and electric transmission lines, when installed in any location in the City, shall require a conditional use peiuiit subiect to the approval of the City Engineer and shall be processed according to the following:. (1) Prior to the installation of any of the essential services defined above, the owner of such service shall file with the City Engineer, all maps and other pertinent information as deemed necessary by the City Engineer for review of the proposed project. (2) The City Engineer shall document in writing the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions. (3) In considering applications for the placement of essential services, as regulated in this section, the City Engineer shall consider the effect of the proposed project upon the health, safety and general welfare of the City, as existing and as anticipated, and the effect of the proposed project upon the Comprehensive Plan. Additionally, radio transmitters and receivers accessory to an essential service may be located on existing utility poles or light standards within public right-of-way provide the radio transmitters and receivers comply with the following standards: (a) Radio transmitters and receivers located on a utility pole/tower or light standard shall be at least fifteen (15) feet above grade. (b) Radio transmitter and receiver devices shall not exceed eighteen (18) inches in length or width, or extend more than eighteen (18) inches from the pole. Antennas may not extend more than twenty-four (24) inches from the equipment. (c) The applicant shall submit a map prior to issuance of a permit showing the location of all proposed radio transmitters and receivers. The map shall be accompanied by a list of all sites referenced by the closest street address or property identification number. The list of sites must also describe the type of pole to be used. G-6 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 (d) The applicant shall notify the City of any changes to the approved list prior to erecting or placing any additional equipment in the right-of-way. (e) The applicant shall notify the City, at the time of permit application, of any obstructions that would cause traffic to be rerouted or stopped. (f) In addition to receiving the necessary Delimits and approvals, the City may require the applicant to enter into an encroachment agreement. (D) Upon approval of the City Engineer, a permit for the installation and operation of the applicant's essential services shall be issued. If the Engineer denies the permit, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures set forth in Section 21035 of this Chapter. (E) The City Engineer may deny a permit or attach conditions to the permit approval to protect the public health, safety and welfare, to prevent interferpire with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Engineer may consider one or more of the following factors: (1) the extent to which right-of-way space where the permit is sought is available; (2) the competing demands for the particular space in the right-of-way; (3)''the availabiliv of other locations in the right-of-way or in other rights - of -way for the equipment of the permit applicant; (4) the applicability of ordinance or other regulations of the right-of-way that affect location of equipment "iithe.right-of-way. (F) The permittee shall nftifv the City Engineer upon completion of the work specified in the permit. MODEL'HOMES/'1bMPORARY REAL ESTATE OFFICES 154.460 PURPOSE. The purpose of this section is to provide for the erection of model homes and temporary real estate offices in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment. G-7 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion. 20 154.461 PROCEDURE. The erection of a model home(s) and temporary real estate office(s) shall require approval of the City Council. 154.462 SPECIAL REQUIREMENTS. (A) Model homes and temporary real estate offices shall be allowed as provided for in the applicable zoning district in which they are located. Any such model home or temporary real estate office shall comply with the Minnesota Sta wilding Code. (B) Temporary parking facilities shall be provided on the site and shall include at least four (4) parking spaces per model home unit or temporary real estate office. Such temporary parking facilities shall provide handicap accessible parking and accessible routes as required by the Minnesota State Building Code. The overall design, clrpage, and svifac LLg of theeemporary parking facility shall be (C) Access from a temporary parking facility onto a local, residential street shall be minimized. Where this requirement is physically impractical, access shall be directed away from residential neighborhoods to the greatest extent possible. (D) No model home or temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in Section 21105.06 of this Chapter. (E) All model home and temporary real estate office signage shall comply with the sign regulations -as contained in Section 21155 of this Chapter. (F) The conditional use Hermit shall terminate three (3) years from its date of issuance or until eig htv-five (85)p ercent of the development is completed, whichever occurs first. (G) No residential occupancy permit shall be issued for a model home until such time as the structure has been fully converted to a residence. Such conversion shall include but not be limited to parking lot restoration and the removal of signage and lighting. (H) The restoration of all temporary parking areas with appropriate landscaping_ shall be completed by the end of the next growing season. (I) All criteria for conditional use consideration but not procedural requirements, as contained in Section 21020 of this Chapter, shall be considered and satisfactorily met. G-8 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 ANIMALS 154.480 KEEPING ANIMALS. The following animals may be kept in the City: (A) Domestic animals are allowed in all zoning districts, as regulated bv Chapter of the City Code. (B) Except as provided in the kt district, farm animals are prohibited in the City. Furthermore, any pen, pasture. paddock, feedlot or building designed to confine a farm animal shall be located not less than one hundred (100) feet away from any residential dwelling that is not owned or leased bv the person owning the farm animal. (C) For purposes of these regulations, the following animal equivalents apply: one slaughter steer, heifer or horse - 1.0; one mature dairy cow - 1.4; one swine over 55 pounds - .4; one sheep - .1; one turkey - .01; one chicken - .01; one duck -.02 For all other animals, the number of animal units shall be defined as the average weight of the animal divided by 1000 pounds.' (D) •(D) H ar Is -arid Nuiocnces. On parcels of less than forty (40) acres which are not part of a larger crop producing commercial agricultural farm, the keeping of horses, cattle, or other grazing animals on a site with less than two (2) acres of existing grazable land per animal is, by this section, declared to be a nuisance. No other domestic farm animals, livestock or commercial kennels shall be placed on any site of less than ten (10) acres.2 (E) The keeping of horses is an allowed use in the AG district provided: (1) Horses may be kept on any parcel larger than five (5) acres. (2) The number of horses does not exceed one (1) per acre unless a higher number is ganted by the issuance of an conditional use permit. E. Grazable Acres. Grazable acreage c L be nod pa open, non treed acreage e*oboive of the homesite`'and yard that k ccntly providing enough pWave or other agricultural crops capable of supporting summer grazing at a density of one (1) cow, or its equivalent, per tw'`o (2) acres. We a: os ju dictional wetlands or slopes over twelve percent (12%) DEFINE GRAZABLE ACREAGE IN DEFINITION SECTION ' Amended Ordinance 97-63 9-19-00 G-9 DRAFT Zoning Ordinance October 18, 2006 City of Lake Elmo Portion 20 (F) No animal feedlots shall exceed ten (10) animal units as defined by Minnesota Rules 7020.0300, Subp. 5. (G) Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. (H) Animals may not be kept t if they cause a nuisance as defined by the City Code or endanger the health or safety of the community. (I) Except as may be allowable by conditional use permit in the AG district, commercial dog kennels are prohibited in the City. (J) The keeping of wild animals shall be regulated in accordance with Section 915.29 of the City Code. 154.481 ANIMAL RESTRICTIONS. (Taken from 300.13 Design and Performance Standards — Restrictions on Nuisance and Hazardous ;Activities. Subd. 15 Livestock.) (A) Prohibition of Manure Deposition Without Safeguards. No manure or livestock waste shall be deposited, stored, kept or allowed to remain upon any site without reasonable safeguards adequate to prevent the escape or movement of the manure or wastes or a solution of the manure or wastes from the site which may result in pollution of any public waters or any health hazard. (B) Pollution Control Agency Standard Minimum Requirement._ All regulations imposed by the Minnesota Pollution Control Agency relating to keeping of livestock shall be adhered to and the regulations shall be considered the minimum safeguard necessary to prevent pollution of public water or creation of a health hazard. (C) Inadequate Safeguards. In case the Zoning Administrator shall find that any manure is stored or kept on any lot or storage site without a safeguard, or that any existing safeguard is inadequate, the Zoning Administrator may order the owner or other responsible person to immediately remove the manure from the storage site and refrain from further storage or keeping of any manure at the site unless and until an adequate safeguard is provided. G- 10