HomeMy WebLinkAboutStaff Report on Zoning Code Amendments
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STAFF REPORT
DATE: 2-12-2024
Item#: – Public Hearing
Motion
TO: Planning Commission
FROM: Nathan Fuerst, AICP, Consulting City Planner
AGENDA ITEM: PUBLIC HEARING - Zoning Text Amendment – Housekeeping Items
(part II)
REVIEWED BY: Sophia Jensen, City Planner
Jenni Faulkner, Bolton and Menk Senior Consulting Planner
BACKGROUND:
In the process of preparing Ordinance No. 2024-03 to make corrections on zoning ordinance
housekeeping issues, staff identified two more corrections that were determined necessary but not
part of the public hearing and review process for this Ordinance.
ISSUE BEFORE THE PLANNING COMMISSION:
The Planning Commission is being asked to hold a public hearing and make a recommendation to
the City Council on the proposed amendments to the City’s Subdivision Regulations and Zoning
Code.
PROPOSAL DETAILS:
City Subdivision Regulations and Zoning Code Sections under review:
• 103.00.160 (Subdivision Regulations - Required Improvements; Financial
Arrangements)
• 105.08.100 (Zoning Code – Security Escrow for Construction)
• 105.12.260 (Zoning Code – Permits, Certificates and Licenses)
ANALYSIS OF PROPOSALS:
Proposed language is underlined. Deleted language is shown with a strikethrough.
103.00.160(i)(Subdivision Regulations – Required Improvements; Financial Arrangements):
The intent of these amendments is to create consistent language relating to the release of
development securities. The proposed language is already the City’s policy relating to the release
of securities.
Proposed Language:
(i) Developers agreement/security. Subsequent to approval by the council of a final plat and before execution by
the city of the final plat or other appropriate forms of city approval, the developer shall:
(1) Enter into a developer's agreement whereby developer shall undertake performance of the
obligations imposed by this title, or by council condition, and containing the other terms and
provisions and in the form as shall be acceptable to the city attorney, including, but not limited to,
provisions for default; and
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(2) Submit a letter of credit or cash deposit (security) which guarantees completion of all improvements
within the times specified by the city engineer. The amount of the security shall be 125 percent of the
estimated construction cost of the improvements. The security shall be in the form and contain the
other provisions and terms as may be required by the city engineer and city attorney. The
developer's registered engineer shall make, and submit for approval to the city engineer, a written
estimate of the costs of the improvements in order for the city to determine the amount of the
security required. Reduction of security shall be as outlined per the development agreement.
(3) The security shall be returned upon successful completion of the following:
a. Compliance with the state building code;
b. Compliance with the city code; and
c. Compliance with requirements of the development agreement as determined by the city.
105.08.100 (Zoning Code – Security Escrow for Construction): The intent of these changes is
to simplify the process for single- and two-family projects, or other small residential commercial
or industrial projects (for example, minor additions or alterations), that do not trigger an automatic
requirement for a grading permit, site improvement agreement, or development agreement. The
changes also provide more clarity on requirements and procedures for the release of the financial
security.
Proposed Language:
(a) Security escrow. A security escrow in an amount established by the city's fee schedule or building official
shall be paid before a building permit is issued for the construction of all new single and two-family
residential structures and site work for other construction related projects that do not require a grading
agreement, site improvement agreement, or development agreement as required by Sections 103.00.160 or
105.12.260 of the City Code. structures and other significant construction related projects at the discretion
of the city. The security shall be returned to the applicant upon the successful completion of the following:
(1) Compliance with the state building code;
(2) Compliance with the city Code; and
(3) Compliance with specified requirements as determined by the building official.
(a) Form. The city will accept a security escrow in the form of cash or a letter of credit in the form approved by
the City Attorney.
(b) Purpose. The security may be used at any time for the remediation of construction or development site
improvement-related damage or debris on and around the site and for other violations of the city Code,
including, but not limited to, unpaid fees, unpaid fines, unpaid contracted service fees, erosion control, street
maintenance, boulevard repair and restoration, and landscaping. If the security items, landscaping, or
building exterior, are not completed within six months of start of construction, excluding the time between
November 1 and April 1, or upon the builder filing bankruptcy, or if the job is abandoned for 30 days or
more, the city may enter the lot, perform the work, and apply the security toward the cost, plus administrative
fees.
(c) Action against the financial security. The city shall use the security to finance remedial work undertaken by
the city, or a private contractor under contract to the city including a fee to the city for processing equal to
ten percent of any contractor's invoice for materials and services, to reimburse the city for all costs incurred
in the process of remedial work, including, but not limited to, staff time, engineering fees and attorney's fees.
(d) Maintenance of financial security. If at any time the financial security is drawn upon, the applicant may be
required to submit additional security to restore the security to the full amount as originally established.
Restoring the full security is a requirement prior to resuming work on the site. The city maintains the right to
stop all site/building work until the financial security has been replenished.
(e) Release of financial security. The financial security shall be in place at the city’s discretion until all work is
completed, including the building final inspection and all site work and landscaping or other requirements
including all punch list corrective items identified through city inspections.
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105.12.260 (Zoning Code – Permits, Certificates and Licenses): The intent of these
amendments is to correct standard references and language in Table 11-2.
Proposed Language:
(a) Building permits.
(1) Compliance. A building permit is required for the construction or structural alteration of a building
or any part thereof. Other construction activity may require a permit in accordance with the state
building code. Demolition, wrecking or removal of any structure shall require a demolition or
moving permit. No building permit shall be issued for any construction, enlargement, alteration or
repair, demolition or moving of any building or structure on any lot or parcel until all requirements
of the state building code as adopted by the city pursuant to LEC Chapter 105.08 have been fully
met.
(2) Concurrent applications. If the proposed development requires a zoning amendment, variance or
conditional use permit, or other permit required under this article, the applicant shall secure all
required permits prior to the issuance of a building permit for said development.
(3) Administrative review of permits for existing platted lots. If the proposed development does not
involve a zoning amendment, variance or conditional use permit, and proposes a use, structure or
expansion of an existing structure on an existing platted lot, the director of community development
may review the application and authorize the building official to approve or to deny the permit.
(4) Expiration. All building permits shall expire pursuant to Minnesota Rules Part 1300.0120,as it may
be amended from time to time. Any building permit issued by the city shall expire and by limitation
be null and void if a certificate of occupancy and final completion has not been issued within the
following applicable period of time after the date of permit issuance:
a. Single-family residential dwellings, including new construction, remodeling or additions:
12 months;
b. Multifamily and nonresidential construction: 12 months, unless a longer time is specified
by the city council at the time the original permit is issued;
c. Extension. The building official may grant an extension prior to the expiration of any
building permits in accordance with state building code. An expired building permit may
be reissued once, by the building official, for one-half the original permit fee. Thereafter, if
the permitted work is not completed within the applicable time period, a new permit may be
issued only upon such conditions as the city council by resolution may prescribe, including
financial guarantees to guarantee completion by a specified date;
d. Time limitations for exterior work. All exterior work shall be completed as follows:
1. All disturbed and exposed ground shall be covered with landscaping in
accordance with LEC 105.04.080 through LEC 105.04.160.
2. All exterior construction, including siding, roofing, doors, windows and finish
shall be completed and present a finished appearance within six months of the
start of construction. Tar paper, unfinished plywood, fiberboard insulation, foam
insulation, brown coat or scratch coat of stucco, plastic sheeting and other similar
materials not designed to be an exterior finish shall not be considered an
acceptable exterior finish. Extensions for weather-sensitive work may be granted
by the building official.
3. Failure to complete exterior work as required herein shall result in suspension of
the existing permit until a reinstatement fee equal to 100 percent of the original
building permit has been made. Reinstatement of a building permit does not
extend the original term of the permit. The reinstatement fee shall also be paid
prior to re-issuance of any subsequent permit for exterior work that was not
completed under a prior permit that expired.
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(b) Certificate of zoning compliance. A certificate of zoning compliance is a zoning permit that is intended as a
means of administratively reviewing a new use, change in use, or structural change that does not require a
building permit.
(1) When required. A certificate of zoning compliance or other city issued permit is required for the
following activities:
a. A new use classification within an existing building or structure;
b. A change of use classification within an existing building or structure;
c. Addition, removal or change in parking or other on-site improvements including patios;
d. Small accessory structures that do not require a building permit;
e. Swimming pools;
f. Tennis courts, sport courts, or other similar improvement;
g. Antennas, including amateur radio antennas and wireless communications facilities that
meet the criteria for administrative review in LEC 105.04.240(c);
h. Fences six feet and less in height;
i. Driveways that are not authorized as part of an approved building permit;
j. Stormwater management activities and structures not otherwise permitted as part of a
development application;
k. Other situations or improvements requiring additional review or interpretation, as
specified elsewhere in this article.
(2) Expiration of a certificate of zoning compliance. Where a certificate of zoning compliance use has
been established and is discontinued for any reason for a period of one year or longer, the
certificate of zoning compliance shall become null and void.
(c) Certificate of occupancy. No vacant land shall be occupied or used and no buildings hereafter erected,
altered or moved shall be occupied until a certificate of occupancy has been issued by the building official.
Such certificates shall show that the building or premises or part thereof and the use thereof are in
conformity with the state building code and the provisions of this chapter. Such certificate shall be issued
only when the building or premises and the use thereof conform to all the requirements of the city Code. A
temporary certificate of occupancy shall not be issued in the growing season, unless otherwise approved by
the building official.
(d) Sign permit. A sign permit shall be authorized for a sign that conforms to the sign regulations in LEC
105.12.430. An application, on a form provided by the director of planning, shall be submitted with the
required fee by the owner of the proposed sign. The director of planning shall issue a sign permit if all of the
regulations in LEC 105.12.430 are met.
(e) Special event permit. A special event permit may be issued for certain events for activities or events not
otherwise permitted under the zoning ordinance in accordance with LEC 11.04.070.
(f) Grading permit.
(1) Required. A permit shall be required for all non-agricultural projects or activities that will result in
the movement of more than 50 cubic yards of earth or the disturbance of more than one-half acre of
land, and for construction of a building or structure on steep slopes, as specified in LEC
105.12.1230(c)(7)e. The director of planning community development director may issue a grading
permit only if the grading plan meets the requirements of the city stormwater management and
erosion and sediment control ordinance.
(2) Public hearing. All grading and excavating applications, for the purpose of creating wetlands,
berming, landscape amenities, and other natural features that result in the moving of more than 400
cubic yards of material per acre of site area shall require a public hearing.
(3) Grading Agreement. A grading agreement, in the city’s standard form of agreement, and approved
by the City Attorney, shall be executed for all non-single family or two-family projects requiring a
grading permit.
a. Grading agreements shall require financial securities, in an amount determined by the city
on a case by case basis, and to ensure the proper completion and implementation of site
restoration, tree preservation, and erosion controls.
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b. Grading agreements shall require escrowed funds for engineering review, administration,
and inspections.
c. Grading agreement provisions may be included within a development agreement
associated with a plat or subdivision or included within a site improvement agreement, in
which case, a separate grading agreement is not required.
(g) Site Improvement Agreement. A site improvement agreement, in the city’s standard form of agreement, and
approved by the City Attorney, is required for any project that contains construction work that includes
public improvements, including, but not limited to, public utilities, streets, trails, sidewalks and boulevards,
and to ensure private site work, including erosion control, stormwater management and landscaping,
whether public or private, are completed as required by the City.
(1) The site improvement agreement must be executed prior to issuance of a building permit.
(2) Site improvement agreements shall require financial securities in the estimated amount of the
required site improvements to ensure the proper completion and implementation of site restoration,
tree preservation, public improvements, erosion controls, and other site work.
(3) Site improvement agreements shall require escrowed funds for engineering review, administration,
and inspections.
(4) Site improvement agreement provisions may be included within a development agreement
associated with a plat or subdivision, in which case, a separate site improvement agreement is not
required.
PUBLIC HEARING:
A notice of public hearing was published in the City’s official newspaper on February ___, 2024.
No public comments have been received at the time of writing this report.
FISCAL IMPACT:
None.
OPTIONS:
• Recommend approval of the proposed amendments.
• Recommend changes to the proposed amendments.
• Recommend denial of the proposed amendments.
RECCOMENDATION:
Staff recommends the Planning Commission recommend approval of the proposed text
amendments as presented by Staff.
“Motion to recommend approval of the proposed text amendments as presented by Staff”
ATTACHMENTS:
• None