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HomeMy WebLinkAbout10-09-1996 PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting October 9, 1996 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 The Mounds View Planning Commission was 1. Call to Order called to order by Acting Chair Stevenson at 7:03 p.m. on October 9, 1996. MEMBERS PRESENT: Commissioners 2. Roll Call Johnston, Miller, Brooks, Obert, Brasaemle and Acting Chair Stevenson. (Chair Peterson had an excused absence.) • ALSO PRESENT: Community Development Director Sheldon, Planning Associate Ericson and Recording Secretary Benesch. This meeting was called to order to discuss 3. Consideration of Special Project Case No. SP-008-96. Director Resolution No. 474-96 Sheldon began the discussion by explaining Recommending to the this case concerns a request by a property City Council Adoption of owner in Mounds View for an ordinance Ordinance No. 590, amendment. The applicant, Dan Moon, was Amending the Zoning present. Director Sheldon noted that this item Code, Title 1100 had been discussed by the Planning Commission on several occasions. She stated that this item related to setbacks between parking lots that serve churches and other non- residential uses and adjacent residential property. The original request by Mr. Moon was 15 feet; the City's current requirement is 5 feet. Director Sheldon continued by saying that an ordinance had been drafted which not only addressed that issue but additional items as well. She stated that Staff is recommending, based in part on the Planning Commission's Mounds View Planning Commission October 9, 1996 • Special Meeting Page 2 conversation at the last meeting, that the dimensions for the parking lot setbacks be 20 feet for sites of 2.5 acres or less and 30 feet for sites over 2.5 acres. She continued by stating that the other major item in the ordinance had to do with site sizes for non-residential uses in residential districts and that Staff is recommending site sizes be increased to one acre. Director Sheldon noted that after Planning Commission's review of the proposed ordinance, Staff is recommending that this ordinance be forwarded to the City Council with a recommendation of approval to keep within the 120 day time frame for action on this item. The Planning Commission then reviewed the • proposed ordinance and made some minor changes. Commissioner Miller was concerned with Item (b) on Page two, noting that there are usually two side yards, and (b) says not less than 30 feet from the lot line if the lot is on the corner. Commissioner Miller inquired if we needed to identify what side yard we are taking about? Director Sheldon noted that (b) does refer back to the chart, but that it is the same side yard that abuts the street. The Planning Commission discussed minimum setbacks for accessory structures such as sheds, fences and garbage enclosures on through lots in residential districts and it was a consensus that the City would, for the time being, continue with its current practice of not requiring them to have a front yard setback off the street in the rear of the lot. They were also concerned if the ordinance was changed to the thirty foot setback, would the existing structures in Mounds View be considered legal non- • conforming uses? They also discussed accessory buildings in non-residential districts. Mounds View Planning Commission October 9, 1996 • Special Meeting Page 3 The ordinance proposes prohibiting accessory buildings in front of the principal building and a ten foot minimum from the rear property line for a building of 864 square feet or less. The Planning Commission directed that the size of the building be reduced to 400 square feet. It was decided, under Parking Areas, to place the R-1 and R-2 districts separate from the remaining residential districts. Commissioner Miller noted on Page three, item (b), should read, of five feet (5') from any elf lot lines...". Director Sheldon went on to Page 4 noting that the only correction is adding the 15 foot parking setback from the street in all zoning districts • over B-1 and it was noted that there would be several non-conforming uses with the proposed 15 foot setback. The Planning Commission decided to remove this addition from the proposed ordinance. It was also discussed whether this setback should be added if it is a parking lot for a multiple family building (currently there is a five foot setback). The Commissioners were concerned with some of the fourplexes located in the City that would be in non-compliance. It was decided that they would leave it at 5 feet for now and may address this issue at a later time. On Page 6, in the table, R-3 Townhouses, was moved down to be included with the R-4 section. It was also discussed whether or not to add "twin home" to the section with duplexes. On Pages 7 and 8, in Section 6, minimum lot area of not less than one acre was added for non-residential uses as conditional uses in . certain districts of not less than one acre. Mounds View Planning Commission October 9, 1996 • Special Meeting Page 4 Page 9, Section 11, concerns parking areas for non-residential uses. Director Sheldon noted that this is the section where they are trying to work out something for the non-conforming parking lots and would like residents to be able to use their existing parking lots unless when they go to remove the driveway or reconstruct it, if they can move the driveway to meet the new requirement and not lose their required parking, they would need to do so. Some corrections were noted to the proposed resolution as follows: on Page 1, the second to last line met should read "meet", the paragraph above that should end with an ";and" and in the 4th whereas replace the word "improvements" with "changes". Motion/Second: Brasaemle/Miller to approve Resolution No. 474-96 recommending to the City Council adoption of Ordinance No. 590, an ordinance amending the Mounds View Zoning Code, Title 1100, as amended. It was also noted that the wording, "BE IT FURTHER RESOLVED that this resolution be forwarded to the City Council prior to approval of the minutes", be added. Commissioner Johnston inquired as to how Ms. Sheldon came up with the 2-1/2 acre figure for lot area and Director Sheldon replied that it was based on the City's existing church sites. 6 ayes 0 nays Motion Carried There being no further business before the 4. Adjournment Planning Commission, Acting Chair Stevenson adjourned the meeting at 7:47 p.m. • Mounds View Planning Commission October 9, 1996 • Special Meeting Page 5 Respectfully submitted, PAAM-4/(AL- J1 Pamela Sheldon Community Development Director • • MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 474-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING TO THE MOUNDS VIEW CITY COUNCIL ADOPTION OF ORDINANCE NO. 590,AN ORDINANCE AMENDING THE MOUNDS VIEW ZONING CODE, TITLE 1100, SECTIONS 1102.01, 1104.01, 1104.02, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11, and 1123.02; PLANNING CASE NO. SP-008- 96. WHEREAS, residential districts allow for certain non-residential uses such as schools, day care centers, community centers, churches, and nursing homes as conditional uses, and additional buffering is needed between the parking lots associated with these uses and adjacent residential uses; and, WHEREAS, the Mounds View Planning Commission has reviewed the request of Danny D. Moon for an amendment to the Mounds View Zoning Code to require a setback of fifteen feet for parking lots for churches and commercial uses, where such parking lots abut property in a residential district; and, • WHEREAS, in reviewing this request, the Planning Commission has concluded that setbacks of twenty feet, for parking lots on sites of 2.5 acres or less, and thirty feet, for parking lots on sites of more than 2.5 acres, where such parking lots serve non-residential uses and abut property in a residential district, is advisable to allow sufficient landscaping and buffering between residential properties and non-residential uses; and, WHEREAS, in reviewing this request, the Planning Commission has identified additional changes needed in the Zoning Code including establishing a minimum lot size for non-residential uses in residential districts, clarifying when and how front setbacks for new residences in the R-1 and R-2 districts shall be adjusted based on the setbacks of existing residences in the same block, clarifying and establishing setback requirements for accessory buildings, clarifying setback requirements from"second fronts" on through lots, increasing parking lot setbacks from streets for multiple family residential, commercial and industrial uses, and adding cross-references; and, WHEREAS, with the adoption of increased setbacks for parking lots abutting residential properties, it is advisable to address the continued use of existing parking lots which do not conform to the revised setback requirements, and the ability to repair and resurface them; and, WHEREAS, the Planning Commission recommends provision be made for existing parking lots which would not meet the new setback requirements to be treated as legal non- conforming uses. Mounds View Planning Commission Resolution No. 474-96 Exhibit "A" • ORDINANCE NO. 590 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO SETBACKS FOR PARKING LOTS, DRIVEWAYS,AND PRINCIPAL AND ACCESSORY BUILDINGS; MINIMUM LOT AREA FOR NON-RESIDENTIAL USES LISTED AS CONDITIONAL USES IN RESIDENTIAL DISTRICTS; THE CONTINUED USE OF NONCONFORMING PARKING LOTS; AND AMENDING TITLE 1100, SECTIONS 1102.01, 1104.01, 1104.02, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11,AND 1123. 02 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1102.01 is hereby amended to add a new Subd. 88. "Principal Building" as stated below, and the subsequent subdivisions in this section are to be renumbered • accordingly. Subd. 88. Principal Building: The main or primary building containing the principal use of a property as distinguished from an accessory building. Section 2. Section 1104.01 Subd. 3. Is hereby amended to read as follows: Subd. 3. Setbacks for Principal Buildings: The setback distances listed in the table below apply to principal buildings, except as otherwise provided for conditional uses in specific zoning districts. All setback distances shown, as listed in the table below, to Section 1104.01 Subd. 3. a., b., c., and d. Front Yard Side Yard Rear Yard District' Minimum Minimum When Abuts Minimum When Abuts Residential Residential R-1 30 a.d. 10 b. 30d. R-2 30 a.d. 10 b. 30d. R-3 30 10 c. 20 c. 30 40 R-4 30 20 c. 20 c. 30 50 • RR=5 --As required under Chapter 1110.05 of this Title-- 1Lettered footnotes in this table correspond to Section 1104.01 Subd. 3. a.,b.,c.,and d. Ordinance No. 590 Page 3 • Section 3. Section 1104.01 Subd. 4. Is hereby amended to read as follows: from any lut lure, exu pt where said driveway plovidcb ac.ess to a public street. . . . • . •• • .. • .1 • •• • .1 • . thirty five-feet-Oft Subd. 4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas a. Accessory Buildings (detached from a principal building): W R-1, R-2, R-3, R-4, R-5 and R-O: (a) front: no accessory building shall be located between the front line of the principal building and the front lot line (b) side: five feet (5') except the minimum setback shall be 30' from any lot line abutting a public street (c) rear, including street frontages at the rear of through lots: five feet (5') (2) All other districts: • (a) front: no accessory building shall be located between the front line of the principal building and the front lot line (b) side: same as principal building (c) rear: same as principal building, except accessory structures having 400 square feet or less and not abutting property in a residential district or a street, may have a minimum rear setback of ten feet (10'). b. Driveways: Driveway surfaces shall have a minimum setback of five feet (5') from order to establish access between the lot and a public street. Where a driveway would encroach into an easement, the property owner shall obtain approval for an encroachment permit if required by the appropriate authority prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. e. Parking Areas: (1) R-1, R-2, R-3, R-4, R-5, R-O: (a) residential uses: five feet (5'), except in the R-1 and R-2 districts, temporary parking • areas shall be permitted with a setback of one foot (1') provided the owner(s) of the abutting lot(s) indicates his/her permission on a form acceptable to the City. Where a temporary parking area Ordinance No. 590 Page 5 411 (1) Computations for lot area shall not include land beyond a depth of one hundred fifty feet (150') on lots having less than one hundred foot(100') frontage. (2) Lots having equal to or greater than one hundred foot (100') frontage may use depths not exceeding one and one-half(1-1/2) times the frontage in computing lot area. (3) Minimum lot size area requirement shall be as stated in the table below. The lot area per dwelling unit requirements for townhouses, condominiums, planned unit developments and multiple family developments shall be calculated on the basis of the total area in the project and as controlled by an individual and/or joint ownership: • • Ordinance No. 590 Page 7 • (c) Townhouse 6,500 square feat (5)(4) Usable Open Space: Each multiple-family dwelling site shall contain at least six hundred twenty five(625) square feet of usable open space as defined by subdivision 1102.02(109) of this Code for each dwelling unit contained therein. Section 6. Section 1106.04 Subd. 1 and Section 1110.04 Subd. 2 are hereby amended to read as follows: Subd. 1. in Section 1106.04 Subd. 2. in Section 1110.04 Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary,junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues; provided, that: a. Front yard depths shall be a minimum of thirty five feet (35'). b. Side yards shall be no less than thirty feet (30'). e. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02 Subd. 2.b.(3). • cd. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103.08(6)of this Title. d-e. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting • residential uses in compliance with Section 1103.08(6)of this Title. e f. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title. fg, The provisions of Subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Section 7. Section 1107.05 Subd. 2 and Section 1110.04 Subd. 7 are hereby amended to read as follows: Subd. 2 in Section 1107.05. Subd. 7 in Section 1110.04. Day care, group nursery; provided, that, a. No overnight facilities are provided for the children served. Children are delivered and removed daily. • b. The front yard depth shall be a minimum of thirty feet (30'). Ordinance No. 590 Page 9 II/ fg On off-street loading space in compliance with Chapter 1122 of this Title is provided. Th. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Section 9. Section 1121.09 Subd. 11 is hereby amended to read as follows: Subd: 11. Curbing and Landscaping: Except for single-family, two-family and townhouses (in developments of six units or less), all open off-street parking shall have a perimeter curb barrier around the entire parking lot_;said-curb-barrier shall . • • . . The location of this curb barrier shall comply with the setback requirements for parking areas stated in Section 1104.01 Subd. 4. Grass, plantings or surfacing materials shall be provided in all areas bordering the parking area. Section 10. Section 1121.11 Subd. 3 is hereby amended to read as follows: Subd. 3. Accessory off-street parking Tall be Hot less than five feet(5')&om any lot lime: shall comply with the required minimum setbacks as stated in Section 1104.01 Subd. 4. Section 11. Section 1123.02 Subd. 1 is hereby amended to read as follows: Subd. 1. Continuance of Use: • Laj General: Any structure or use lawfully existing prior to a zoni revision to this Code or a change in a zoning district designation which makes the structure or use nonconforming shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended. (b) Parking Areas for Non-Residential Uses, Allowed by Conditional Use Permit, in the R-1, R-2, R-3, R-4 and R-5 Districts: Parking areas in existence as of , and having setbacks which are non-conforming with respect to setback requirements stated in Section 1104.01 Subd. 4, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the ordinance in effect at the time of original construction, except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development. •