HomeMy WebLinkAboutPlanning Commission Resolution 474-96
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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 of2.5 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-l
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.
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Planning Commission Resolution No. 474-96
October 9, 1996
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
does hereby recommend adoption of Ordinance No. 590 as shown in Exhibit "A" attached hereto
and made a part of this resolution by this reference.
BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward
this resolution to the City Council prior to approval of the minutes.
Adopted this 9th day of October, 1996.
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Jerry Peter/on, hairman
ATTEST:
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Pamela Sheldon, Community Development Director
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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:
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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,
shall be measured from the appropriate lot line. The lettered footnotes correspond
to Section 1104.01 Subd. 3. a.. b.. c.. and d.
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Front Yard Side Yard Rcar Yard
District1
Minimum Minimum When Abuts Minimum When Abuts
Residential Residential
R-l 30 a.do lOb. 304.
R-2 30 a.do lOb. 30g.
R-3 30 lOco 20 c. 30 40
R-4 30 20c. 20 c. 30 50
R-5 -- As required under Chaptcr 1110.05 of this Titlc --
lLettcred footnotes in this table correspond to Section 1104.01 Subd. 3. a.. b.. c., and d.
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Ordinance No. 590
Pagc 2
R-Q 30 20 c. 20c. 30 50
B-1 30 cl:- 1 () c. 20c. 20 30
B-2 30 cl:- IO c. 20 c. 20 30
Front Yard Sidc Yard Rear Yard
Districe
Minimum Minimum When Abuts Minimum When Abuts
Residential Rcsidcntial
B-3 30 cl:- 10 c. 20 c. 20 40
B-4 30 cl:- IO c. 30 30 40
1-1 40 cl:- 20c. 40 40 40
PUD -- As rcquircd undcr Chapter 1120 of this Title --
a.
Where adjacent stl uctUl es principal buildings in existence on lots within the same
block on the same side of the street have front yard setbacks different from those
required, the minimum front yard setback for any new principal structures shall be
within the IalIge of the setbacks of the adjacent stwctUles. the minimum front yard
setback in existence for anyone lot. Ifthele is only one adjacent stwctUle, the
fIOnt yald setback sllall be within the Ialige of tIle Iequiled setback of thirty feet
(3D') and tlle setback of the adjacellt stwctule. In no case shall the front yard
setback be less than thirty feet (30'). For purposes of this subsection a.. a block
shall be defined as that group of lots lying along a street between the two closest
intersecting streets. except that where the length of the street frontage between the
two intersecting streets is greater than fourteen hundred (1400) feet. the block
shall be the lots within six hundred and fifty (650) feet on either side of the lot in
question. or to an intersecting street whichever is less.
b. Not less than thirty feet (30') from the lot line iflot is on corner and the lot line
abuts a street. , and on intel iOI lilies, a five foot (5') setback on the gal age side fol
the gal age stwctUle is allowed. The side setback may be reduced to five feet (5')
between an interior side lot line and that side of a principal building which is
constructed as a garage. Where an attached garage is placed between five feet (5')
and the ten foot (10') side yard setback which applies to principal buildings. that
portion of the garage at ten feet (10') or less to the side lot line shall not be
converted into living space or another use.
c. Not less than thirty feet (30') from lot line iflot is on corner and lot line abuts a
street.
d. Vehicle palking or loading docks shall not be located within tIle miliinlUm requiled
setback.
d. Where a lot is a through lot. the minimum setback for principal buildings from the
lot line abutting the street at the rear of the lot shall be the same as the front
setback.
2Lettercd footnotes in this table correspond to Section 1104.01 Subd. 3. a., b., c., and d.
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Ordinance No. 590
Page 3
Section 3. Section 1104.01 Subd. 4. Is hereby amended to read as follows:
Subd.4. Locatioll to Driveway. Dtiveway surfaces shall be not less than five feet (5')
flom any lot lille, except wheIe said dIiveway provides access to a public stIeet.
'With tlle wlitten peIIuission of the adjacent plOperty owneI, temporary parking
surfa.ces IHay be witllin five feet (5') but not less t11an one foot (1') fIOll1 allY lot line.
The combined width oftempOlary parking and dIiveway surfaces sllall hot exceed
thiIty five feet (35').
Subd.4. Minimum Setbacks for Accessory Buildings. Driveways and Parking Areas
a. Accessory Buildings (detached from a principal building):
ill R-l. R-2. R-3. R-4. R-5 and R-O:
(ill front: no accessory building shall be located between the front line
of the principal building and the front lot line
{Q} side: five feet (5') except the minimum setback sh'all be 30' from any
lot line abutting a public street
if) rear. including street frontages at the rear of through lots: five feet
(5')
ill All other districts:
front: no accessory building shall be located between the front line
of the principal building and the front lot line
{Q} side: same as principal building
(ill
if) 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
Q.Q.1.
b. Driveways: Driveway surfaces shall have a minimum setback offive feet (5') from
any lot line. except driveways shall be permitted to cross a required setback area in
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 ofa
parking area shall conform to the setbacks required for parking areas.
~ Parking Areas:
ill R-l. R-2. R-3. R-4. R-5. R-O:
{ill
residential uses:
five feet (5'). except in the R-l 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
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Ordinance No. 590
Page 4
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. The combined
width of parking and driveway surfaces shall not exceed thirty five
feet (35'). (Ord. 524. 2-22-93) Surfacing of temporary parking
areas shall be in accordance with Section 1121.09 Subd. 7.
.(Q} non-residential uses:
five feet (5') except where non-residential uses abut property in a
residential district. the setback for parking areas from the common
property line shall be as follows:
ill for sites having two and one-half (2.5 ) acres or less:
twenty feet (20')
121 for sites having more than two and one-half(2.5) acres:
thirty feet (30')
Parking areas in existence as (date of ordinance) . and which
do not conform to the provisions of this subsection. may continue
subiect to the provisions of Section 1123.02 Subd. l(b).
ill B- L B-2. B-3. 8-4 (parking areas and loading docks):
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front: 30 feet
side and rear: 5 feet, except where a non-residential use abuts a
property in a residential district. the setback for parking areas from
the common property line shall be as stated in Section 1104.04
Subd. 4.c.1.b.
ill 1-1 (parking areas and loading docks):
W front: 40 feet
.(Q} side and rear: 5 feet, except where a non-residential use abuts a
property in a residential district. the setback for parking areas from
the common property line shall be as stated in Section 1104.04
Subd. 4.c.1.b.
Section 4. Section 1104.02 Subd. 2. is hereby amended to read as follows:
Subd. 2. Lot -Areas Dimensions: Lot din.ehsiohs width and area shall not be less than the
following:
a. Width
(1)
(2)
R-l interior lot
R-1 corner lot, R-2, R-3, R-4, R-O
75 feet
1 00 feet
b.
Square feet Minimum Lot Area
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Ordinance No. 590
Page 5
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(I-l/2)
times the frontage in computing lot area.
(I)
(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
proiect and as controlled by an individual and/or ioint ownership:
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Ordinance No. 590
Page 6
District/Type of Lot Minimum Lot Size Minimum Lot Area
(in square feet) Pcr Dwclling Unit
(j~l1ar~ fectl~_
R-l Interior 11,000 ] 1.000 (no more than one unit
Single Family Detached per lot regardlcss of lot sizc)
R -1 Corner Lot ] 2,500 12.500 (no more than one unit
Single Family Detachcd per lot regardless oflot size)
R-1. R-2. R-3. R-4. R-5 43.560 (1 acrc)
Non-residential uses listed as
conditional uses. except for
governmental and public
utilitv buildings and
structurcs necessary for the
hcalth. safety and general
welfare of the community
R-2. -12,500 for lot developed with single- 12.500 for single family dctached
Singlc Family Detached: Two family detached dwelling: dwellings (no morc than one unit
Familv Attached Dwellings - 6.250 for each half of divided lot pcr lot rcgardlcss oflot size)
developcd with two-family dwelling: 6.250 for each unit in a two-
-12.500 for undividcd lot dcveloped with family dwelling (no more than
two-family dwelling two units pcr lot rcgardless oflot
size
R-3. R-4 singlc family detached: 11,000
Single Family Dctachcd: two-family: 6,250
Two Familv Attachcd: to\\'nhousc: 6,500
Townhouses. Condominiums. multiple family: 2,500
Planned Unit Developments.
Multiple F!!l}1ily~
1:1 43,560 (1 acrc)
B-1. B-2. B-3. B-4 no minimum: must allow for setbacks and
parking requirements to be met
(a)
(b)
(c)
1 ],000 squale feet
12,500 squale feet
1 acre
R-] inteI iOI lot
R-1 corher lot, R-2, R-J
I-I
(4) Lot alea per dwelling unit. (The lot aJea pel dwelling unit
I equilenlents fol towhllouses, cOhdominiums and planned uhit
developluents sllall be calculated on the basis on tile total area in
tIle plojeGt ahd as cOlltIOlled by alI individual andjoiht ownelsllip.)
(a)
(b)
Sihgle Falilily
Two-Family
] ],000 squaI e feet
G,250 squal e feet
3 See Section 1104.01 Subd 2.b.(3) and (4).
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Ordinancc No. 590
Pagc 7
(c)
(d)
Townhouse
Multiple-f,ullily
6,500 squale feet
2,500 squal e feet
f51ill 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
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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').
.Q." Minimum lot area shall be no less than one (1) acre. or as provided in
Section 1104.02 Subd. 2.b.(3).
c:-d. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 1103. 08t6} 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. 08t6} of this Title.
e:-[ 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 (l)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.
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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').
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Ordinance No. 590
Page 8
Minimum lot area shall be no less than one (1) acre. or as provided in
Section 1104.02 Subd. 2.b.(3).
e:-d. No less than forty (40) square feet of outside play space per child shall be
provided and that such space be suitably fenced and/or screened in
accordance with conditions as may be specified by the City Council.
c.
d:-~ Adequate off-street parking and access is provided in compliance with
Chapter 1121 of this Title.
e:-[ Adequate off-street loading and service entrances are provided in
compliance with Chapter 1122 of this Title.
fg" The site and related parking and service entrances shall be served by an
arterial of collector street of sufficient capacity to accommodate the traffic
which will be generated.
g:-b.,. All signing and informational or visual communication devices shall be in
compliance with the Mounds View Sign Code.
h:i. The provisions of subdivision 1125.01(1).e. of this Title are considered and
satisfactorily met. (1988 Code ~40.11)
Section 8. Section 1109.04 Subd 2. and Section 1110.04 Subd. 8 are hereby amended to
read as follows:
Subd. 2. in Section 1109.04
Subd. 8. in Section 1110.04
Nursing homes and similar group housing but not including hospitals, sanitariums or
similar institutions; provided, that:
a. Side yards double the minimum requirements established for this District
and are screened in compliance with Section 1003.08 1103.08(6) 1103.08
of this Title.
b. Minimum lot area shall be no less than one (1) acre. or as provided in
Section 1104.02 Subd. 2.b.(3).
b:-c. Only the rear yard shall be used for play or recreational area. Said area
shall be fenced and controlled and screened in compliance with Section
1003.08 1103.08(6) 1103.08 of this Title.
C:"d" The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
d:-~ All signing and informational or visual communication devices shall be in
compliance with the Mounds View Sign Code.
e:-[
All State laws and statutes governing such use are strictly adhered to, and
all required operating permits are secured.
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Ordinance No. 590
Page 9
On off-street loading space in compliance with Chapter 1122 of this Title is
provided.
g:-h. The provisions of subdivision 1125.01 (l)e of this Title are considered and
satisfactorily met.
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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
hot be closer than five feet (5') to any lot line. 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 sllall be not less than five feet (5') 60111 allY lot line.
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:
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General: Any structure or use lawfully existing prior to a zoning use cllange
revision to this Code or a change in a zoning district designation which makes the
structure or use nonconforming shall not be enlarged but maybe continued at the
size and in the manner of operation existing upon such date, except as hereinafter
specified or subsequently amended.
Ou Parking Areas for Non-Residential Uses. Allowed by Conditional Use Permit. in
the R-L 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.
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Ordinance No. 590
Page 10
Read by the City Council of the City of Mounds View this _ day of
,1996.
Read and passed by the City Council of the City of Mounds View this _ day of
,1996.
ATTEST:
Jerry Linke, Mayor
APPROVED AS TO FORM:
Chuck Whiting, City Clerk-Administrator
Robert Long, City Attorney