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HomeMy WebLinkAbout08-05-2009 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA August 5, 2009 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. June 17, 2009 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the minutes.) 5. Planning Cases A. DE2009-001, TX2009-001 and CU2009-002 Consideration of a Development Review, Zoning Code Amendment and Conditional Use Permit to allow a car wash at “The Station” Applicant: Leon Theis, The Station Address: 2280 County Road I 6. Other Planning Activity A. Review Accessory Building Code Amendment 7. Next Planning Commission Meetings: A. August 19, 2009 B. September 2, 2009 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. July 1, 2009 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 1, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. July 1, 2009. ______________________________________________________________________________ 2. Roll Call Members Present: Chair Stevenson; Commissioners Cramblit, Lang, Miller, and Rundle. Absent and Excused: Commissioner Meehlhause and Walsh-Kaczmarek. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page 2008 Comprehensive Plan Update 2 Code Amendments 2 _____________________________________________________________________________ 3. Approval of Minutes June 3, 2009 MOTION/SECOND: Commissioner Lang/Commissioner Cramblit. To approve the minutes of the June 3, 2009 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission July 1, 2009 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activity A. 2008 Comprehensive Plan Update Planning Associate Heller indicated that city staff has been working on the 2008 Comprehensive Plan update which was due to the Metropolitan Council at the end of 2008. However, due to delays beyond the control of city staff, the Metropolitan Council has granted Mounds View an extension to submit the update by May 1, 2009. She indicated staff submitted the proposed plan update to the Metropolitan Council on April 30, 2009 and after their initial review, the Met Council determined the plan update was incomplete. Planning Associate Heller indicated staff has made the revisions and felt the changes were substantial enough for the Planning Commission to review and approve with a resolution. Chair Stevenson questioned some of the data on the Land Use Table in 5-Years stages. Planning Associate Heller stated these figures are minimums of the Metropolitan Council and staff changed this data to comply with Metropolitan Council. Commissioner Miller questioned the residential and commercial Mixed Use-PUD and asked if this redevelopment would be a Planned Unit Development (PUD). Planning Associate Heller stated it would probably be zoned PUD since Mounds View does not have a zoning district for mixed uses. She added with the submission of these changes the final approval of the Comprehensive Plan should come approximately in the fall or later. MOTION/SECOND: Commissioner Cramblit/Commissioner Miller. To approve Resolution 904-09; Approval of Revisions and Additions to the 2008 Comprehensive Plan Update; Special Planning Case No. SP-154-07. Ayes – 5 Nays – 0 Motion carried. B. Code Amendments Planning Associate Heller stated there are two code amendments in front of the Planning Commission. These amendments were initially discussed at the May 20, 2009 meeting. The first amendment is for Section 1103.18 Satellite Dishes, and it was the intent of the Planning Commission not to regulate these too much, but added that they shouldn’t be located in the right- Mounds View Planning Commission July 1, 2009 Regular Meeting Page 3 ________________________________________________________________________ of-way. Staff had further discussion and suggested also not locating them in public easements and wetlands. MOTION/SECOND: Commissioner Miller/Commissioner Lang. To approve Resolution 905- 09; Approval of an Amendment to Chapter 1103 of the Mounds View Zoning Code to address 36 Inch or less diameter Satellite Dish Antennas. Ayes – 5 Nays – 0 Motion carried. Planning Associate Heller stated the second amendment is for Chapter 1106. This amendment addresses daycare centers being allowed in churches in R-1 Districts as a conditional use, and staff also included schools, public, semi-public type buildings. She added the language in Subdivision 8 is the requirements for a daycare center in other residential districts. She stated for a daycare center to exist in building of this nature, the applicant would need to go before the Planning Commission and City Council to obtain a Conditional Use Permit. Commissioner Miller questioned the number of children that could be in the daycare facility. Planning Associate Heller stated this would be regulated during the licensing process from Ramsey County. MOTION/SECOND: Commissioner Lang/Commissioner Cramblit. Resolution 906-09; Approval of an Amendment to Chapter 1106 of the Mounds View Zoning Code to Allow Daycare Centers as a Conditional Use in R-1 Districts in Public or Semi-Public Recreational Buildings and Neighborhoods or Community Centers, Public and Private Educational Institutions Limited to Elementary, Junior High and Senior High Schools and Religious Institutions, such as Churches, Temples and Synagogues. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. July 15, 2009 B. August 5, 2009 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:45 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Mounds View Planning Commission July 1, 2009 Regular Meeting Page 4 ________________________________________________________________________ Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: August 3, 2009 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Zoning Code Amendment, Conditional Use Permit and Development Review for a Car Wash at “The Station,” located at 2280 County Rd I: Planning Cases: TX2009-001, CU2009-002, and DE2009-001 Introduction The applicant, Leon Theis, owns the property and fuel station business at 2280 County Road I, known as “The Station.” Mr. Theis would like to add a car wash to his existing fuel station in order to compete with the three other fuel stations in Mounds View which all have car washes. The Station property is zoned B-2, Limited Business, and all of the other fuel stations in the city are zoned B-3, Highway Business. Currently the city code only allows car washes as a conditional use in B-3 or higher zoning districts. Background Prior to 2007, fuel stations were also only allowed in B-3 or higher zoning districts. The Station was built in 1959 as “Gulf” and existed until two years ago as a legal nonconforming use. In 2007, in order to bring the fuel station into compliance, Mr. Theis purchased additional property so that his parcel would meet the minimum fuel station lot size and applied for a zoning code amendment to allow small “neighborhood fuel stations” as a conditional use in B-2 districts. Recognizing that “The Station” is a much smaller, non- chain, neighborhood-based fuel station, both the Planning Commission and City Council preferred to amend the code to allow this type of small fuel station in B-2 districts rather than rezone the property to a more intense use. By bringing the fuel station into conformance, Mr. Theis was then able to expand his business and add two more fuel pumps. Zoning Code Amendment Staff is proposing that the City Council amend the Zoning Code to allow a car wash in a B-2 zoning district as a conditional use. Staff has drafted the proposed addition to Chapter 1113, using the same language for car washes as stated in the B-3 zoning district. 1113.04: CONDITIONAL USES: The following are conditional uses in a B-2 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): The Station staff report August 5, 2009 Page 2 Subd. 8. Car washes (drive through, mechanical and self-service); provided, that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the Director of Public Works/City Engineer. c. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. d. Each light standard island and all islands in the parking lot shall be landscaped or covered. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. f. The entire area, other than occupied by the building or plantings, shall be surfaced with material which will control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the Director of Public Works/City Engineer. h. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Section 1103.09 of this Title. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Director of Public Works/City Engineer. j. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code 1 . k. Provisions are made to control and reduce noise. l. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. 1 See Chapter 1008 of this Code. The Station staff report August 5, 2009 Page 3 Conditional Use Permit Discussion Section 1113.04 of the amended Zoning Code would conditionally allow car washes in B-2 districts. The applicant would like to add a car wash to his fuel station, and is applying for a conditional use permit assuming that the City Council approves the code amendment. CUP Considerations With every Conditional Use Permit application, Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to; relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area, traffic, adequate utilities and access roads and the demonstrated need for such a use. Each of these potential adverse effects is reviewed and addressed below. Relationship with the Comprehensive Plan: The Comprehensive Plan encourages the expansion of existing businesses and introduction of new businesses within Mounds View when compatible with surrounding uses. The Station is surrounded by a variety of zoning designations and land uses, which include single family residential, high density residential, a church, office space, and a neighborhood grocery store. If the City approves the requested zoning code amendment, this CUP could be in line with the Comprehensive Plan “neighborhood commercial” land use designation. The Geographical Area Involved: This business is located on County Road I, where it has operated as a fuel station for 50 years. County Road I is the City’s only other commercial corridor aside from County Highway 10. Depreciation: The Station has been a neighborhood fuel station in Mounds View for many years. The owner is happy doing business in Mounds View and wants to remain here and wants to improve his business and property. It is unlikely that The Station is depreciating the area in which it is located and it is unlikely that a car wash would further depreciate the area. Approving a conditional use permit for a car wash, which would be an accessory use to the fuel station, will not change the current use of the property, nor should it change the neighborhood property values. The Character of the Surrounding Area: This area of Mounds View has a variety of housing types, a church, and a few small neighborhood businesses. The Station is located on County Road I, which is a busy 4-lane road running through the city and is near Pinewood Elementary and the I-35W connections. The character of this area should not change with the addition of a car wash. A concern with this proposal would be the noise from the car wash and the close proximity of multi-family housing. The Station’s property does not directly abut any housing, but there are three apartment buildings (8 units each) one lot to the west of The Station. There are 2 garages and Fedor’s Market surrounding the car wash which should block much of the noise from getting to the apartment buildings. The Station is not open 24 hours a day and the car wash would not be open all night. Staff proposes to limit the car wash hours of operation to the noise ordinance hours, which are 7am to 10pm. The Station staff report August 5, 2009 Page 4 Traffic: There is some traffic around The Station, particularly during the weekday rush hours, due to County Road I being a main thoroughfare of the City and the close proximity to I-35W. The Station does produce customer traffic, but it has not been a problem from a public safety standpoint. The traffic in the area would likely only change a small amount with the addition of a car wash. The owner anticipates that he will have a small increase in customers since if one wants a car wash, they could now come to The Station, where previously they would have had to go to one of the other gas stations in the City. There will be curbing and signage directing traffic into the car wash, which would then exit straight onto Adams Street. Adequate utilities and access roads are available: The water and sewer lines that currently serve the property have adequate capacity to provide for the needs of the fuel station and possibly for the car wash. If more water is necessary, the City’s water main pipes have more than enough water available to supply a car wash. The Station is located on a corner and has ample access on to both streets, particularly on to Adams Street where there is no curbing and the entire parking lot blends into the street. The public works department has reviewed the proposed plans and has no issues. At the time of the reconstruction project for Adams Street (scheduled for 2011 or 2012), the lack of curbing and curb cuts into this site will be addressed. The Demonstrated Need for Such a Use: The owner of The Station wants to improve his business and be able to compete with the other three gas stations in the City that all have car washes. The City of Mounds View supports our existing businesses and wants them to remain in our community and prosper. Development Review Discussion Parking: According to the City’s parking code requirements, this facility would be required to provide parking according to the following schedule: • Motor fuel station: At least four off-street spaces • Retail store: At least one off-street parking space for each 100 square feet of retail floor area plus one per employee • Car wash (motor fuel station car wash): zero spaces in addition to that required for the fuel station With The Station’s previous planning requests, staff determined that this site would be required to provide 18 parking stalls. There are currently 8 parking spaces in front of the retail building, 8 vehicle spaces at the fuel pumps, and 13 spaces behind the building. The site plan shows 18 spaces behind the retail building, more than is currently provided. Staff believes that the amount of parking available is more than adequate. The Station staff report August 5, 2009 Page 5 Setbacks: The car wash would be setback 10 feet from the south property line, 30+ feet from the west property line, and 40 feet from the east property line. All setbacks meet city code requirements. The front of the car wash will face Adams Street and have the same front setback as Fedor’s Market, which is next door. The unique issue is that Fedor’s building is directly on their north property line, which means there will only be 10 feet between the car wash and Fedor’s. Traffic: With the proposed car wash, the applicant does anticipate an increase in traffic since customers who would have had to go to another gas station for a car wash could now come to The Station. The bigger issue will be having vehicles “stacking” or lining up, on the site while waiting to get into the car wash. This could be problematic at busy times since most of the site is asphalt and the east side flows directly onto Adams Street with no curbing. Keeping the waiting car wash traffic lined up correctly and not blocking other vehicles or the fire lane will be important. The applicant must ensure that the car wash entrance and stacking aisle, directions for traffic flow and exit are well marked. Development Review Summary Leon Theis, owner of “The Station,’ is requesting plan approval to construct a detached 25 foot by 40 foot (1,000) square foot car wash at 2280 County Road I. Such an addition would bring more tax base to the community, and the additional service would allow the business to better compete with the other fuel stations in the city. No additional parking stalls would be required with this addition. Public Feedback Staff mailed notices regarding this planning case to all property owners within 480 feet of 2280 County Road I informing them of the proposed actions and the Planning Commission meeting date. As of Friday, July 31, 2009, staff has not received any comments. Deadline for Action The City accepted this planning application on July 16, 2009 and in accordance with MN Statute 15.99, the City shall make a decision within 60 days of application acceptance. The deadline for action for this request is September 14, 2009. Recommendation Staff has drafted one resolution for the code amendment, and one resolution for both the Conditional Use Permit and Development Review requests. The Planning Commission may take one of the following actions: 1. Approve all three planning actions as requested. Resolutions 907-09 and 908-09 are attached for your consideration if you should choose this option. 2. Deny the requests. To consider this option, the Commission will need to direct staff to prepare a resolution with findings of fact to support the denial recommendation. 3. Table action on the request. This option would be appropriate if the Planning Commission should need additional information or more input before a decision can be made. The 60-day deadline is September 14, 2009. The Station staff report August 5, 2009 Page 6 Respectfully Submitted By, Heidi Heller Planning Associate Attachments: 1. Aerial View 2. Site Plan 3. Zoning Map 4. Photographic Documentation 5. Resolution 907-09 for a Zoning Code Amendment 6. Resolution 908-09 for a Conditional Use Permit and a Development Review Aerial View The Station (SW corner of County Road I & Adams Street) wants to build a car wash. It would go on the south side of their property– the white square is the approximate location. Traffic would enter the car wash on the west side of the building and exit the east side of the building straight out to Adams Street. County Road IThe Station Apartments- 3 buildings FedorsCar Wash locationCross of Glory Church Adams St. Site Plan Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential The Station Photographic Documentation The Station – east side The car wash would be located here. The garage has almost the same setback from the south property line as the car wash would have. The garage is about 9 feet wider than the car wash is proposed to be. Fedor’s building is right on their north property line MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 907-09 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1113 TO ADD CAR WASHES AS A CONDITIONAL USE IN B-2 ZONING DISTRICTS PLANNING CASE NO. TX2009-001 WHEREAS, the Mounds View Planning Commission recommends the following conditional use be added to Chapter 1113.04 of the Mounds View Zoning Code to read as follows: Subd. 8. Car washes (drive through, mechanical and self-service); provided, that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the Director of Public Works/City Engineer. c. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. d. Each light standard island and all islands in the parking lot shall be landscaped or covered. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. f. The entire area, other than occupied by the building or plantings, shall be surfaced with material which will control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the Director of Public Works/City Engineer. h. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Section 1103.09 of this Title. Resolution 907-09 Page 2 i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Director of Public Works/City Engineer. j. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code 2 . k. Provisions are made to control and reduce noise. l. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. WHEREAS, the Mounds View Planning Commission concurs that this amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1113 of the Mounds View Zoning Code to add Car Washes as a conditional use. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of August, 2009. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Kenneth Roberts, Community Development Director (SEAL) 2 See Chapter 1008 of this Code. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 908-09 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW FOR A CAR WASH AT “THE STATION,” 2280 COUNTY ROAD I, PLANNING CASE NOS. CU2009-002 AND DE2009-001 WHEREAS, Leon Theis, owner of “The Station,” located at 2280 County Road I, has requested a Conditional Use Permit and Development Review to add a Car Wash to the subject property; and, WHEREAS, the subject property is legally described as follows: That part of Lot 1, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet; That part of Lot 2, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet and north of the south 49 feet; That part of the south 49 feet of Lot 2, Block 4, Spring Lake Park Highlands, lying east of the west 70 feet. Ramsey County, Minnesota. Subject to a drainage and utility easement over the north 10 feet thereof, and over the east 10 feet thereof, and over the south 5 feet thereof. PIN 083023120088 WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Aerial Map 2. Proposed Site Plan 3. Zoning Map 4. Photographic Documentation WHEREAS, the Planning Commission held a public meeting about this request on Wednesday, August 5, 2009; and, WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the Planning Commission is to consider the possible adverse effects of the proposed Conditional Use Permit and Development Review, and shall make a finding of fact related to its review of the requests. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact regarding the Conditional Use Permit request as required by the Mounds View Zoning Code: 1. The request for a conditional use permit to allow a car wash at The Station, which is zoned B-2, should not negatively impact or depreciate the adjacent properties due to the primary use of the property not changing. Resolution 908-09 Page 2 2. The property currently has 29 parking spaces, well above the required 18 spaces. The site plan shows that the property owner could add more parking spaces if necessary. 3. The applicant has demonstrated a need for the conditional use permit, in order to expand his business and better compete with other nearby fuel stations that have car washes. 4. There does not appear to be any adverse effects associated with the proposed conditional use permit and development review for a car wash. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends approval of the development review for the addition of a car wash at The Station, 2280 County Road I, subject to the following conditions: 1. The City Council approving the proposed code amendment to allow car washes in a B-2 zoning district (Chapter 1113 of the city code). 2. The car wash hours of operation shall be limited to the hours of 7am to 10pm. 3. The car wash building must have a similar design and color scheme to the existing retail building. 4. The property owner shall maintain the area of land between the car wash and neighboring building. The area must be kept free of long grass, junk or debris. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of fact, the Mounds View Planning Commission recommends approval of the conditional use permit for the motor fuel station, subject to the following condition: 1. The conditional use permit shall be considered null and void if not acted on within one year. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of August, 2009. ________________________________________ Gary Stevenson, Chairperson Attest: ________________________________________ Kenneth Roberts, Community Development Director (Seal) Item No: 6A Meeting Date: August 5, 2009 Type of Business: Other Planning Activity Administrator Review: ______ City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Proposed Code Amendment, Ordinance 828 (Accessory Buildings) Introduction: Community Development staff has been making a list of code amendments that the City should make. This report is an update on one of the proposed code amendments (Accessory Buildings). Background: On July 27, 2009, the City Council considered the first reading of six different ordinances for amendments to the City Code. The Council gave four of the proposed ordinances first reading and delayed taking action on the other two – Ordinance 828 (about accessory structures) and Ordinance 832 (about day care centers in institutional buildings). The Council asked staff to research further the issues and concerns related to the two ordinances that they did not act on. On August 3, 2009, the City Council is scheduled to discuss again Ordinance 828 (Accessory Buildings) during their work session. City staff will provide the Planning Commission an update of the Council’s discussion and direction at their meeting. Discussion: The attached memo went to the City Council for their August 3, 2009 Work Session. Please review the memo for the latest information and for the proposed ordinance. Recommendation: Staff recommends that the Planning Commission review and discuss Ordinance 828 and provide staff with direction about the proposed ordinance. Respectfully submitted Ken Roberts - Community Development Director Attachment: ORDINANCE 828 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1102, 1104 AND 1106 OF THE MOUNDS VIEW ZONING CODE ABOUT THE DEFINITION OF BUILDING HEIGHT, THE MAXIMUM ALLOWED ACCESSORY BUILDING HEIGHT, AND REQUIRED ACCESSORY BUILDING SEPARATION DISTANCE THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1: Chapter 1102 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1102.02, Definitions: Subd. 12. Building Height. Building height is to be measured from the average established curb level or from the average ground level at the building line, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof and to the mean distance of the highest gable on a pitched or hipped roof to the highest roof surface. SECTION 2: Chapter 1104 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1104.02, Subd. 3, Height Limitations: f. The height of any accessory building or structure shall not exceed 20 feet or that of the principal structure, whichever is less. SECTION 3: Chapter 1106 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1106.03, Subd. 1. Accessory Uses: b. Accessory building shall not exceed fifteen twenty feet (20’) or that of the principal structure, whichever is less, in height and shall be five feet (5’) or more from all lot lines of adjoining lots. Accessory buildings 120 square feet or under shall be three feet (3’) or more from any other building or structure on the same lot. Accessory buildings over 120 square feet shall meet the minimum fire separation distance as required by the Minnesota State Building Code. Ordinance 828 Page 2 SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on __________, 2009. Second Reading and Adoption by the Mounds View City Council on __________, 2009. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson, Clerk-Administrator (seal)