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HomeMy WebLinkAboutPL PACKET 01172006 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 104951 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 01172006 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA JANUARY 17, 2006 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. PLEDGE OF ALLEGIANCE. III. ROLL CALL. IV. APPROVAL OF MEETING AGENDA. V. MEETING MINUTES. VA Review and Approve Planning Commission Minutes of November 15, 2005 VI. COMMUNICATION WITH CITY COUNCIL. VIA No Designee Required. VII. PUBLIC HEARINGS. VII L None VIII. CONCEPT REVIEWS. VIII.1. VSI Construction - Proposal for Business Condos at lot adjacent to Tires Plus VIII.2. Ordinance Revisions Discussion a. Small Lots b. Swimming Pool Fence C. PUD IX. SPECIAL ORDER OF BUSINESS. IX.1. Nomination and Election of Chair and Vice-Chair X PUBLIC INPUT. Individuals may address the Planning Commission about any item not included on the Regular Meeting Agenda. Speakers are requested to come to the podium, state their name and address for the City Clerk's record and limit their remarks to five (5) minutes. HAP1anning\PC Agendas\2006\01172006 pc agenda.doc XI. INFORMATION AND DISCUSSION. XI.1. Residential Parking For Vehicles XI.2. Prairie Grasses X1.3. Accessory Dwelling Units XII. ANNOUNCEMENTS. XIII.ADJOURNMENT. H:\P1anning\PC Agendas\2006\01172006 pc agenda.doc r Planning Commission Meeting Minutes November 15, 2005 Page 1 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 November 15, 2005 6 7:00 p.m. 7 8 9 I. CALL TO ORDER 10 Chair Stromgren called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE 13 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL 16 Commissioners present: Chair Stromgren; Vice Chair Hanson; Commissioners Galyon, 17 Hoska, Jensen, and Jenson. 18 19 Absent: Commissioner Young. 20 21 Also present: Assistant City Manager Kim Moore-Sykes. 22 23 IV. APPROVAL OF AGENDA 24 25 Motion by Vice Chair Hanson, second by Commissioner Hoska, to approve the meeting agenda 26 as presented. 27 28 Motion carried unanimously 29 30 V. MEETING MINUTES 31 5.1 Review and A9nrove Planning Commission Minutes of September 20, 2005. 32 33 The Commission had the following corrections to the minutes: 34 35 Chair Stromgren had the following corrections: 36 • Page 2, line 36, reads: `Michael Freeburg,Pohlman Freese, stated that Mr. Reiners was not 37 able to attend this evening'; Should read: `Michael Freeburg, Welman, Sperides Architects, 38 stated that Mr. Reiners of Welman, Sperides Architects, was not able to attend this evening'. 39 • Page 10, Lines 2, 5 and 23,reads: `Wiltshire Park'; Should read: `Wilshire Park' 40 41 Motion by Vice Chair Hanson, second by Commissioner Jenson,to approve the meeting minutes 42 of the Planning Commission of September 20, 2005 as amended. 43 44 Motion carried unanimously 45 t Planning Commission Meeting Minutes November 15, 2005 Page 2 1 VI. COMMUNICATION WITH CITY COUNCIL 2 3 6.1 No Designee Required. 4 5 VII. PUBLIC HEARING 6 7 NONE 8 9 VIII. CONCEPT REVIEW 10 11 NONE 12 13 IX. PUBLIC INPUT 14 15 NONE 16 17 X. INFORMATION AND DISCUSSION 18 19 Vice Chair Hanson referenced the September 20, 2005 Concept Review for the redevelopment of 20 the Kenzie Terrace/Lowry Avenue commercial property noting that the minutes indicate that the 21 applicant was planning to return to present in October or November and asked if Staff has heard 22 anything from the applicant. 23 24 Ms. Moore-Sykes confirmed stating that she has not heard anything from the applicant. She 25 stated that today is the deadline for next month's agenda adding that she has not received 26 anything for next month either. 27 28 Chair Stromgren stated that if the applicant has met with Hennepin County to discuss the right- 29 of-way for Kenzie Terrace would the City be notified or involved in any way. 30 31 Ms. Moore-Sykes stated that the City would not be notified or involved in the process. She 32 stated that normally the developer would notify the City. She stated that she could try to get a 33 copy of the minutes from that meeting for their review. 34 35 10.1 Comprehensive Land Use Plan Update. 36 37 Ms. Moore-Sykes stated the City is scheduled to update the Comprehensive Land Use Plan by 38 December 31, 2008. She explained that it is a statutory requirement by the State of Minnesota 39 noting that the last time it was updated was in 1998. She stated that the last update was a huge 40 project noting that a Task Force was created that included stakeholders from the community, the 41 Planning Commission and City Council representatives. She stated that the City invited 42 considerable input from individuals who had an interest and stake in the City's land-use plan 43 noting that they also hired facilitators and planners as consultants to get the plan moving forward. 44 She stated that Staff does not believe that the update process would be as extensive this time 45 noting that this was a means to update the Planning Commission and the Community that this is r J Planning Commission Meeting Minutes November 15, 2005 Page 3 1 a process the City would be involved with over the next couple of years. She stated that the City 2 would probably hire a consultant to assist and will probably have help from the Metropolitan 3 Council representative and Staff. 4 5 Commissioner Jenson asked who would be responsible for updating the plan. 6 7 Ms. Moore-Sykes stated that Staff, the Planning Commission and possibly a task force would 8 work on the Comp Plan amendments, with the assistance of a consultant, and would then be 9 submitted to the Metropolitan Council for their review and approval. She stated that she has 10 included a full copy of the Comprehensive Plan for their review in addition to documents from 11 the Metropolitan Council that include their suggestions as to what items the City should review. 12 She stated that the Metropolitan Council is asking the City to address key changes in 13 transportation,water resources and parks policy plans. She stated that the Public Works Director 14 and City Engineer would also be involved in the process noting that it is Staff's plan to include 15 everyone who has information to contribute. 16 17 Chair Stromgren asked if the State requires a mandate or does Staff look at this as an entirely 18 new process or simply as an update process. 19 20 Ms. Moore-Sykes explained that Staff views this as an update to what the City already has 21 included noting that it has to be a comprehensive update that includes all projects. 22 23 Commissioner Jensen asked if part of the strategy would include getting the documents out to 24 Council early for their comments. 25 26 Ms. Moore-Sykes stated that Staff plans to get the information to Council early for review in 27 addition to surrounding jurisdictions and Counties so that they have input into the updates and 28 provide Staff with any comments. She indicated that this process is required anytime there is a 29 major amendment to the plan. 30 31 Chair Stromgren asked what the timetable is for the completion of the update process. 32 33 Ms. Moore-Sykes stated that this has to be completed by December 31, 2008. She stated that the 34 Finance Director is aware adding that this has been included in the budget process so that funds 35 are available when needed. 36 37 Vice Chair Hanson stated that this would probably be one of the top priorities for 2007-2008. 38 39 Ms. Moore-Sykes confirmed noting that Staff would initiate the discussions in 2006 and update 40 again in 2007. She stated that it should be completed at least six months before the deadline in 41 order to provide time for review. 42 43 Commissioner Jensen stated that given the outline of the Commission's work tasks and few areas 44 subject to redevelopment,he is sure that it could be completed by the end of next year and then 45 tweak it for 2007. He stated that he doesn't want to prejudge the process noting that a lot of the t, Planning Commission Meeting Minutes November 15, 2005 Page 4 1 systems for a built community are already in place and many of the improvements at the major 2 sites have occurred over the last five years. He stated that a lot of the major units are done noting 3 that the City would probably do better, on the consulting side, to have them finish their work in 4 2006 rather than get plugged up in 2007 or 2008. 5 6 Ms. Moore-Sykes agreed noting that this was the strategy that was employed in the mid-90's. 7 She stated that it was recognized that consultants do get busy and if the city can remain ahead of 8 the crowd, the costs are not as high. She stated that it is conceivable that the process could be 9 completed by 2007. 10 11 Commissioner Jensen noted that most of the implementation of any re-development sites would 12 be market-driven not Comprehensive Plan driven. He stated that they are already out with two 13 major RFP's and are seeing the fruits of the City's labor. 14 15 Chair Stromgren stated that because some of the major pieces have been completed more detail 16 could be included noting that it is possible that some of the priorities have now shifted and 17 should be updated. 18 19 Commissioner Jensen asked if the City of Minneapolis has offered up any of their designs for the 20 parkway, as it comes through St. Anthony's border, to review. 21 22 Ms. Moore-Sykes stated that she has not received any information except for a CD outlining the 23 38th Street area. 24 25 Commissioner Jenson asked if the new entrance to The Landings is an actual street. 26 27 Ms. Moore-Sykes stated that this used to be 38"'Avenue noting that it is her understanding that 28 they plan to rename it. She stated that it would probably be an interior,private road. 29 30 Commissioner Jensen referenced the Autumn Woods site and asked if there is any progress on 31 the Planning Commission's discussion as to whether the PUD ought to be a smaller size. 32 33 Chair Stromgren stated that this was an item that he wanted to bring up as a fourth item that the 34 Commission should continue to move forward on the ordinance updates. 35 36 10.2 Discussion of Community Design and Active Living in Ramsey County 37 38 Ms. Moore-Sykes stated that she recently attended a Ramsey County meeting on active living. 39 She explained that they discussed the development of safe walking routes, designing safe street- 40 crossings and creating safe recreational and physical activities for residents of all ages. She 41 stated that the plan is to use the physical structures currently in place by modifying it so that it is 42 more pedestrian friendly and safer for those individuals who choose not to use a vehicle to travel. 43 She explained that the concept evolves from the sustainable communities where one would work 44 and play within their community. She noted that this is more of a reduced-use adding that it was 45 a very interesting meeting and discussion. She stated that she has included the information Planning Commission Meeting Minutes November 15, 2005 Page 5 1 received from the meeting for their review. She reviewed the topics of discussion with the 2 Commission noting that topics included active living,what it is and why people should be more 3 involved. She stated that the current emphasis was on the high price of fuel and conservation 4 noting that they also discussed the physical benefits of walking and riding a bicycle. She stated 5 that they discussed creating safe neighborhoods and communities by walking through the 6 neighborhoods along with gathering for community activities at the local parks. 7 8 10.3 Process to Amend City Ordinance 9 10 Ms. Moore-Sykes stated that there was a request to discuss how ordinances are revised, changed 11 or added. She explained that in City Code, Chapter Two, Page 2.3 it discusses the process of 12 how ordinance resolutions and petitions are changed. She briefly reviewed the process with the 13 Commission stating that normally the process begins when Staff identifies the need for an update 14 and puts together the revised language; she then submits the proposed changes to the City 15 Attorney for review and revisions; and from there the proposed changes are either presented to 16 the Planning Commission for their review and recommendations, or if the proposed changes 17 come directly from Staff, City Council would have the opportunity to review and make their 18 recommendations. She stated that a public hearing would then be held. She explained that with 19 ordinances every revision has to be presented in writing and would receive three readings, which 20 is basically three public hearings before the City Council, with the exception of re-zoning or 21 other zoning ordinance amendments, which only require one reading or one public hearing. She 22 stated that this change was made a few years ago and explained that it makes it easier to pass re- 23 zoning issues for re-development projects. She stated that once the readings are done and the 24 changes are published in the City's legal newspaper, which is the Bulletin, it becomes official. 25 26 Chair Stromgren asked if it would be correct that there is no mandated or formal requirement on 27 the Planning Commission's review process in terms of public hearings because it is only a 28 recommendation. 29 30 Ms. Moore-Sykes confirmed. 31 32 10.4 Ordinance Updates 33 34 Chair Stromgren referenced Commissioner Jensen's mention of the discussions the Planning 35 Commission has had with regards to ordinance updates stating the Commission has reviewed a 36 number of issues that should be updated within the code. He reviewed noting that the issues 37 include PUD size and requirements; native plantings, lot size and redevelopment requirements. 38 He stated that the Commission would like this moved forward so that things are updated in a 39 timely manner. 40 41 Ms. Moore-Sykes stated that the Commission could submit their recommendations and she could 42 then submit their recommendations to the City Attorney for review. 43 44 Chair Stromgren stated that they do not have many issues to review and would not require a lot 45 of time. He stated that previously a sub-committee has been put together to review the issues Planning Commission Meeting Minutes ` November 15, 2005 Page 6 1 noting that this could be one way for the Commission to handle the review. He noted that 2 another way to address this would be through a Planning Commission work session. He stated 3 that if there is nothing for the Planning Commission to address at the December meeting that this 4 would be a good time for the Commission to meet in a work session. He suggested changing the 5 regular monthly Planning Commission meeting in December to a work session to discuss the 6 ordinance updates. 7 8 Ms. Moore-Sykes agreed that the work session would be a good idea noting that it would not 9 have to be a televised meeting. 10 11 Commissioner Jensen asked if there is a sense among the Commissioners that a PUD ordinance 12 that is for a larger sized property would have utilized the process. He asked if the process was 13 adequate or should it be tweaked to address the smaller-sized PUD issues. 14 15 Chair Stromgren agreed noting that he has been thinking about the same issues. He stated that 16 most Cities do not have the strict prohibition of mixing an Residential and a Commercial that St. 17 Anthony's code has. He stated that there could be other ways to accomplish this through a 18 mixed-zoning use without the PUD. He asked Ms. Moore-Sykes to pull together information on 19 this topic for their review prior to the work session. 20 21 Commissioner Jensen suggested that the Commissioners forward any information they might 22 have to Ms. Moore-Sykes that would include similar ideas from other Cities. He stated that it 23 would be beneficial to have all information pertaining to these issues for their review prior to the 24 work session. He stated that the sites on Kenzie could stall out because the City does not have a 25 mechanism in place to allow for the use. 26 27 Chair Stromgren noted that the current applicant did not include any commercial/retail in their 28 proposal; it would seem like a prime location where this could be included. He stated that this all 29 points back to what Ms. Moore-Sykes discussed with respect to livable Cities initiatives and 30 mixed-uses within a walk able distance. 31 32 Commissioner Gaylon asked Ms. Moore-Sykes to email the Commissioners with an agenda of 33 items for the work session. 34 35 Commissioner Jensen stated that aerial maps of the City would be good planning tools and asked 36 if the City has any large-scale aerial maps that could be used during their work session. 37 38 Ms. Moore-Sykes stated that the only maps available are the wall maps. 39 40 Commissioner Jensen suggested checking with the Metropolitan Council to see if they have any 41 aerial maps available. He stated that they do have maps available from various projects they 42 were involved with and suggested checking to see what they would charge for a 200-scale map. 43 44 Commissioner Jensen referenced the Comprehensive Plan and Ordinance amendment process 45 stating that approximately a year ago he was on the School Board Task Force that dealt with the Planning Commission Meeting Minutes November 15, 2005 Page 7 1 walkability issues and changes to the busing distance parameters. He stated that a big part of the 2 task force's responsibility was to try to identify the nodes where buses would actually stop and 3 also the lack of sidewalks and touch down places. He stated that an inventory of street lighting 4 was also done and found to be okay but not 100-percent adequate. He stated that one of the 5 issues they struggled with was that there was no mechanism available to bring the School Board 6 issues forward and suggested merging their issues together with the Planning Commission as 7 they tool up with a work program and a capital improvements component of the Comprehensive 8 Plan. 9 10 Ms. Moore-Sykes stated that the Silver Lake Road Task Force is currently looking at 11 reconstructing in 2007. She stated that sidewalks are a big issue in addition to lighting and 12 crosswalks. She stated that she would forward copies of their meeting minutes for their review. 13 14 XI. ANNOUNCEMENTS 15 16 Commissioner Jenson provided the Commission with a brief update of the Silver Lake Road 17 Task Force noting that they have met three times to discuss the issues. He stated that there are 18 approximately 40 members on this Task Force including members from Hennepin County and 19 two City Council Members. He explained that there is one more meeting planned with the idea 20 to finalize the plans, get it into the 2006 budget process and construct in 2007. 21 22 Chair Stromgren asked that a final report be provided to the Commission for their review. 23 24 XII. ADJOURNMENT 25 26 Motion by Vice Chair Hanson, second by Commissioner Jensen, to adjourn the meeting at 7:33 27 p.m. 28 29 Motion carried unanimously. 30 31 Respectfully submitted, 32 Bonnie Sullivan 33 TimeSaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission Report No.: VIII.I. From: Kim Moore-Sykes,Assistant City Manager Date: January 17, 2006 Subject: VSI Construction—Office Building Complex Requested Action: Concept Review Property Address: Vacant Lot adjacent to Tires Plus Zoning District: Commercial 60-Day Expires: N/A;to date,no application has been received Requested Action: Discussion only. Background: I received a call from Todd Mohagen,VSI Construction about the possibility of building an office building on the vacant lot adjacent to Tires Plus. Mr. Mohagen was advised staff that the building will be leased as offices for realtors,insurance agents, accountants, attorneys, etc. The Zoning Code for Commercial calls for a minimum lot size of 15,000 square feet; this vacant lot is 36,892.31 square feet according to the plat. The proposed building has a footprint of 6,441.6 square feet,with two levels, main and lower levels. There also exists a drainage easement to the south and east that significantly reduces the useable area on this lot. Parking requirements are based on a gross floor area of 12,883 square feet. The Zoning Code requires one parking space for every 300 square feet,which for this project equals 43 parking spaces. The sketch plan has 35 parking spaces planned, leaving a deficit of 8 parking spaces. Attachments: • Sketch Plan and Elevations. 011706 VSI Construction.doc '9 Message Page 1 of 1 Kim Moore-Sykes From: Todd Mohagen [tmohagen@mohagenhansen.com] Sent: Wednesday, January 11, 2006 1:12 PM To: kmoore@ci.saint-anthony.mn.us Subject: RE: Brent Thompson Kim, Attached please find the necessary site plan and renderings for the project Brent Thompson has been discussing with you. Thanks, Todd E.Mohagen, AIA Principal Mohagen/Hansen Architectural Group 1415 E. Wayzata Boulevard Suite 200 Wayzata, MN 55391 Tel. 952-473-1985 Fax. 952-473-1340 tmohagen mohagenhansen.com www.mohagenhansen.com 1/11/2006 SKITCH AND OrMSCR I PT I ON "of~Proposed Easements for- Tires Pius e Aatxur vg PROPOSED EASEMENT DESCRIPTIONS - IreFIN 11L O M IDIa � • �-aratvums 11L EASEMENT A -• $ ppmrra $ An�t or Wryt os ow.under mWth. aoea The Sou%17.80 foot of tot S.Bract 7.MOUNDS NEM ACRES r 7f p�t�� ey J tia I Mtt Rofount%Nuoomto,empt at pat Dmm foot of acid Loi 8. 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Me of"dd Lot 7;thmm Nnft 89 deprem 18 mhA.23 i =71 g.ofd north alio fast to Vw 1 mYbnortheast ton 12 3 be W. along to east Om of odd Lot 7 to in.point of 1 nmsey evDry Dot net surroK plan . a G. RrID a 80N6, INC. "a""`" w Land&ryftoM o dWr Rsglttered La d smtyar n,dtr GRAPHIC SCALE ��••e���'••,. �^lots of be Stage or Mfine.ota Sim LEXINGTON AVE CIRCLE PINES,MN.66NUE'1"4-30NE 26 TeL 161-186-6686 Pax 163-IM-6001 - M1 t b.1 b n %,• Data I /� LkMm No. 25344 �Irrnrr .17)B/04.007BT O r 1 2 3 4 5 6 Q W0 A — —r-- — — ITH LOWER LEVEL FLOOR PLAN A2O N.T.S. c (D N W_c ®� � 04� 3 � 3s a O C N 1 2 3 4 5 6 W Z LU O a ON m a Wa J � Vf i MAIN LEVEL FLOOR PLAN A2O N.T.S. 'I J 100'90 it 14WfWIW 04INsq/wlws I � / a .a . i ,.w,,:�..�.n„•. r._,....._..: ._- .. .�.. .>�. . .-.•-_ _Iwa+r.��.`rr.r.;.�7irr.+--...r!+�.��..+.r I r � - _x �r� � .. � rpJ�j��.a�,.1� ��� � 'yP .r .a _ �w. j.. f✓&4 r�r���T �,, dnojo ■ I yJ� JUGSUBH ua6eyow " 6tN "VI' y. } { • *(LoVWL KV '>T- A � WY Hansen Architectural - �: +Go Gawp STAFF REPORT To: Planning Commission Report No.: VIH.2.a From: Kim Moore-Sykes,Assistant City Manager IAY___9 Date: January 17,2006 Subject: Review of Changes to Small Lots (Nonconforming)Ordinance Property Address: N/A- Zoning_District: Various 60-Day Expires: N/A Requested Action: Discussion only. Back ound: Attached is proposed language from Chair Stromgren for R-1 small lots in St.Anthony. He also proposes to use similar language for R-1A and R-2 lots. In reviewing the lot sizes of various areas in St. Anthony,Staff could not find any R-1 and R-1A residential lots smaller than 7,000 SF. Both Ramsey and Hennepin Counties'plats and online property searches were checked. Lots determined to be nonconforming would be those lots platted and in existence prior to the City's codification of the Zoning Ordinance in August 1976. As suggested by Chair Stromgren,these lots would be "grandfathered" in as nonconforming and are subject to Section 1660—Nonconforming Uses and Structures. Chair Stromgren has also prepared revised language for Section 1660,which would allow for the specific and limited expansion of nonconforming uses and structures. With regard to the R-2 lots,while they would not be considered nonconforming unless they existed prior to 1976,it is my understanding that most of the R-2 properties were established after 1976. If an R-2 property is determined to be smaller in square footage,the owner would have to obtain a variance to the area requirements in the Ordinance. Attachments: • Proposed Languages Changes to Address Small Lots—Chair Stromgren • Proposed Language Changes to Nonconforming Uses and Structures—Chair Stromgren Section 1615 — R-1 SINGLE-FAMILY DISTRICT 1615.05 Dimensional Regulations. Subd. 2. Area and Width. No dwelling may be constructed or placed on (a) an interior lot of less than 9,000 square feet, or less than 75 feet in width at the building setback line, or (b) a corner of less than 11,000 square feet or less than 90 feet in width at the building setback line. Existing non-conforming lots of less than 9,000 square feet, or corner lots of less than 11,000 square feet, are governed by Section 1660 — NON-CONFORMING USES AND STRUCTURES. Subd. 6. Side Yards. Dwellings must have two Q side yards the combined width of which is at least 15 feet, and each side yard must be at least 5 feet wide. A side yard adjacent to a street must be at least 30 feet wide... , or a distance equal to the average of the depths of the side yard(s) of an adjacent lots(s) and fronting the same street. Subd. 8. Lot Coverage. The lot coverage for residential structures on lots with an area 9,000 square feet and may not exceed 35%. The lot coverage for residential structures on lots with an area less than 9,000 square feet, may not exceed 40%. La) The lot coverage for nonconforming single family detached dwellings permitted by Section 1660 with an area less than 7,000 square feet but equal to or greater than 6,000 square feet may not exceed 45%, and lots with an area less than 6,000 square feet may not exceed 50%. * * Does this constitute an encouragement of"their survival,or to permit them to be enlarged,expanded or extended.; Section 1660,p.16-47? And 1660.02 Subd.1.Existing Structure. No structure used for a nonconforming use may be enlarged,extended,reconstructed,replaced or moved except to change it to a conforming use. f (e) City buildings including fire and police stations and other municipal service buildings not considered industrial. Subd. 10. General Regulations. Property in the R-1 District is also subject to the provisions of Section 1650. Section 1660- NONCONFORMING USES AND STRUCTURES 1660.01 Intent. It is the intent of this Section to permit nonconforming uses and structures, as defined in Section 1600.03, to continue until they are removed, but it is not the intent of this Section to encourage their survival, or to permit them to be enlarged, expanded or extended, except as specifically allowed. 1660.02 Limited Continuation. A nonconforming use or structure may be continued only so long as it remains otherwise lawful and complies with the following provisions: Subd. 1. Existing Structure. No structure used for a nonconforming use may be enlarged, extended, reconstructed, replaced or moved except to change it to a conforming use, and except as allowed below. Subd. 2. Expansion of Use. No nonconforming use may be extended to occupy any additional land outside any buildings in which the nonconforming use is conducted. Subd. 3. Change to Conforming Use. If property used for a nonconforming use is subsequently used for a conforming use, the nonconforming use may not thereafter be resumed. Subd. 4. Discontinued Use. When a nonconforming use is discontinued for a period of 12 months, the nonconforming use will no longer be permitted. DSubd. Destruction ofBuilding. If a building used for a nonconforming use is removed or destroyed to t of over 50% of the fair market value, the nonconforming use will no longer be permitted. Subd. 6. Existing Nonconforming Residential Lot. Existing lots in R-1, R-1A, or R-2 that do not meet the minimum requirements set forth in this code as to area and dimensions, may be used for single family (detached) dwelling provided that the width of such lot is not less than 40 feet and such lot contains at least 5,000 square feet in area, and the lot was on record prior to the date of this code. Subd. 7. Enlargement of nonconforming buildinq. A nonconforming building occupied by a conforming use may be enlarged if the expansion meets all applicable City Code requirements. Su_ bc . Enlargement of building with nonconforming setback. A legally nonconforming sing ee.or two family dwelling or garage which existed on or before June 1, 1995,which is occupied by a conforming use, and which does not meet current setback requirements can be expanded up to 50 percent of the floor area of the existing structure, as long as the following conditions are met: (a) the expansion does not extend any farther into the required setback than the existing structure; (b)the existing structure does not infringe on the setback more than 50 percent of the required setback distance; and (c)the expansion meets all other applicable City Code requirements. 2 of 2 STAFF REPORT To: Planning Commission Report No.: VIII.2.b From: Kim Moore-Sykes,Assistant City Manager )IA (6 Date: January 17, 2006 Subject: Swimming Pool Fencing Ordinance Requested Action: Concept Review Background: The issue of the height of swimming pool fencing has been an item of discussion between staff and residents for some time. This issue was taken up at the Planning Commission's worksession meeting in December. The Commissioners were provided with a number of other cities' ordinances and the ordinance from the City of Eden Prairie provided the flexibility that the Commissioners felt made sense for the City of St.Anthony. Attachments • Proposed ordinance language for fencing around outdoor swimming pools. 011706 Swimming pool fencing.doc • 'a Section 1315 — SWIMMING POOLS 1315.01 Definition. For purposes of this Section,sSwimn-ng pools are defined as any structure,basin,basin ,chamber or tank containing an artificial body of water used for swimming, diving or recreational bathing,over 24 inches in depth,or with a surface area of more than 150 square feet, that is constructed above or below ground. 1315.04 Safety Requirements. Safety precautions must be at a minimum to comply with the following: (a) All outdoor swimming_pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least four M but no more than six (6) feet high and located at least four (4) feet from the edge of the pool. The bottom of the fence shall be no higher than four (4) inches above the surface of the ground. AA peels must feet 7n heibht designed to reasonably prevent:........,. tfe le by STAFF REPORT To: Planning Commission Report No.: VIII.2.c. From: Kim Moore-Sykes,Assistant City Manager �V Wb Date: January 17, 2006 Subject: Proposed PUD Ordinance Revisions Requested Action: Concept Review Background: This is an issue that has been discussed by the Planning Commission for several months. While this zoning designation has been used successfully by the City for years. But as redevelopment efforts in the City is completed, there continue to be areas in the community that would benefit from a Planned Unit Development designation, the remaining sites are generally smaller than the current requirement of three (3) acres. In researching this issue with other cities, the planning association and other regions around the country, there are new ideas with regard to PUDs that may provide positive results for further redevelopment efforts in the City of St.Anthony. Attachments: • Proposed revised ordinance language for Planned Unit Developments 011706 PUD Rev suggestions.doc I i Section 1655 - PLANNED UNIT DEVELOPMENT 1655.01 Purpose. The purpose of this Section 1655 is to provide for planed unit developments PUDs within the City. PUD districts are intended to permit flexibility of site design, the conservation of land and open space through clustering of buildings and activities, and an incentive to developers to plan creatively. This flexibility can be achieved by allowing deviations from standards including setbacks, heights and similar regulations while still adheringto o all the standards and purposes of the Comprehensive Land Use Plan. PUDs are characterized by central management, integrated planning and architecture,joint or common use of parking, open space and other facilities, and a harmonious selection of and efficient distribution of uses. 1655.02 Definitions. Subd. 1. PUD. A PUD is a zoning district and development plan, which may include single or mixed uses, and one kD or more lots or parcels. And which is intended to create a more flexible, creative and efficient approach to the use of land. Any PUD shall be subject to the procedures, standards and regulations contained in the Section 1655. APQP site must be at least acres-i�r�a "YY lieations for PUP approval ivW not be considered for sites e less than 3 aEres. There is no minimum property area for the PUD development plan. However, if a property is less than three (3) acres in size, the applicant must demonstrate to the satisfaction of the City that the property cannot be reasonably combined with adjacent properties, and that the type and design of the development is compatible with adjacent areas and land uses. HAOrdinances\Ordinance Changes Revisions\2006\Section 1655 PUDs 011706.doc 1 t XI. INFORMATION AND DISCUSSION. XI.1. Residential Parking For Vehicles XI.2. Prairie Grasses XI.3. Accessory Dwelling Units City Code Section 1046 &.AL� Page 2 of 6 Inoperable Vehicle. A vehicle including, but not limited to, any automobile, truck, trailer, marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home, pickup camper, camping trailer, and other equipment for motorized transportation, that (i) has a missing or defective part that is necessary for the normal operation of the vehicle, or (ii) is stored on blocks, jacks, or other supports, or (iii) does not display a license, or displays a license that is 60 days or more past its required renewal date. Unmounted pickup campers or vehicles which are towed shall not be deemed inoperable vehicles if they otherwise possess all parts and are capable of normal operation and display a license that is not more than 60 days past its required renewal date if a license is required. Non-Conforming Parking Location. An outdoor location on the driveway of a lot in the R-1 or R-2 District which location is not within 15 feet of the street and not within five feet of a side lot line. Recreational Vehicle. A vehicle used or designed for use for temporary residential occupancy including but not limited to campers, motorhomes, mobile homes, pickup campers, camping trailers, tent trailers and travel trailers. Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. Special Purpose Trailer. A trailer having a gross vehicle weight of less than 1500 pounds. Special purpose trailers include utility trailers, and trailers used to transport boats, snowmobiles or ATVs. 1046.02 Parking or Storage of Commercial Usage Vehicles, Inoperable Vehicles at Parts. Commercial usage vehicles, inoperable vehicles, or any part or equipment appurter vehicle shall not be: A. Parked or stored outdoors on lots in residential districts. B. Parked or stored outdoors on lots in non-residential districts for more than 48 continuous hours except that abandoned motor vehicles impounded by the City pursuant to Section 1410 of this Code may be stored outdoors by the pound keeper designated by the Manager. Provided, however, vehicles and equipment used for maintenance, repair, or construct premises may be parked on the premises during the period of work. 1046.03 Parking or Storage of Recreational Vehicles, Boats, ATVs, Snowmobiles, etc. R vehicles, boats, ATVs, snowmobiles, special purpose trailers or other vehicles designed or u road purposes may be parked or stored in a garage or lawfully erected building, or may bE stored outdoors as follows: Subd. 1 Lots in the R-1 District, R-2 District, PRD-1 and PRD-2 Subdistricts. A. No more than two such vehicles, not more than one of which is a recreational vehicle, shall be parked or stored http://www.ci.edina.mn.us/Pages/L5-01_CityCodeSectlO46.htm 1/9/2006 City Code Section 1046 Page 3 46 outdoors on each lot. For purposes hereof, a vehicle on a trailer shall be considered one vehicle. B. Any such vehicle parked or stored outdoors shall be owned or leased by the occupant of the premises where parked or stored. C. Any such vehicle shall not be parked or stored within five feet of an interior side lot line, within 25 feet of a rear lot line, or within the required front street setback or side street setback as defined by Section 850 of this Code. D. Any such vehicle shall not be parked or stored closer to the buildable area for a principal building on an adjoining lot than to the principal building on the lot where parked or stored. E. Notwithstanding the requirements of paragraphs A., B., C., and D. of this Subdivision, any such vehicle may be parked on a temporary basis on a driveway within the required front street setback or side street setback subject to the following requirements: 1. Such vehicle shall not be parked for a period of time exceeding seven days. 2. Such vehicle shall not be parked within 15 feet of the traveled portion of a street and not within five feet of a side or rear lot line. It is the intent of this paragraph to permit the short term parking of such vehicles for loading or unloading purposes and to accommodate the visitors and guests of the residents of the premises. Subd. 2 Lots in All Other Residential Districts. A. Any such vehicle parked or stored outdoors shall be owned or leased by the occupant of the premises where parked or stored. B. Any such vehicle parked or stored outdoors shall be parked or stored only on hard surfaced areas. Subd. 3 Lots in Non-Residential Districts. A. Any such vehicle shall not be parked or stored outdoors htt ://www.ci.edina.mn.us/Pa es/L5-01 Ci CodeSect1046.htm 1/9/2006 P g _ tY City of Cedar Falls - Parks: Code of Ordinance Pagel of 3 Parks Welcome to the Park Division 606 Union Road-Cedar Falls,Iowa 50613-(319)273-8624 Code of Ordinance General Information I Park Maps and Descriptions I Golf Courses Cemetery's Descriptions and Fees I Code of Ordinance CODE OF ORDINANCES CITY OF CEDAR FALLS, IOWA Chapter 20 PARKS AND RECREATION Sec. 20-271.1 Street tree planting regulations. Trees to be planted in street right-of-way must conform to categories A or B and/or C, said categories to be adopted and/or amended by resolution adopted by the city council. Street tree planting regulations are as follows: (1)Trees should be spaced so there will be little or no interference with their full development. The minimum spacing shall be 20 feet for category A; 30 feet for category B; 50 feet for category C measured from center on each street tree. (2)At least nine square feet of ground shall be maintained for each street tree and no impervious material shall be placed nearer than 24 inches to the trunk of the tree. (3) No street shall be planted nearer than two and one half feet to the curb and sidewalk line and centered in parking eight feet and less in width. Plantings in parkings over eight feet in width shall be planted four feet from the edge of the sidewalk. (4) No street tree shall be planted closer than 20 feet from the radius of curb at intersections or closer than ten feet to the edge of a driveway. (5)The minimum spacing from a light standard or transmission pole shall be ten feet for category A; 20 feet for category B; and 30 feet for category C measured from center of street tree to standard or pole. (6)As new tree species are introduced, they will be added to these lists. -u to otop- Sec. 20-262. Noxious weeds prohibited; exceptions. (a) It shall be unlawful for the owner or person in possession or control of any land within the city to maintain, cause or permit a nuisance as defined in this section to exist upon such land. For purposes of this section, a nuisance is defined as noxious weeds, which shall include the following: (1) Quack grass (Agropyron repens); (2) Perennial sow thistle(Sonchus arvensis); (3) European morning glory and field bindwood (Convolvulus arvensis); (4) Horse nettle(Solanum carolinesnse); (5) Leafy spurge (Euphorbia esula); (6) Perennial peppergrass(Lepidium draba); (7) Russian knapweed (Centaurea repens); (8) Buckthorn (Rhamnus, not to include Rhamnus frangula), and all other species of thistles belonging in genera of Cirsium and Carduus; (9) Butterprint(Abuilon theophrasti), annual; (10) Cocklebur(Xanthium commune), annual; http://www.ci.cedar-falls.ia.us/humanleisure/parks/parks_parkcode.htm 1/11/2006 City of Cedar Falls - Parks: Code of Ordinance Page 2 of 3 (11)Wild mustard (Brassica arvensis), annual; (12)Wild carrot(Daucus carota), biennial; (13) Buckhorn (Plantago lanceolata), perennial; (14) Sheep sorrel (Rumex acetosella), perennial; (15) Sour dock(Rumex crispus), perennial; (16) Smooth dock (Rumex altissimus), perennial; (17) Poison hemlock(Conium maculatum); (18)Wild sunflower(wild strain of Helianthus annus L.), annual; (19) Puncture vine (Trimbulus terrestris), annual; (20)Teasel (Dipasacus), biennial; (21) Grass exceeding 12 inches in height; and (22)Wild vines or wild bushes. (b)The following areas are hereby declared not to be a nuisance as defined in subsection (a)of this section: (1) Prairie grass areas, wildflower planting areas, natural reserve and preserve areas, urban woodlots, wildlife refuge and conservation areas, wetlands and natural waterways, all as recognized and identified by a governmental agency. (2) Land zoned agricultural under the zoning ordinance of the city exceeding five acres in size. (3) Other conservation or natural areas deemed appropriate by the city council after consultation with the director of human and leisure services or his/her designee. -u to otop- Sec. 20-263. Failure to destroy noxious weeds; right to hearing; destruction by city. (a) If the owner or person in the possession or control of any land within the city fails or refuses to cut or otherwise destroy the grass, vines, bushes or weeds declared a nuisance as provided in section 20-262 within ten days after notice in writing has been given to such owner and person in possession or control of land within the city, the owner or other person in possession or control of such land shall be deemed guilty of a violation of this article and punished accordingly. Such written notice to cut or otherwise destroy the vegetation declared a nuisance in this article shall be sent by certified mail to the owner of record and the person in possession or control of the land in question. Such ten-day notice to cut or otherwise destroy shall be deemed to commence on the date of mailing of the written notice. (b) Each owner and each person in possession or control of any land within the city may request a hearing with the department of human and leisure services of the city to consider any objections and protests to the proposed cutting or otherwise destroying of the vegetation declared in this article to be a nuisance. The parks services division manager, acting under the direction of the director of human and leisure services, shall have full power and authority to enter upon any land within the city for the purpose — of destroying a nuisance. The parks services division manager shall coordinate the removal of the nuisance with the public works department if necessary. Such entry may be made without the consent of the landowner or person in possession or control of the land, but actual work of destruction shall not be commenced until five days after the service of a notice in writing on the landowner and on the person in possession or control of the land. Such notice shall state the facts as to failure of compliance with the notice provided for in subsection (a) of this section, and shall be mailed by certified mail. In computing the time under this section, it shall be from the date of mailing, as evidence by the certified mail receipt. (c)The actual cost and expense of cutting or otherwise destroying the ,ve etationtogether with the cost 9 9 of serving of notice, the costs of special meetings or proceedings, if any, and the costs of supervision and administration, shall be recovered by an assessment against the tract of land on which the vegetation was growing. -u to otop- Sec. 20-279. Recreational trails. The following rules and regulations apply to all recreational trails within the City of Cedar Falls, Iowa: http://www.ci.cedar-falls.ia.us/human leisure/parks/parks_parkcode.htm 1/11/2006 1� �'t-�L, Municipal Parking Lot - Alderman Keene reported on his conversation with Jeff Beverage. Mr. Beverage has agreed to assist in the costs for paving the parking lot across from his funeral home. For compensation, all he asks is that he be allowed to use the area for over-flow parking, when needed. Several items were noted--there would be no overnight parking allowed, parking would be on first-come first-served basis, the city would maintain the lot (landscaping, snow removing, etc.) and sidewalks are needed. Mayor Thomas requested Alderman Keene have an agreement drafted and initialed by Mr. Beverage and the city. Supt. Hake will take care of the demolition permit to remove the building on the lot. When questioned if the city should sell the lot to Mr. Beverage and put it back on the tax rolls, it was noted that an appraisal would have to be done. Secondly, it is believed the downtown area will grow towards the east and other businesses, such as the offices that will be going in to the new Primus Development, would be able to use the lot. Additional Police Officer Position - Alderman Robinson discussed the possibility of adding an additional police officer position, especially since the department is short two officers. He would like to see the council start the ordinance process to add one more police officer position. When questioned if the police department needs another sergeant, it was noted the Police Commission makes that determination; it is not up to the council. The Police Commission's job is to hire, fire and discipline. Several questions were posed to Chief Olson. After much discussion, it was decided to place this matter on the next agenda for voting. Dr. Robert Lerohl - Dr. Lehrohl stated he received a letter from the city about mowing the detention area by his dental office. He said he is trying to restore that area with prairie grass. He distributed information explaining the benefits of restoring natural grasses to each council member. He indicated three years ago he sent the city a letter of intent to use the area in and around the detention basin for prairie restoration, and received no negative response back. The past two years he has received complaints, and addressed those complaints by sending letters explaining the restoration project. This year, again, he has received a letter to mow. He indicated that although they do not mow, they spot weed the area. He asked council to examine the area and rather than mow it down, look at it as an asset and benefit. Alderman Knox said he took a walk through the area. Although he felt the detention pond was nicely done, there were large quantities of thistles in the back area past the birdhouse and outside the detention pond. The land designer, who was in the audience, responded the area in question containing the thistles is not part of the prairie restoration area. She indicated she would remove the thistles in that area immediately. Mr. Lerohl said he would like to restore the back area, which is floodplain. There have been sightings of endangered species, like the redheaded blackbird, in that area. Mr. Lerohl stated he has no problem in removing the thistles, but prefers not to mow down the investment he has made in the prairie grass. The city's ordinance states no weeds or grass taller than ten inches. Complaints have been received from neighbors and residents, especially residents who they themselves received a notice because their weeds/grass were over ten inches tall. Some complaints imply that favoritism is being showed towards Dr. Lerohl. Mayor Thomas pointed out that either everyone abides by the ordinance, or the city council has to change the ordinance. Council needs to decide if it is going to enforce the ordinance. If the ordinance does not have to be enforced for one person, then the police department should not be required to enforce it for anyone. City Attorney Paul read directly from the city's ordinance what is prohibited, which included grasses growing over ten inches. It was questioned if the city should make a change to the ordinance to allow tall grass when it is a business and part of the landscaping. Mr. and Mrs. Carpenter were in the audience and said they have been active in the Conservation Foundation for many years and were in favor of Dr. Lerhol's restoration project. With all the interest in prairie restoration, they felt this movement is here to stay and is a responsible way for the community to care for their lawns. After much discussion, Dr. Lerohl was requested by Alderman Keene to have the Conservation Department verify and declare his prairie restoration project as a natural area and the council would keep the matter tabled until they heard back from him in the near future. Purchase of City-Owned Real Estate - Richard Shermer addressed the council regarding land west of his property at 627 W. Center Street. This parcel was once designated to be a street. There is a 132' x 20' tract between the detention area and his property he would like to purchase. He offered $400 plus the costs of transferring the title. This would put the property back on the tax roll. There being no further business to come before the Committee, motion made by Alderman Hyatt, seconded by Alderman Dannewitz, to adjourn the meeting at 9:05 p.m. By voice vote, motion carried unanimously. Debra Kell, City Clerk City of Big Lake Chapter 10 Zoning Section 1066—Wetlands Overlay District 3. The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. 4. Native shrubs may be substituted for forbs. Such shrubs may be bare root seedlings and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 5. Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City Code and City policy. 6. Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedlings, such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550 Power-Till Seeder. 7. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites where deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. 8. All seeded areas shall be mulched immediately with a mulch material approved by the City Engineer. Mulch shall be anchored with a disk or tackifier. 9. Buffer zones (both natural and created) shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established. 10. Applicants may obtain from the City a set of standard seeding and planting specifications for buffer zones which meet all the City requirements. Subd. 4. During the first two (2) years, the developer shall replant any buffer vegetation that does not survive. After two (2) years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards established in this Section. 1066 - 8 The Eureka Reporter- Printer Friendly Page Page 1 of 2 g� i City Council to discuss downsizing Tuesday by Kara D.Machado, 12/4/2005 In an effort to provide low-income housing to Eureka residents,the City Council will consider converting older motels into efficiency dwelling units through a proposed ordinance to downsize the square footage of each unit. City Public Works Director Mike Knight said the proposed ordinance will be before the council Tuesday. "If it is introduced, it will be back to be adopted unless the council elects not to go for it," Knight said. "It .. appears the council is interested in moving forward"with the revisions being made. Keep in mind, there will be another opportunity for public comment and the council will have more time to consider it,so it's really going to be up to the City Council to see if the ordinance meets its expectations." According to Kermit Thobaben,director of planning for the Redwood Community Action Agency,the RCAA initiated the idea and approached city officials to approve downsizing the current requirement of 220 square feet of living space to 150 square feet. "Basically, because part of our mission(at RCAA) is to develop affordable housing and what they call single-room occupancy rental units are commonly developed and used about the country—such as San Francisco hotels being converted into living quarters,"Thobaben said. "We took a look around (in our community)and realized we have older motels that are well-maintained and in good condition, but are having difficulty getting high occupancy because the newer motels are getting the travelers and visitors. "So we approached several of(the older motel)owners and they indicated a willingness to sell at a reasonable price." The units,Thobaben said,would include efficiency kitchens/cooking facilities, bathrooms and all other amenities that are standard in efficiency apartments. Thobaben said the issue has been before the City Council twice, in June and again in July, and the proposed ordinance was brought before the council in November. "It will take two readings(to become effective)",Thobaben said. "So that will take at least two future council meetings." Thobaben said the passing of the proposed ordinance looks promising. City Manager David Tyson said Eureka already has ordinances in place that address self-dwelling units. "But Mr.Thobaben had asked the council to consider reducing the number of square feet and so the council is considering that and has given direction to staff to develop an ordinance so they could consider this direction as far as reducing the size of the dwelling units from 220 to 150 square feet and staff is responding to the city council's request," Tyson said. "Basically,what staff does, in this case, is to reconsider if they want to go into this direction of reduction. Tyson said he did not want to comment on what direction he thinks the City Council will take. Mayor Peter La Vallee,who also works with RCAA, said the proposed ordinance would address some of the housing element issues. "With this change(in square footage), it would take a lot of people off the street,"La Vallee said. City Attorney David Tranberg said he does not have a strong opinion about the proposed ordinance. "The advocates for the change(of downsizing square footage)think it will accomplish a good deal to create more living http://www.eurekareporter.com/PrinterFriendly.aspx?ArticleID=6206 1/11/2006 The Eureka Reporter- Printer Friendly Page Page 2 of 2 units,"Tranberg said."The City Council introduced the ordinance, so I take it they see it the same way ... so it appears it is on its way to adoption." If the council does decide to reduce the square footage,fire and building codes would still have to be followed,Tyson said. City Fire Marshal Rick Bennett said, initially,the fire department was hesitant about the reduction of the square footage; however the fire department was OK with the proposed ordinance after working in"comfort factors,"such as fire suppression/sprinkler systems and fire detectors. Linda Gillette, site manager for the California Tribal TANF Partnership, and Cindy Sullivan, case worker for the organization, both agreed the downsizing will do little to help clients such as theirs. Gillette said most of the tribal organization's clients have multiple family members and, in hotels, "legally you can only have four people in a hotel." "Some(of our clients) have three to four to five kids,"Gillette said. Sullivan said she believes the City Council should not lower the square footage. "Kids need a separate space they can play and do homework, etc.,and a spot to call their own and with under(220) square feet,you just don't have that,"Sullivan said."1 understand there's a need for housing, but let's not squash everyone in one place." Thobaben said,in looking at the big picture in terms of affordable housing,the main question is,"How do you make housing affordable?" Housing"is so expensive ... and (in)our area and we're making changes in our zoning and building codes to reduce the size of lots for single-family houses to allow second units on single family lots;where there is normally one house,we are encouraging a second unit(on the lot),such as a granny/mother-in-law unit,"Thobaben said."It's the same with apartments. "We are serving single people with modest incomes who would be happy to pay$350,for example, and have a little bathroom,kitchen and their own space. It's difficult to find housing that's affordable, so downsizing housing makes it a little more affordable." Thobaben said RCAA will initially buy one motel and then another,and so on. He declined to comment on the prospective motels being looked at for conversion to efficiency dwelling units. "We are unsure which one we will buy first,"Thobaben said. "City staff is aware, but(we)don't talk about particular properties." http://www.eurekareporter.com/PrinterFriendly.aspx?ArticleID=6206 1/11/2006 C��7I�\C7I�I7'1T YY O PTS &�L, it CRUZ PLANNING DEPARTMENT Housing&Community Development Division 809 CENTER STREET,Room 206,SANTA CRUZ,CA 95060.831/420-6250-FAX 831/420-6458 ADU ZONING REGULATIONS TITLE 24 ZONING ORDINANCE OF THE CITY OF SANTA CRUZ CHAPTER 24.16 PART 2 24.16.100 Purpose. The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings are allowed because they can contribute needed housing to the community's housing stock. Thus, it is found that accessory units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities that are compatible with single-family development. To ensure that accessory units will conform to General Plan policy the following regulations are established. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.120 Locations Permitted. Accessory dwelling units are permitted in the following zones on lots of 5000 square feet or more: 1. RS-5A, RS-10A 2. RS-1A, RS-2A 3. R-1-10 4. R-1-7 5. R-1-56.R-L, R-T(A), (B), and (D). (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.130 Permit Procedures. The following accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.160. 1. Any accessory dwelling unit meeting the same development standards as permitted for the main building in the zoning district, whether attached or detached from the main dwelling. 2. Any single story accessory dwelling unit. Any accessory dwelling unit not meeting the requirements above shall be conditionally permitted uses within the zoning districts specified in Section 24.16.120 and shall be permitted by administrative use permit at a public hearing before the zoning administrator, subject to the findings per Section 24.16.150 and the development standards in Section 24.16.160. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.150 Findings Required for Conditionally Permitted Accessory Dwelling Units. Before approval or modified approval of an application for an accessory dwelling unit, the decision making body shall find that: 1. Exterior design of the accessory unit is compatible with the existing residence on the lot through architectural use of building forms, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices. 2. The exterior design is in harmony with, and maintains the scale of, the neighborhood. 3. The accessory unit does not result in excessive noise, traffic or parking congestion. 4. The property fronts on an adequate water main and sewer line each with the capacity to serve the additional accessory unit. 5. The site plan provides adequate open space and landscaping that is useful for both the accessory dwelling unit and the primary residence. Open space and landscaping provides for privacy and screening of adjacent properties. 6. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, solar access or parking of adjacent properties. 7. The one and one-half to two-story structure generally limits the major access stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard have been minimized.-The design of the accessory unit shall relate to the design of the primary residence and shall not visually dominate it or the surrounding properties. - - 8. The site plan shall be consistent with physical development policies of the General Plan, any required or optional element of the General Plan, any area plan or specific plan or other city policy for physical development. If located in the Coastal Zone, a site plan shall also be consistent with policies of the Local Coastal Program. 9. The orientation and location of buildings, structures, open spaces and other features of the site plan are such that they maintain natural resources including heritage or significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation relate to natural land forms. 10. The site plan is situated and designed to protect views along the ocean and of scenic coastal areas. Where appropriate and feasible, the site plan restores and enhances the visual quality of visually degraded areas. 11. The site plan incorporates water-conservation features where possible, including in the design of types of landscaping and in the design of water-using fixtures. In addition, water restricting shower heads and faucets are used, as well as water-saving toilets utilizing less than three gallons per flush. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.160 Design and Development Standards. All accessory dwelling units must conform to the following standards: 1. Parking. One parking space shall be provided on-site for each studio and one bedroom accessory unit. Two parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in addition to the required parking for the primary residence. (See Section 24.16.180 for parking incentives.) 2. Unit Size. The floor area for accessory units shall not exceed five hundred square feet for lots between 5000 and 7500 square feet. If a lot exceeds 7500 square feet, an accessory unit may be up to 640 square feet and, for lots in excess of 10,000 square feet, a unit may be up to 800 square feet. In no case may any combination of buildings occupy more than thirty percent of the required rear yard for the district in which it is located, except for units which face an alley, as noted below. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house. 3. Existing Development on Lot. A single-family dwelling exists on the lot or will be constructed in conjunction with the accessory unit. 4. Number of Accessory Units Per Parcel. Only one accessory dwelling unit shall be allowed for each parcel. 5. Setbacks for Detached Accessory Dwelling Units. The side-yard and rear-yard setback for detached single story structures containing an accessory dwelling unit shall not be less than three feet in accordance with the Uniform Building Code, and the distance between buildings on the same lot must be a minimum of 10 feet. Accessory units higher than one story shall provide side yard setbacks of five feet and rear yard setbacks of ten feet. If any portion of an accessory dwelling unit is located in front of the main building, then the front and sideyard setbacks shall be the same as a main building in the zoning district. Accessory dwelling units are not eligible for variances to setbacks. 6. Setbacks for Attached Accessory Dwelling Units. Attached accessory dwelling units shall meet the same setbacks as a main building in the zoning district. 7. Other Code Requirements. The accessory unit shall meet the requirements of the Uniform Building Code. 8. Occupancy. The property owner must occupy either the primary or accessory dwelling. 9. Building Height and Stories. a. A one story detached accessory dwelling unit shall be no more than thirteen feet in height. b. A one and one-half to two story detached accessory dwelling shall be no more than twenty-two feet in height measured to the roof peak. c. An attached accessory unit may occupy a first or second story of a main residence if it is designed as an integral part of the main residence and meets the setbacks required for the main residence. d. If the design of the main dwelling has special roof features that should be matched on the detached accessory unit, the maximum building height of the accessory dwelling unit may be exceeded to include such similar special roof features subject to review and approval of the Zoning Administrator. 10. Alley Orientation. When an accessory dwelling unit is adjacent to an alley, every effort shall be made to orient the accessory dwelling unit toward the alley with the front access door and windows facing the alley. Parking provided off the alley shall maintain a twenty-four foot back out which includes the alley. Fences shall be three feet six inches along the alley. However, higher fencing up to six feet can be considered in unusual design circumstances subject to review and approval of the Zoning Administrator. 11. Design. The design of the accessory unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. 12. Large Home Design Permit. The square footage of an attached or detached accessory unit shall be counted with the square footage of the single family home in determining whether a large home design permit is required. 13. Open Space and Landscaping: The site plan shall provide open space and landscaping that are useful for both the accessory dwelling unit and the primary residence. Landscaping shall provide for the privacy and screening of adjacent properties. _14. The-following standards-apply to accessory dwelling units located outside the standard side and rear yard setbacks for the district. - - - - The entrance to the accessory unit shall face the interior of the lot unless the accessory unit is directly accessible from an alley or a public street. Windows which face an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening. 15. A notice of application shall be sent to the immediately adjoining neighbors. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 §2 (part), 2003). 24.16.170 Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: 1. The accessory unit shall not be sold separately. 2. The unit is restricted to the approved size. 3. The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principal residence. 4. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement and/or revoking the conditional use permit. 5. The deed restrictions shall lapse upon removal of the accessory unit. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 §2 (part), 2003). 26.16.180 Zoning Incentives. The following incentives are to encourage construction of accessory dwelling units. 1. Affordability Requirements for Fee Waivers. Accessory units proposed to be rented at affordable rents as established by the city, may have development fees waived per Part 4 of Chapter 24.16 of the Zoning Ordinance. Existing accessory dwelling units shall be relieved of the affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual CPI increase commencing with the date of application for Building Permit. 2. Covered Parking. The covered parking requirement for the primary residence shall not apply if an accessory dwelling unit is provided. 3. Front or Exterior Yard Parking. Three parking spaces may be provided in the front or exterior yard setback under this incentive with the parking design subject to approval of the Zoning Administrator. The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more than 50% of the front yard width shall be allowed to be parking area. 4. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking spaces for the primary residence and the accessory dwelling unit may be provided in tandem on a driveway. A tandem arrangement consists of one car behind the other. No more than three total cars in tandem may be counted towards meeting the parking requirement. 5. Alley Presence. If an accessory dwelling unit faces an alley as noted in the design standards in this chapter, the limitations on rear yard coverage as specified in Section 24.16.160 (2) and/or Section 24.12.140 (5)do not apply. (Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003). 24.16.300 Units Eligible for Fee Waivers. Developments involving residential units affordable to low or very-low income households may apply for a waiver of the following development fees: 1. Sewer and water connection fees for units affordable to low and very low income households. 2. Planning application and planning plan check fees for projects that are one hundred percent affordable to low and very-low income households. 3. Building permit and plan check fees for units affordable to very-low income households. 4. Park land and open space dedication in-lieu fee for units affordable to very low income households. 5. Parking deficiency fee for units affordable to very-low income households. 6. Fire fees for those units affordable to very-low income households. (Ord. 93-51 § 6, 1993). 24.16.310 Procedure for Waiver of Fees. A fee waiver supplemental application shall be submitted at the time an application for a project with affordable units is submitted to the city. (Ord. 93-51 § 6, 1993) Client Assistance Memo uh rtmen of Planning and _ Development6 ® ® m m ao • e •-e• - • o -e - - e o- • •' Establishing an Accessory a The accessory unit must be in the principal structure, not in an accessory structure such as a garage. Dwelling Unit (ADU) • A single family dwelling may have no more than one ADU. Updated October 24, 2005 ■ The home must provide two off-street parking spaces. (See exception on next page.) ■ An accessory unit is limited to an area of 1,000 This Client Assistance Memo(CAM)explains the appli- square feet; it may exceed this maximum size, cable regulations and process for establishing acces- however, if the structure was in existence prior to sory dwelling units(also called ADUs or mother-in-law June 1, 1999, and if the entire accessory unit is units)in owner-occupied single family homes in Seattle. located on the same level. Legislation allowing accessory dwelling units became ■ Only one entrance may be located on each front effective Dec. 1, 1994. or street side of the residence unless more than one entrance on a front or street side existed as of What is an ADU? Jan. 1, 1993, or DPD determines that topography, screening or other design solution de-emphasizes An ADU is a room or set of rooms in a single family the presence of a second entrance. home that has been designed or configured to be ■ Minimum ceiling height for a unit in a portion of used as a separate dwelling unit. It generally in- a structure constructed before Oct. 17, 1979, is cludes living, sleeping, kitchen and bathroom facilities 6 feet 8 inches,or 6 feet 4 inches if a hard-wired and has a lockable entrance door. For more infor- smoke detector is provided. For structures or por- mation, see CAM 606, "Illegal Dwelling Units"; DPD tions of structures constructed after Oct. 17, 1979, Director's Rule 7-83, "Determining the Existence of a minimum ceiling height is 7 feet. See Director's Dwelling Unit for Purposes of Code Enforcement"; and Rule 3-2005 for more information. Director's Rule 10-95, "Attached vs. Detached as Ap- ■ In sleeping rooms located in buildings constructed plied to Accessory Structures and Uses.' after Aug. 10, 1972, or in rooms converted or established for sleeping purposes after August 10, What requirements must be met to 1972, there shall be at least one operable window establish an accessory dwelling unit? or exterior door approved for emergency escape or rescue. The window or door must be operable An ADU may only be established if it meets all of the from the inside. All emergency escape windows following requirements: shall have a minimum net clear opening of 5.7 ■ The home must be occupied by one or more square feet(grade floor openings allowed to be 5 owner(s)of the property as a permanent and princi- square feet), a minimum net clear openable height pal residence. The owner may live in either the main dimension of 24 inches, and a minimum net clear or accessory unit and must have a 50 percent or openable width dimension of 20 inches. The win- greater interest in the property. The owner-occupant dow must have a finished sill height not more than must live in the structure for more than six months of 44 inches above the floor. The sill height may be each calendar year. The owner may not receive rent measured from the top of a constructed step with a for the owner-occupied unit at any time. riser of not more than 7 inches. ■ If any of the persons occupying the two units are ■ The ADU must meet current standards of the Se- unrelated, the maximum total number of residents attle Residential, Building, Mechanical, Electrical in both units may not exceed eight. and Energy Codes. Pnnted on totally chlorine-free paper made with 700%post-consumer Aber DPD Client Assistance Memo#116—Establishing a New Accessory Dwelling Unit(ADU) page 2 Are there any exceptions to these tion on plan requirements, see CAM 103, "How to requirements? Draw a Plot Plan,"CAM 106, 'General Standards for Plans and Drawings,'CAM 303, 'Building Permit Plan Parking—A waiver of the requirement for the parking Requirements for Single Family and Duplex Projects,° space for the ADU may be granted if topography of and CAM 303A, °Common Single Family and Duplex the site or structure location makes it unduly burden- Building Code Items.' some to provide it. For information on applying for a parking waiver, see CAM 117, 'Parking Waivers for You must also complete the attached Application Accessory Dwelling Units.' Form, fill out a Certificate of Owner Occupancy Temporary owner absence—If DPD determines that (also attached)and have it notarized, and complete any relevant waiver form(s). Bring your application that the owner has violated owner-occupancy require- material to the ASC for screening by a permit leader, ments, the owner shall: 1) reoccupy the structure, 2) If your material is complete, you will be scheduled for remove the ADU, or 3) submit evidence showing good an intake appointment. cause, such as job dislocation, sabbatical leave, edu- cation or illness for a waiver of this owner-occupancy At the intake appointment, you will also have to pay a requirement to allow up to three years' absence from recording fee and a development permit fee based on the Puget Sound region. the value of the work to be done. Your Certificate of Owner Occupancy will be recorded What are the process, cost and submittal with the King County Department of Records and requirements for establishing a unit? Elections where it will become part of the title records To begin the process of establishing an ADU, you for your property. must first complete and submit an Address/Records Your permit application and plans will be reviewed Worksheet form, in person or by mail, to the DPD Ap- for conformance with city of Seattle codes, and plicant Services Center(ASC): you will be notified of plan corrections you need to make and of decisions on any waiver requests. You Location: 20th floor of Seattle Municipal Tower will need to pick up your plans from the Applicant 700 Fifth Ave. Services Center and make necessary changes and Mailing Address: 700 Fifth Ave., Suite 2000 resubmit them for review. P.O. Box 34019 Once your plans are approved,your permit will be Seattle, WA 98124-4019 issued at the DPD Permit Issuance Desk in the ASC. Phone: (206)684-8850 There will be no public comment period and no appeal Hours: Mon/Wed/Fri: 7:30 a.m.-5:30 p.m. opportunity to the Hearing Examiner or City Council. Tues/Thurs. 10:30 a.m.-5:30 p.m. As the work indicated on your plan proceeds, you must call the DPD Regulating Construction Program The Address/Records Worksheet is available from the at(206)684-8950 for required inspections. When Applicant Services Center or online at www.seattle. work is complete, call the inspector and request a gov/dpd/publications/forms. — - final inspection. When the-final inspection approval is- DPD will then confirm the legal description and ad- granted, a tenant may occupy the accessory unit. dress of your home and assign you a Project Number. Before your intake appointment you will need to pre- What Other permits are required? pare two sets of plans, including a DPD coversheet, You may need a separate electrical permit from DPD plot plan, and floor plans(of the entire building, not if electrical work is needed to establish the unit. If just the accessory unit), energy calculations, and, for you plan to do the work yourself you may apply di- a new structure(a new residence including an ac- rectly at the ASC; otherwise your electrical contractor cessory unit)or if there are changes to the building must apply. If plumbing work is necessary, you will envelope, elevations. New structures or additions need a plumbing permit from the Seattle/King County will also require full plan sets, including framing plans, Health Department, which is currently located at the foundation plans, sections, etc. ASC. For information on plumbing permits, call Your plans must clearly identify where new work will (206) 684-5198. be done to create the accessory unit. For informa- LEGAL DISCLAIMER: This Client Assistance Memo(CAM)should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements,whether or not described in this CAM. DPD Client Assistance Memo#116—Establishing a New Accessory Dwelling Unit(ADU) page 3 What happens when a home with an How can you learn more about accessory dwelling unit is sold? establishing an accessory dwelling unit? The new purchaser of a home with a legally estab- Visit the DPD Applicant Services Center(ASC), locat- lished accessory dwelling unit must file a new no- ed on the 20th floor of Seattle Municipal Tower at 700 tarized Certificate of Owner Occupancy with DPD Fifth Ave., and sign in to speak with a staff member. within one year of transfer of ownership, if the new You may also speak with staff by phone by calling owner intends to continue maintaining an accessory (206)684-8850. unit,whether or not it is occupied by tenants. You must pay a fee to DPD for the purpose of recording ASC Hours: Monday, Wednesday, Friday this document with King County. If the new owner 7.30 a.m.-5:30 p.m. chooses to discontinue use of the accessory dwelling Tuesday, Thursday unit, s/he will have to remove features which make it a 10:30 a.m.-5:30 p.m. separate unit. See CAM 606, 'Illegal Dwelling Units,' for more information. What if a unit is created without a permit? If DPD receives a complaint about an illegal accesso- ry dwelling unit, the department will inspect and can cite the owner with a Notice of Violation. An owner who does not comply with a Notice of Violation is sub- ject to a civil penalty of$75 per day after the date set for compliance. Owners of illegal units will be subject to an additional penalty of$1,000. This penalty shall be reduced to$100 if, prior to the compliance date stated on the notice, the owner removes the unit. Any owner who voluntarily applies to legalize a unit prior to issuance of a Notice of Violation shall be subject to a reduced penalty of$100. This penalty will be waived if the purchaser of a property with an existing unauthorized unit applies to legalize the unit within one year of becoming the owner of the property as re- flected in King County real estate records. Whenever there is a tenant in an illegal unit of which use must be discontinued in response to a Notice of Violation, the owner must pay the evicted tenant relocation as- sistance in the amount of$2,000 or two months rent, depending on the tenant's(s') income. -5510 Information ^L nk's°to bbtronid versions DPDkClient z ° Assistarice Memos(CAMs)tDirec`t6r,',S.Rules, and the'Seattle MuncipalCbde ar'e.available on-the'"Publicatiohs"acid°Codes"pages of our website at.vi►ww.seattle:gov/dpd. Paper copies of these documents,'as-well,as-additional regula- tions mentioned in-this CAM;,are=avail'able from our.'Public�'Resourd6rCenter;°located on the'20th 'floor',of Seattle MuriieipaIJoWer,'at 700;Fifth Ave. in downtown�Seattle;(206)'6:8'48467., LEGAL DISCLAIMER: This Client Assistance Memo(CAM)should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements,whether or not described In this CAM. Application to Establish an Accessory Dwelling Unit CHECK ONE OF THE BOXES BELOW: Applying to create a new ADU Applying to legalize an existing unauthorized unit. As reflected in King County real estate re- cords, I purchased the home in which the unauthorized unit is located less than one year ago, and am submitting proof of this purchase. (No penalty) ❑ Applying to voluntarily legalize an existing unauthorized unit. There will be a penalty of$100 un- less final inspection approval is obtained within one year of permit issuance. Applying to legalize an existing unauthorized unit based on a complaint, and have already been issued a Notice of Violation. (Penalty$1,000) Project Number Address Owner Daytime Phone# Assessor's Parcel Number Submit this form along with required plans and other documents. Parking Waiver Request, if necessary _ Not located within a Residential Parking Zone(RPZ) Located within a RPZ; parking waiver study included Name(s)of Tenant(s) Phone: Phone: Phone: Owner Occupancy Certificate, completed and notarized Date Unit was Created (to best of your knowledge): Value of Construction Work Needed to Legalize Unit: Copy of the Contractor's Registration/Lien Law Form (completed) --- — Copy of Agent's Authorization Letter-from Owner(if-agent) Applicant's Name Date received (PLEASE PRIM) Applicant Signature Date signed Relationship of applicant: (circle one)owner, agent, architect, contractor, engineer Receipt# Date of receipt For DPD Use Only(must be completed) Application Parking #of Parking Unit for Parking Waiver Spaces Square Waiver? Granted? Provided Footage Yes No Yes No spaces sq.ft. Accessory Dwelling Unit Certification of Owner Occupancy State of Washington ) County of King S/S ) I, , being first duly sworn, on oath do hereby certify under penalty of perjury under the laws of the State of Washington: That I am an owner of the single family dwelling unit located at and have a fifty percent(50%)or greater interest in this property; and That I have applied or am making application to establish an authorized accessory dwelling unit at this location; and: ❑ That I presently occupy and will continue to occupy one of the two dwelling units at this location as my principal and permanent residence(see Land Use Code Section 23.44.041A2). ❑ That this certification will remain in effect during the period of my ownership of the property unless I re- cord a certification with the King County Office of Records and Elections that the use of the property for an accessory dwelling unit has been discontinued. ❑ That I am building a new single family residence with an accessory dwelling unit with the intent to sell the residence. When the property is sold, I will notify the new property owner(s)of the requirements of SMC 23.44.041, includ- ing the requirement to file a new Certification of Owner Occupancy with the Department of Planning and Devel- opment(DPD)for recording if they intend to maintain and rent the accessory dwelling unit. Failure to submit this certification within one year of transfer of ownership shall be a violation of the Land Use Code if the new owners continue renting the accessory dwelling unit. This certification will remain in effect during the period of my ownership of the property unless I record a certifi- cation with the King County Office of Records and Elections that the use of the property for an accessory dwell- ing unit has been discontinued. (SEAL OR STAMP) Signature of Affiant Name of Affiant Signed and sworn to(or affirmed)before me on this day of (month), (year)by Signature of Notary Public Title My appointment expires: Falsely certifying owner occupancy or failing to comply with the terms of owner occupancy certification is subject to a civil penalty of$5,000, in addition to any criminal penalties. A recording fee must be paid to the Department of Planning and Development for the purpose of recording this document with King County. (c) Permits. Prior to a manufactured home being moved into a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking to State Code and a permit for connection to public sewer and water. The application for permits shall be accompanied by a site plan, drawn to scale, detailing the unit placement, accessory structures, and setbacks. (d) Upgrading. Prior to locating a manufactured home housing unit constructed prior to 1 July 1972, on a lot within a manufactured home park within the City, said unit shall be upgraded to current life safety codes and subject to the approval of the Building Official. (e) Street Maintenance. All private internal streets in manufacturing home parks shall be maintained by the park owner in a good state of repair, free from obstructions, encumbrances, depressions, pot holes, and break ups. Snow shall be promptly plowed and removed from streets and adjacent mail boxes and fire hydrants, so that snow or snow piles do not constitute a safety hazard to motorists and pedestrians, or constitute an obstruction to emergency service vehicles. Icy streets and areas adjacent to mail boxes shall be promptly sanded. "Promptly" shall mean no later than twenty-four (24) hours after the end of a snow fall or in the case of ice within twenty-four(24)hours after it was formed. 21190.04 ACCESSORY DWELLING UNITS: Subd. 1. Accessory dwelling units may be allowed within residential subdivisions that have received preliminary plat approval on or after June 1, 2001 and that include ten (10) or more single-family lots, subject to the approval of an administrative permit. Subd. 2. An accessory dwelling unit may be allowed provided all of the following conditions are met: (a) An accessory dwelling unit shall be located above an attached or detached garage that is accessory to a single-family detached home located in the RSF-1, RSF-2, or PUD zoning district. (b) An administrative permit for the accessory dwelling unit may only be applied for concurrently with the application for a building permit for construction of the principal structure on the lot. (c) Not more than one (1) accessory dwelling unit shall be allowed on a single-family detached lot. (d) An attached or detached.accessory dwelling unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit. (e) Except as noted in (c) above or as otherwise specified in this subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 21120 of this Chapter. 21190-7 gn (f) An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or one thousand (1,000) square feet, whichever is less. (g) The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, roof pitch, colors, and materials as the principal building on the lot, and shall be compatible with the character of the surrounding residential buildings. (h) The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit. (i) Rental of the accessory dwelling unit, or rental of the principal dwelling unit if the property owner resides in the accessory dwelling unit, shall require a City license pursuant to Chapter 4 (Housing and Redevelopment) of the City Code. (j) There shall be no separate ownership of the accessory dwelling unit. (k) In addition to the parking spaces required for the principal dwelling unit on the lot, two (2) off-street parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces, and shall comply with the requirements of this Chapter. (l) An accessory dwelling unit shall have a separate address from the principal dwelling unit on the lot, and shall be identified with address numbers pursuant to Chapter 4 (Building Code)of the City Code. (m) The principal dwelling unit and accessory dwelling unit shall be created and maintained in compliance with Chapter 4 (Building Code, Housing Maintenance, and Housing and Redevelopment) of the City Code. (n) The principal dwelling unit and accessory dwelling unit shall be connected to municipal sewer and water. (Amended by Ord. No. 2002-24, 06125/02) 21190-8 C IT Y O P ACCESSORY DWELLING UNITS What permits are required? A conditional use permit is required for accessory dwelling units. Conditional use permits require review by the Planning Commission and approval by the City Council. Following conditional use permit approval, a building permit is also required. Are there minimum lot size requirements? Yes. The lot must be at least twice the minimum lot size required by the zoning district to accommodate an accessory dwelling unit. The principal structure and accessory dwelling unit must be located on one undivided lot. The accessory dwelling unit must be connected to municipal utilities. Where can the accessory dwelling unit be located on my property? Accessory dwelling units must meet the setbacks required for principal buildings within the zoning district. The accessory dwelling unit must be no more than the height of the existing principal building or the maximum height for the zoning district, whichever is less.Accessory dwelling units also can not exceed 900 square feet of floor area. Structures which exceed this maximum will require an additional conditional use permit. How many accessory dwelling units are allowed on my property? No more than one accessory dwelling unit is permitted per lot. However, an additional accessory structure (i.e. a shed or detached garage)is also permitted. Please see the "Accessory Structures"handout for more information. Who can occupy the accessory dwelling unit? The accessory dwelling unit must not be owned independently of the principal structure and must not have a separate address. The unit can not be rented to individuals unrelated to the occupant of the principal dwelling.A minimum of two parking spaces must be provided for the dwelling unit on the lot. Are there restrictions on the types of building materials that I can use? If the accessory structure is greater than 120 square feet and within a residential district, the exterior building materials must be consistent with the exterior materials used on the house. Who can I contact with questions? Staff is available to assist you with questions at (952) 473-6961. If you have a question about building permits,please contact the Building Official. However, if you have a question about setbacks or other zoning requirements, please contact the City Planner. Where can I obtain the permit forms? Building permit and accessory structure zoning review forms are available on our website at:www.ci.long-lake.mn.us. The forms are also available at City Hall, 450 Virginia Avenue in Long Lake. SECTION 19. GENERAL BUILDING AND PERFORMANCE REQUIREMENTS Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Subd. 2. Dwelling Unit Restriction. A. No temporary structures shall at any time be used as living quarters temporarily or permanently. B. Accessory structures must not be used as dwelling units without an approved conditional use permit. C. Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling as long as all of the requirements of the Building Code are met. D. Tents, play houses or similar structures may be used for play or recreational purposes. Subd. 3. Platted and Unplatted Property. A. Any person desiring to improve property shall submit to the City Clerk a survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to insure conformance to City Ordinances. B. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. C. Except in case of Planned Unit Developments, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in Section 2 of this Ordinance, in case of doubt or on any questions or interpretation the decision of the City Council shall be final. Shopping centers shall be interpreted as having more than one (1) principal building. D. Frontage. No building requiring a building permit shall hereafter be erected upon any parcel unless such parcel abuts upon a public street for a minimum of forty (40) continuous lineal feet. The said frontage shall not be used primarily for the purpose of a driveway or roadway for ingress and egress to the major portion of the parcel on which the building is to be erected. Section 19 Page 1 10/19/2004 F. On a through lot(a lot fronting on two (2)parallel streets), both street lines shall be front lot lines for applying the yard and parking regulations of this Ordinance. Subd. 4. Accessory Buildings. A. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. B. Setback Requirements. No accessory buildings shall be erected or located in front of the front line of the building or within the front yard of a property. Accessory buildings and shall be five (5) feet or more from all lot lines adjoining lots, shall be ten (10) feet or more from any other building or structure on the same lot and shall not be located within a utility easement. C. Maximum Building Size. No accessory building or garage per single family home shall occupy more than twenty-five (25) percent of a rear yard, nor exceed nine hundred (900) square feet of floor area. Garages which exceed the aforesaid maximum may be allowed with a Conditional Use Permit under the provisions of this Ordinance. D. Maximum Building Height. The maximum height of accessory structures shall be prescribed in the applicable district, provided that the height of an accessory structure shall not exceed the height of the principal structure. E. Maximum Number on a Lot. No more than two (2) accessory structures are permitted per parcel. This provision shall not apply to parcels in the Institutional district. However, no more than one of the two accessory structures permitted may be a detached private garage. Every single family dwelling unit hereafter erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. F. Permitted Building Materials. Accessory buildings in all residential districts shall have exterior building materials that are consistent with the exterior building materials used on the principal building. Acessory structures less than 120 s.f. are exempt from this requirement G. Accessory buildings constructed primarily of canvas, plastic, fabric or other similar non-permanent building materials are permitted for no more than 6 months of the calendar year. H. Building Permit Required. Accessory structures less than 120 sf do not require a building permit but do require an accessory structure zoning review from the City. All accessory structures larger than 120 sf require a building permit. Section 19 Page 2 10/19/2004 Subd. 5. Accessory Uses and Equipment. a. No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. b. Drive-through menu boards. Two menu boards per restaurant use are allowed with a permitted drive-through facility, subject to the following conditions: i. The main menu board shall not exceed thirty-six square feet in surface area or eight feet in height from grade toteh top of the sign. ii. A second smaller menu board is permitted to be located prior to the main menu board and adjacent to the drive-through aisl within view of drive-through customers. If a second menu board is used, the main menu boards shall be reduced to thirty-two square feet. The smaller menu board shall not exceed six square feet in surface area or four feet in height. This menu boards shal provide a selection of menu items and shall not be used primarily for graphics or advertising. iii. The menu boards shall be of the same style and color, single-sided and oriented in such a manner so that the boards provide information to the patrons using the drive-through facility only. iv. Product advertising shall not be attached to any menu board in excess of the maximum size allowed. V. Menu boards must not be audible from any adjacent residential or residentially zoned properties and comply with all City noise regulations. Subd. 6. Accessory Dwelling Units. Accessory dwelling units are permitted within single family zoning districts through an approved conditional use permit which meets the following criteria: i.No more than one accessory dwelling unit is permitted per single family lot; ii.The principal structure and accessory unit must be located on one undivided lot. iii.The accessory dwelling unit will not be owned independently of the principal structure and will not have a separate address. The accessory dwelling unit will not be rented to individuals unrelated to the occupant of the principal dwelling unit. iv.The lot containing the principal structure and accessory dwelling unit must be at least twice the minimum lot area required for the zoning district. The accessory dwelling unit will meet the minimum setbacks required for a principal structure within the zoning district. The height may meet the height permitted in the zoning district as long as it does not exceed the height of the principal structure. v.The accessory dwelling unit is limited to a maximum of 900 s.f. Accessory structures exceeding this maximum require a separate conditional use permit. vi.A minimum of two parking spaces must be provided for each accessory dwelling unit. vii.The accessory dwelling unit must be connected to municipal utilities. Section 19 Page 3 10/19/2004 Subd. 7. Structural Encroachments. A. All Districts. Eave encroachments may extend three feet into the required front, side and rear setbacks but in no case shall the setback to these encroachments be less than seven feet. No other encroachments are permitted within residential districts. B. Special Regulations for Properties Within the Village Boundm Area. Eaves, canopies and signage may encroach into the sidewalk by up to 2/3rds of its width, only supported by the structure and located at least 8' in height on the structure. No other encroachments will be permitted. Subd. 8. Drainage Plans. In the case of all apartment, business and industrial developments, the drainage plans shall be submitted to the City Council for their review, and the final drainage plan shall be subject to their approval. Subd. 9. Fences. A. Permit Required. No person, firm or corporation shall hereafter construct or cause to be constructed or erected within the City of Long Lake, any fence without first making an application for and securing a building permit. B. AMlication Procedures. Each application for a permit under this Section shall be submitted on forms provided by the City. Each such application shall include a certificate of survey showing the location of house (s), garages (s), and other improvement on the lot and the location of the fencing to be erected, altered or relocated. A survey may not be required if the corner property stakes are located on the property or a survey exists in the property file. C. Standards for Residential District Fences. Fences of chain-link construction shall only be permitted in rear yards. Except as otherwise provided herein, no fence shall be erected or maintained more than six (6) feet in height. The following standards shall also apply: 1. All fences shall be approximately 1' from the property line, located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence. No fences shall be placed on or extend into public rights-of-way, or be located on public easements. 2. That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of- way. 3. Every fence shall be constructed in a substantial, workman-like manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a Section 19 Page 4 10/19/2004 Planning Commission Meeting Page 1 of 4 Planning Commission Meeting Dayton City Council Chambers- City Hall Thursday, June 9, 2005 1. Call to Order. The Meeting was called to order by Vince Johnson Roll Call: Chair Vince Johnson and Commissioners Randy Dahlheimer, Steve Fowler, Robert O'Brien, and Dean Schultz were present as was Planner Lisa Atkinson, Planning Assistant Mike Pettit, City Clerk Sandy Borders, City Engineering Consultant Mark Hansen, and Council Liaison Scott Hoke 2. Pledge of Allegiance. 3. Approval of the Agenda. The agenda was approved by consensus. 4. Open Forum. Frank Simon of 18860 Territorial Road, stated he approves of the Cemstone project and the Dayton Business/Industrial Park and that any trucking traffic resulting from any new businesses to this area should not be too much of a problem for the City and for traffic in the area. Simon also expressed he believes these new businesses and the traffic from Cabella's in Rogers should hopefully bring the interchange with Interstate Highway 94 to help with any future traffic problems. 5. City Council Update. Council Liaison Hoke updated the Commission on the following items: the 81 Corridor Study was a rpve6b� the City Council; Goose Lake Ro g 11 be closed ar uV2unekl�th; tha� Auto �uction Iglerun s Permit and rezoning was approve y ity Council; t ie one peci gricu lure rezoning was approved; the RPM Graphics Home Occupation CUP was approved. He also stated Pat,j�n1�,lay th� Co 11.oggpv d avin of 125th A e and eding �i h Te jndustria�Park ease i ity stu Y. A �itio ly, anse has been ng UK rty o apse rove an Hennepin County about participating in the Study, he is also talking with the City of Maple Grove about purchasing some of their water for that area of Dayton, The Comprehensive Plan Amendment, the rezoning, and the preliminary plat and PUD of Minnesota RV were approved by City Council and the CUP for the Coffee Shop in downtown Dayton was revoked. Commission Chair Johnson asked Councilmember Liaison Hoke how far the improvements for 125th ve w uld o. Hoke replied that the Council approved improving 125th Ave. as far as East French Lake oadg Engineering Consultant Hansen informed the Commission the 125th Ave. improvement bids w.1The going out U0 d.Jul 6 anq %e �ouncil l ha of?lly be able to awgd the�id on the July 12 mee ing o e City ounce . o e state the i a or the project is to ave e excavation done with this fall and the paving done one year from now. 6. New Business. 6.1 Elsie Stephens Conditional Use Permit Staff provided an overview of the application. Stephen Boulka has applied for approval of a conditional use permit to allow an accessory dwelling structure,permitted by a conditional use permit on the Elsie Stephens property located at 14430 Dayton River Road. The legal description of the property is All that part of Govt lot 1 in Sec. 9 T 120 R 22 lying nely of Co. Rd. No. 12, also all that part of Govt lot 3 in Sec. 10 T 120 R 22 lying nely of said, Hennepin County Minnesota. http://www.ci.dayton.mn.us/pc06O9O5.htm 1/11/2006 Planning Commission Meeting Page 2 of 4 The property is approximately 15.614 acres in size. The property currently has an occupied primary dwelling structure located on it and two secondary dwelling units, one of which has been in continuous use and one which has not been used for a few years. The currently vacant second dwelling unit has been vacant since a few years ago when it was damaged by fire and which has been partially renovated since that time. The structure has its own private well, septic system, gas, electricity, and garage. The property owner would like to restore the partially destroyed structure for a second home on the property. The driveway for this second home branches off of the existing driveway that serves the main house. The property will remain one as 15.614 acre parcel. The Concept Guide Plan of the Comprehensive Plan shows this area as guided for R-P Public Recreation. It is surrounded by land that is guided for agriculture and residential in the 2020 Comprehensive Plan. The property, and surrounding area, has always, in the past, been zoned for Agriculture. The property is served by a private septic system and a private well. The second residence will be served by a separate private septic system and a private will. The applicants would like to continue to use the primary home on their parcel, and also use the two secondary "farm-help" type homes on the property. The use is not a new use, as there have been two secondary homes on the property in addition to the primary home for decades, however as one of the homes has been vacant since the 1980s and there is no known conditional use permit for the accessory dwelling unit, a conditional use permit is required to use the additional home as an accessory dwelling unit. The conditional use permit is being requested for a type of residential property would allow an unattached structure to be located in the front of the home instead of behind the home. Commission Chair Johnson opened the public hearing. Commission Chair Johnson closed the public hearing. Commissioner Fowler asked Planner Atkinson if after the renovation, would the footprint be the same as it is now? Planner Atkinson stated the footprint would stay the same, and that the improvements to the second building will be primarily internal. Commissioner Dahlheimer asked Planner Atkinson if the Conditional Use Permit would pass on to the next person who resides at the home? Planner Atkinson replied yes it would, but the Commission could recommend that it be an interim use permit instead, which would only apply to this current property owner, or the Commission could leave it as it is currently stated that the use - - --could be used by the future property--owners. Councilmember Liaison Hoke stated that maybe the permit should expire when the property is subdivided. Commissioner Chair Johnson stated that would be creating and interim use permit. Councilmember Liaison Hoke discussed whether it should be an interim or conditional use permit, and the effect when they subdivide the property so that the owners would have to either create a new lot for the building or remove the building. Planner Atkinson stated that the cautious way would be to change the CUP or IUP to the permit only being valid until the land was subdivided. Applicant Steve Boulka stated that the family has no intent of subdividing the property in the future. He stated that the 2020 Comprehensive Plan for the property is guided as park so any future subdividing of the land is probably not going to be approved. He asked the Commission to allow the CUP and to allow the title to change ownership in the family if the owner, Elsie Stephens, died. He stated the family has no intent to sell the property to anyone outside of the family and the only reason the title would ever change names is because a family member has died and the property is getting passed down to someone else within the family. http://www.ci.dayton.nm.us/pc06O9O5.htm 1/11/2006 Planning Commission Meeting Page 3 of 4 Commissioner Fowler asked Planner Atkinson if the land was shown in the 2020 Comprehensive Plan as parkland. Planner Atkinson stated that it was. The Applicant stated that according to the 2020 Comprehensive Map the property would have to remain as is or it change into parkland. Councilmember Liaison Hoke stated the use wouldn't cease to exist, if the land ever was subdivided the house would have to have a lot created around it and the permit would cease to exist. ACTION: Motion by O'Brien, second by Fowler to recommend the City Council approve of the Conditional Use Permit. Ayes: all 6.2 Cemstone Waiver of Plat Cemstone has been working on environmental reviews (AUAR) and preliminary background work related to the development of the proposed area for some time. They are continuing to work towards making a full subdivision application, but would like to purchase the property prior to the full subdivision approval occurring. Cemstone has submitted a request for"Waiver of Plat" to allow 3 existing parcels to be redrawn as 4 different parcels as a metes and bounds plat. The City has the option to consider the waiver of plat, after holding a public hearing. Any approval granted would require an agreement between the City and property owner preventing the use of the land until it is subdivided as part of a full subdivision and also retaining all of the City's subdivision requirement rights and requirements until that time. City Staff provide the following information: Existin2 Parcels Parcel Number General Location Lot Size 31-120-22-44- Western most portion of the land being developed, 49.496 acres 0002 including a 1.704 acre parcel north of Territorial and extending south to the Interstate and City border. 32-120-22-33- Small parcel located between two 40 approximately 4.991 acres 0002 40-acre parcels 31-120-22-41- Eastern half of the land being subdivided, extending 50.247 acres 0002 south to the Maple Grove border and east to Holly Lane Pro osed Parcels Proposed Parcel General Location Lot Size Label A The portion of Parcel 31-120-22-44-0002 that extends 1.704 acres* north of Territorial Rd. *This is less than the minimum lot size, but would likely meet the test for a variance B The proposed Cemstone lot, which is almost a flag-lot 29.376 acres in appearance as it includes the land proposed to be under the railroadspur C This is a triangular parcel located north of the 10.766 acres proposed railroad spur, south of Territorial Road and east of Cemstone. http://www.ci.dayton.mn.us/pc06O9O5.htm 1/11/2006 PLANNING COMMISSION CONTACT INFORMATION Updated January 10,2005 Name Term End Date • Joel Stromgren, Chair 12/08 2512 Silver Lane NE, #205 St. Anthony, MN 55421 (home) 612-781-7048 (work) 612-278-7690 (e-mail) istromgrenQmillerdunwiddie.com Todd Hanson, Vice Chair 12/07 4008 Penrod Lane St. Anthony, MN 55421 (home) 612-781-6701 (work) 612-781-4730 (e-mail) thansonod(a-)isd.net Don Jensen 12/08 3004 Armour Terrace St. Anthony, MN 55418 (home) 612-789-0325 (e-mail) djensen@meridianlandcompany.com Jim Hoska 12/06 3209 - 31"Avenue NE St. Anthony, MN 55418 (home) 612-781-8836 (cell) 612-325-1662 Victoria Young 12/06 3113 Rankin Road • St. Anthony, MN 55418 (home) 612-781-5928 (e-mail) vmyoung@stthomas.edu Jan Jenson 12/06 2812 Hilldale Avenue St. Anthony, MN 55418 (home) 612-788-1242 (work) 612-951-5234 (cell) 612-282-0308 Heath Galyon 12/07 3516 Sky Croft Drive St. Anthony, MN 55418 (home) 612-788-1162 (e-mail)hlgalyoonkcomcast.net Staff Liaison: Kim Moore-Sykes, Assistant City Manager City Hall: 612-782-3312 (direct) Fax: 612-782-3302 E-Mail: kmoore@ci.saint-anthony.mn.us Recording Secretary: Bonnie Sullivan 8556— 140" St. W. Apple Valley, MN 55124 40 HAPlarmingTC Members List\pc address 2006.doc