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HomeMy WebLinkAboutPL PACKET 11172009 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104980 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 11172009 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAYS NOVEMBER 17,r 2009 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF SEPTEMBER 15j, 2009. VI. COMMUNICATION WITH CITY COUNCIL. VII. PUBLIC HEARINGS. NONE VIII. CONCEPT REVIEWS. NONE IX. OTHER BUSINESS. NONE X. REPORTS FROM STAFF. X.1. CODE ENFORCEMENT REPORT X.2. REVIEW OF ZONING ORDINANCE REVISIONS XI. COM M U NIIY FORUM. Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium,sign their name and address on the form at the podium, slate their name and address for the Cerk'7 record, and limit their remarks to five minutes. The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XII.1. LAND USE GROUND RULES — JANUARY 19, 2007 XII.2. GTS LAND USE PLANNING WORKSHOPS, 2010 XIII.ADJOURNMENT. F:\Planning\PC Agendas\2009\11172009 pc agenda.doc 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 SEPTEMBER 15, 2009 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Stromgren called the meeting to order at 7:00 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Stromgren invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Stromgren; Commissioners Jensen, Heinis, Jenson, Crone, 20 and Chaput. 21 Absent: Commissioner Cincoski. 22 Also Present: Assistant City Manager Kim Moore-Sykes. 23 24 IV. APPROVAL OF MEETING AGENDA. 25 26 Assistant City Manager Moore-Sykes requested the addition of Agenda Item IX.2 —Resignation 27 of Planning Commission Chair. 28 29 Motion by Commissioner Jensen, second by Commissioner Jenson, to approve the Planning 30 Commission Meeting Agenda of September 15, 2009 as amended. 31 32 Motion carried unanimously. 33 34 V. APPROVAL OF MEETING MINUTES 35 36 Motion by Commissioner Jenson, second by Commissioner Chaput, to approve the August 18, 37 2009 Meeting Minutes as presented. 38 39 Motion carried 5-0-1 (Crone abstained). 40 41 VI. COMMUNICATION WITH CITY COUNCIL 42 43 None. 44 45 VII. PUBLIC HEARINGS 46 47 None. 48 49 VIII. CONCEPT REVIEWS Planning Commission Regular Meeting Minutes September 15, 2009 Page 2 1 2 VIII.1. AUTUMN WOODS —ASSISTED LIVING PROJECT 3 4 Assistant City Manager Moore-Sykes informed the Planning Commission that Mr. Greg Bronk 5 and the LaNel Group are proposing to construct approximately 50 units of assisted living units at 6 2580 Kenzie Terrace. It is hoped that construction could begin late 2009. Mr. Bronk and Ms. 7 Caitlin Goff have met several rimes with city staff to discuss the project and the implied zoning 8 and land use requirements. Assistant City Manager Moore-Sykes provided an overview of the 9 planned design of the assisted living facility. 10 11 Mr. Greg Bronk, President of LaNel Group,provided background information on LaNel Group 12 and the proposed Autumn Woods Assisted Living Project. He stated LaNel Group sees a need 13 for assisted living in St. Anthony. They see this project as a good companion to the existing 14 Autumn Woods facility; it will be built to be complimentary to the existing facility. Mr. Bronk 15 stated LaNel Group would like to begin construction this fall or into the winter. The partnership 16 with the current Autumn Woods facility would be the partnership in the new development going 17 forward. 18 19 Mr. Jay Nelson, Architect representing the Autumn Woods Assisted Living Project,presented 20 schematic plans for the proposed project. The building is planned to be four stories in height with 21 three story end caps. The general shape of the building will be L-shaped. Parking will be on the 22 lower level of the building. A gazebo and outdoor space are planned for the back of the building. 23 24 Mr. Bronk and Mr. Nelson provided the following information in response to questions of the 25 Planning Commission on the proposed Autumn Woods Assisted Living Project. The site will 26 include water and garden features, but a rain garden is not planned due to the clay on-site. 27 Rainwater will drain towards Kenzie Terrace where there is a storm sewer. The current parking 28 planned for the project includes 41 stalls on the lower level of the building. This equals 29 approximately one car per unit and also allows for some staff parking. There will be parking 30 available outside for visitors. Screening will be accomplished with trees that are green 31 throughout the year and will act as a buffer from the residential area to the south. LEED 32 certification is not planned for the building at this time; however, the building will be energy 33 efficient. A separate skilled care building is not in the long-term plans,but care suites are a 34 possibility for the facility. The building footprint is currently estimated at approximately 16,000 35 square feet with a land use ratio on the site of less than 50%. 36 37 Chair Stromgren recommended the applicant provide a current site plan if they decide to move 38 forward with a PUD on the proposed assisted living project. He stated landscaping will be a large 39 issue. Stonmwater management standards have changed since the applicant previously came 40 forward with restrictions the Metropolitan Council has put on the City and programs the City has 41 implemented. He recommended the applicant provide additional detail on parking with the 42 numbers clearly laid out. He recommended the applicant provide more detailed information on 43 elevations and materials. He noted most of the questions previously put forward by residents 44 appeared to relate to a buffer to the residential area to the south and landscaping. 45 Planning Commission Regular Meeting Minutes September 15, 2009 Page 3 1 Two property owners abutting the proposed facility expressed concern regarding the proposed 2 height of the building adjacent to their back yards. 3 4 Chair Stromgren explained their the role as the Planning Commission and informed the residents 5 there will be public hearings held at a later date by the Planning Commission and the City 6 Council for further public input. 7 8 IX. OTHER BUSINESS. 9 10 IX.1 REVIEW OF FENCE HEIGHT ORDINANCE 11 12 Assistant City Manager Moore-Sykes presented the staff report on a possible amendment to the 13 Fence Height Ordinance. She stated at the last Planning Commission meeting staff presented 14 information that generally, most communities limit their fence height to six feet in side and rear 15 yards. The stated purpose for regulation is to "promote a pleasant physical environment and to 16 protect the public and private property within the City by regulating the location, height, type of 17 construction, and maintenance of all fences."Most communities feel that fences taller than six 18 feet do not promote a very neighborly community. Assistant City Manager Moore-Sykes 19 indicated that since the City began tracking variances electronically in 2007, of the 56 variances 20 applied for, only two variance requests were submitted for fence heights. Because so few 21 variances to the fence height regulations have been requested, staff does not recommend 22 changing the City Ordinance to allow 8-foot fences. She noted that occasionally, on a case-by- 23 case basis, an 8-foot fence may be necessary in some situations. 24 25 Assistant City Manager Moore-Sykes reviewed the two variances granted in the City that were 26 associated with fence height. She explained that the variance requests were more for the 27 mitigation of noise and light rather than an increased need for security or privacy. She stated 28 staff found that the City of Prior Lake is one of the few metro area communities that allows for 29 the installation of an 8-foot fence in the Residential Zoning District, but only for properties 30 abutting a state highway or county road. If the Planning Commission recommends and the City 31 Council favors changing the City Code to allow for 8-foot fences in situations similar to those 32 allowed for by the City of Prior Lake, then staff would recommend that 8-foot fences be an 33 approved conditional use in the residential zoning district where the property abuts a county or 34 state road. She reported that the Fire and Police Departments have stated no firm objections, 35 except that there may be some difficulty accessing the property in an emergency. The Fire Chief 36 stated that he would prefer gates to be required if 8-foot fences are allowed in certain situations. 37 38 Chair Stromgren noted the handout from the League of Minnesota Cities provided on the 39 differences between conditional use permits and variances, which helps to clarify questions from 40 the previous meeting. 41 42 Commissioner Jenson stated his support of not changing the Fence Height Ordinance for the very 43 small percentage of requests that have been received. 44 Planning Commission Regular Meeting Minutes September 15, 2009 Page 4 1 Chair Stromgren commented there does not seem to be many properties this would apply to. He 2 noted that the Planning Commission has a broad purview in determining hardships relating to 3 variances for issues such as topography. 4 5 A resident, who wanted to remain anonymous, stated he lives in an area where there is a property 6 with a 6-foot fence that does not have a gate. The fence goes all around the house and is flush 7 with the front of the house, while it is supposed to be flush with the back of the house. He 8 expressed concern that there was recently an emergency call at the property where the responders 9 needed to go over the fence because there is not a gate. 10 11 Chair Stromgren indicated that enforcement for the concerns expressed fall under the Housing 12 Inspection in the Fire Department in relation to the maintenance and Building Inspection in 13 relation to the height and construction. 14 15 Commissioner Jensen commented that the inclusion of gates would fall under the purview of the 16 building official due to the requirement for a building permit. He noted in relation to the 17 discussion on conditional use permits and variances, it would be beneficial to have a tool in some 18 cases where individuals may not have a compelling application and may need assistance in 19 drafting the findings for a variance. This may just be staff working with the applicant to 20 determine the reason for the fence request. This is where the special use permit walked the fine 21 line between the conditional use permit and the variance. 22 23 IX.2. REPLACEMENT OF PLANNING COMMISSION CHAIR 24 25 Chair Strom en indicated he will be unable to finish out his term as he will be relocating after l�' g 26 his upcoming marriage. 27 28 Assistant City Manager Moore-Sykes advised on the procedure for the position of Chair to be 29 taken over by the Vice-Chair for the remainder of this year. In December, the Planning 30 Commission would elect a Chair and Vice-Chair. 31 32 X. REPORTS FROM STAFF 33 34 X.1. CUPs AND VARIANCES 35 36 Discussed under Agenda Item IX.1 37 38 XI. COMMUNITY FORUM. 39 40 None. 41 42 XII. INFORMATION AND ANNOUNCEMENTS. 43 44 XII.1. PC MEMBERS TERMS 45 Planning Commission Regular Meeting Minutes September 15, 2009 Page 5 1 Assistant City Manager Moore-Sykes stated a list of commission member terms has been 2 provided. Three of the terms expire at the end of 2009. Generally, letters of intent to be 3 reappointed are submitted by the end of October to allow the City Council an opportunity to 4 review any reappointment requests and to appoint vacant commission seats. 5 6 XII.2. COMMISSION INPUT 7 8 Commissioner Crone encouraged commissioners attend the Silverwood Park Grand Opening one 9 week from Saturday. 10 11 XIII. ADJOURNMENT. 12 13 Motion by Commissioner Jenson, second by Commissioner Jensen, to adjourn the meeting at 14 8:05 p.m. 15 16 Motion carried unanimously. 17 18 Respectfully submitted, 19 Carol Hamer 20 TimeSaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission Report No.: X.I. From: Kim Moore-Sykes,Assistant City Manager Date: November 17,2009 Subject: Code Enforcement Report The Fire Chief will be attendance at the November 17, 2009 Planning Commission meeting to give a report on this year's Code Enforcement activities. The Fire Department is responsible for housing code issues in the City and works with residents and business owners to bring any and all code violations into compliance. The Fire Chief submits a Code Enforcement Report to the City on a quarterly basis. Copies of these reports are also provided to the Planning Commission for their review and comment. FAPlanning\Staff Reports\2009\MiscelIan eous\111709 Code Enforcement Report.doc 1 AnthonySt • . Memo TO. Mayor,Council,and City Manager From: John Fire Chief Date: Oct 7,2009 Re: Code Enforcement Report Please find attached a summary of City Ordinance enforcement activity as conducted by the members of the Fire Department for the third quarter of 2009. In addition to these, many questions and problems are efficiently handled by the administrative staff by phone or in person (walk-ins to City Hall and Fire Station)and do not generate a record of the activity. Should you have any questions or require more detailed information please contact me at any time. Have a great day, John Fire Chief 0 Page 1 ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY ' Third Quarter 2009 CASE# DATE VIOLATION ADDRESS COMPLAINT OFFICER STATUS 193 7/2/2009 2700/2702-37th Avenue NE Rental Ins ecdon RL Closed 194 7/7/2009 3109 Ed emere Long Grass RL Closed 195 7/7/2009 3608 Maplewood Dr Long weeds RL Closed 196 7/7/2009 3027-31 st Avenue Long Grass/Pool Concerns RL Closed 197 7/7/2009 3420 Beldon Drive Long Grass RL Closed 198 7/9/2009 3106-39th Avenue NE Rental Ins coon JH Closed 199 7/13/2009 3713-3800 Foss Road Rental Ins coon JH Closed 200 7/13/2009 3204-39th Avenue Rental Inspection JH Closed 201 7/1.3/2009 3721 Chandler Drive Rental Ins ecUon JH Closed 202 7/14/2009 2801 Pahl Avenue Weeds/Grass JH Closed 203 7/14/2009 3724 Chandler Drive Rental Ins ecUon JH Closed 204 7/14/2009 3226/3228 Roosevelt Rental Ins ecdon JH Closed 205 7/16/2009' 4104-4106 Silver Lake Road Rental Inspection JH 206 7/16/2009 2524 St.AnthonyRd Rental Ins ecUon JH Closed 2501 Lowry Avenue 207 7/16/2009 A-17,A-35,G19,E-25 Rental Ins ecdon JH 208 7/21/2009 3113 Rankin Rd Garbage Cans RL Closed 209 7/21/2009 3212-33rd Avenue Daycare RL Closed 210 7/21/2009 300431st Avenue Trailer on grass RL Closed 211 7/21/2009 3.101 Edwards Dog Ordinance RL Closed 212 7/21/2009 2913-29th Avenue Expired Plates RL Closed 213 7/28/2009 2416-27th Avenue Weeds RL Closed 214 7/30/2009 3901 Foss Road Garbagepick-up RL Closed 215 7/30/2009 3306-39th Avenue Trailer on grass RL Closed 216 7/30/2009 3202-39th Avenue Weeds/long grass RL Closed 217 7/30/2009 Wend 39th-&Stinson Signs RL Closed 218 7/30/2009 3101 Rankin Road Gutter RL Closed 219 7/31/2009 3512 Silver Lake Raod Rental Ins ecUon JH Closed 220 7/31/2009 2900 Rankin Road Rental Inspection JH Closed 221 7/31/2009 2519-2521 33rd Avenue Rental Ins ecUon JH Closed 222 8/4/2009 291436th Avenue Long Grass RL Closed 223 8/4/2009 1 3637 Stinson Blvd Long Grass RL Closed 224 8/4/2009 1 3639 Stinson Blvd. Garbage, RL Closed ST. ANTHONY -CITY CODE ENFORCEMENT ACTIVITY Third Quarter 2009 CASE# DATE VIOLATION ADDRESS COMPLAINT OFFICER STATUS 225 8/4/2009 2501-27th Avenue Sign Ordinance RL Closed 226 8/4/2009 3522 Skycroft Drive Long-Grass RL Closed 227 8/7/2009 Hwy 88&St.AnthonyBlvd Sign Ordinance JH Closed 228 8/10/2009 3121 Rankin Road Long Grass/Garbage Cans RL Closed 229 8/10/2009 3920 Malaster Drive Long Grass/Weeds RL Closed 230 8/12/2009 3001-29th Avenue Long grass/Weeds RL Closed 231 9/12/2009 2416-27th Avenue Weeds in alley RL Closed 232 8/12/2009 2616 Wilson Street Weeds in alley RL Closed 233 8/12/2009 2417 St.AnthonyBlvd. Weeds in alley RL Closed 234 8/12/2009 2900 Roosevelt Street Grass&Weeds RL Closed 235. 8/12/2009 3207 Stinson Blvd Grass&Weeds RL Closed 236 8/12/2009 3600 Edwards Grass&Weeds RL Closed 237 8/14/2009 3405-33rd Avenue Ne Rental Ins ecdon JH Closed 238 8/17/2009 3929 Shamrock Road Washer on front lawn JH Closed 239 8/17/2009 2720 Hwy 88 Sign Ordinance JH Closed 240 8/17/2009 3805 Silver Lake Road Sign Ordinance JH Closed 241 8/17/2009 3312 Silver Lake Road Sign Ordinance JH Closed 242 8/17/2009 2700-39th Avenue .Sign Ordinance JH Closed 243 8/17/2009 3704 Silver Lake Road Sign Ordinance JH Closed 244 8/19/2009 3621 Stinson Blvd. Car on grass RL Closed 245 8/19/2009 2914-36th Avenue Long Grass second notice RL Closed 246 8/20/2009 3125 Roosevelt Street Garbage Cans RL Closed 247 8/20/2009 3117 Roosevelt Street Garbage Cans RL Closed 248 8/20/2009 2812 Townview Garbage Cans RL Closed 249 8/20/2009 3333 Stinson Blvd Garbage Cans RL Closed 250 8/20/2009 3329 Stinson Blvd Garbage Cans RL Closed 251 8/20/2009 2604/2606-37th Avenue Garbage cans RL Closed 252 8/20/2009 2608-37th Avenue Garbage Cans RL Closed 253 8/20/2009 3630 Beldon Drive Garbage Cans RL Closed 254 8/21/2009 3308-3310 Roosevelt Street Rental Inspection JH Closed 255 8/21/2009 2600 Kenzie Terrace Sign Ordinance JH Closed 256 8/24/2009 2921 32nd Ave Garbage Cans JH Closed 267 8/24/2009 2516-29th Avenue Truckbox and parts in front yard JH Closed ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY Third Quarter 2009 CASE# DATE VIOLATION ADDRESS COMPLAINT OFFICER STATUS 258 8/24/2009 2708-33rd Avenue Sign Ordinance JH Closed 259 8/25/2009 2409 St.AnthonyBlvd. Long Grass/Cars on Lawn RL Closed 260 8/25/2009 2513 St.AnthonyBlvd. Long Grass RL Closed 261 8/25/2009 3621 Harding Street Garbage Cans RL Closed 262 8/25/2009 3632 Harding St. Garbage Cans RL Closed 263 8/25/2009 3611 Harding Street Garbage Cans RL Closed 264 8/25/2009 3605 Harding Street Garbage cans RL Closed 265 8/25/2009 3541 Harding Street Garbage Cans RL Closed 266 8/25/2009 3537 Harding Street Garbage Cans RL Closed 267 8/25/2009 3424 Coolidge Street Garbage Cans RL Closed 268 8/25/2009 3425 Coolidge Street Garbage Cans RL Closed 269 8/25/2009 2801 -36th Ave. Expired Plates RL Closed 270 8/25/2009 3208 Skycroft Drive Expired Plates RL 271 8/25/2009 3210-39th Avenue Garbage RL Closed 272 8/25/2009 3.101-39th Avenue Lbng Grass&Weeds RL Closed 273 8/25/2009 3209 Ed emere Long Grass RL Closed 274 8/27/2009 3121 Roosevelt Street Garbage Cans RL Closed 275 8/27/2009 3120 Roosevelt Street Garbage Cans RL Closed 276 8/27/2009 3221 Croft Drive Garbage Cans RL Closed 277 8/27/2009 3612 Penrod Lane Garbage Cans RL Closed 278 8/27/2009 3301 Wendhurst Garbage Cans RL Closed 279 8/27/2009 3913 Fdrdham Drive Garbage Cans RL Closed 280 8/27/2009 3916 Macalester Garbage Cans RL Closed 281 8/28/2009 2601 Kenzie Terrace Rental Inspection JH Closed 282 8/28/2009 3008 010-Highway 8 Rental Inspection JH Closed 283 9/1/2009 3009 Crestview Garbage RL Closed 284 9/1/2009 2501 Crestview Weeds RL Closed 285 9/1/2009 2510 Kenzie Terrace Long Grass FtL Closed 286 9/1/2009 3408 Harding Street Long Grass RL Closed 287 9/112009 2601 -35thAvenue Gatba 6 kL Closed 288 9/2/2009 3645 Chelmsford Road Rental Inspection JH Closed 289 9/3/2009 3408 Belden Drive Inoperable car RL Closed 290 9/3/2069 ' 3601 Stinson Blvd Long Grass RL Closed ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY Third Quarter 2009' CASE # DATE _ VIOLATION-ADDRESS COMPLAINT OFMCER _ STATUS 291 9/10/2009 3302-39th Avenue Trailer on grass RL Closed 292 9111/2009 2934 Old Highway 8 Rental Inspection JH Closed 293 9/15/2009 2409 St.AnthonyBlvd. Smelly Dumpster/Empty Home JH Closed 294 9/15/2009 3506'Goolid a Street Garbage JH Closed 295 9/17/2009 3636 Penrod Lane Long Grass/Weeds . JH Closed 296 9/17/2009 3657 Silver Lake Road -Long Grass/Weeds JH. Closed 297 9/18/2009 2606=37th Avenue Rental Ins coon JH Closed 298 9/21/2009 3536,"Silver Lake Road Failure to apply for Rental License JH 299 9/21/2009 2905-32nd Ave Failure to apply for Rental License JH 300 9/21/2009 3635 Belden Drive Failure to apply for Rental License JH 301 9/21/2009 3006 Croft Drive Failure to apply for Rental License JH 302 9Y21/2009 3042 Old Hidhway 8 Failure to apply for Rental License JH Closed 303 9/21/2009 3305-3307 Roosevelt Street Failure to apply for Rental License JH 304 9/21/2009 3401•Roosevelt Street Failure to apply for Rental License JH Closed 305 9/25/2009 1 3417 Edward Street Garbage Can's/Weeds JH s STAFF REPORT To: Planning Commission Report No.: X.2. From: Kim Moore-Sykes, Assistant City Manager IM2 Date: November 17,2009 Subject: Zoning Ordinance Revisions The following is a list of revisions that were suggested by Staff, residents, the City Attorney and Commissioners in July 2005. Since then, the City Code has been reviewed and revised to include many of these proposed changes made by the Planning Commission. Amend Section 1660- Regarding Conformity language. Now amended and part of§152.003 and §152.225-§152.226. Accessory Uses. Found as part of the Zoning Code,§152 with each zoning district listing permitted and conditionally permitted accessory uses. Home businesses are not specifically listed as a permitted accessory use for any residential zoning district. Customary Home Occupations as Accessory Uses. Home businesses are not specifically listed as a permitted accessory use for any residential zoning districts. Day care centers and groups homes are regulated by state agencies and exist in residential zoning districts. Day care centers are allowed by City Code in the Commercial District and in the Industrial District with a Conditional Use Permit. Non-Commercial Opinion Sign Ordinance. The Sign Ordinance,formerly Chapter 14, SIGNS has been amended and made part of TITLE XV, LAND USAGE. Non-commercial opinion signs are allowed in the City's Sign Ordinance with size and placement restrictions (155.23, (B)(F); 155.29, (A)(b)). Amend Section 810.03 to include language allowing native prairie plants. This has been discussed from many aspects of public safety. According to some literature about prairie plants,various types do best when exposed to fire as part of their growing cycle,which for obvious reasons would not be permitted by the City. Also, because some varieties do grow quite tall,they may obstruct traffic sight lines for the neighborhood. There are other native plants that are more appropriate to this area, are drought-resistant, do not require fire as part of their life cycle, etc. This section remains unchanged in the updated and revised City code. Amend PUD to include smaller areas than the 3 acre minimum. This section remains unchanged in the updated and revised City code. Information about Planned Unit Development(PUD) is found in Chapter 152.201. Earlier this year, the Council approved a final version of the revised Code and which is now in use. As indicated by this Staff Report,many of the above listed issues have been resolved by being amended or incorporated into the City Code or as the result of this update. Some other items for consideration in the past have been: Electronic Gas Pricing Sign. The City continues to prohibit the use of electronic gas pricing signs. F:\Planning\Staff Reports\2009\1 11709 Ordinance Revision Information.doc Eight-foot fences. The fence height maximum of six(6)feet remains unchanged in the updated and revised City code. The Planning Commission reviewed proposed changes to the City Code to increase the fence height to eight(8)feet. Egress Windows. Two years ago,the Planning Commission reviewed a proposed change to allow egress windows as an allowable encroachment into the setbacks providing that the rights-of-way were preserved. The Planning Commission recommended the proposed change to the City Code and the City Council approved the ordinance changes regarding egress windows. F:\Planning\Staff Reports\2009\111709 Ordinance Revision Information.doc Zoning Code (8) Prescribe penalties for violations; and (9) Define the powers and duties of the city staff, the Board of Adjustments and Appeals, the Planning Commission, and the City Council in relation to the zoning code. (1993 Code, § 1600.02) § 152.003 SCOPE. The use of all property in the city must comply with the zoning code. Any building, structure, or use lawfully existing on 8-2-1976 and continuing to lawfully exist to the date of adoption of this zoning code, but not in conformity with this zoning code,will be regarded as nonconforming. The nonconforming uses and structures may be continued subject to the provisions of§§ 152.225 and 152.226. (1993 Code, § 1600.03) § 152.004 INTERPRETATION. The intent and purposes set forth in § 152.002 will be considered in interpreting and applying the zoning code. If provisions of the zoning code impose greater restrictions than those of any statute, other ordinance, or regulation,the provisions of the zoning code will control. If provisions of any statute, other ordinance, or regulation impose greater restrictions than the zoning code, the provisions of the statute, other ordinance, or regulation will control. In this zoning code,the singular includes the plural and the plural the singular, the present tense includes the past and future tenses, the word "building" includes the word "structure," and the word "lot" includes the word "parcel." (1993 Code, § 1600.04) § 152.005 PERMITS REQUIRED. Except as provided in the zoning code, no building, structure, or premises may be erected, converted, enlarged, reconstructed, altered, used, or occupied unless it is in compliance with the zoning code, and an appropriate building permit has been issued. (1993 Code, § 1600.05) § 152.006 USES NOT SPECIFIED. If a use is not specifically permitted, permitted by conditional use permit, or prohibited, the use will be considered prohibited. (1993 Code, § 1600.06) 96 St. Anthony -Land Usage 6. Preliminary architectural "typical" plans indicating use, floor, plan, elevations, and exterior wall finishes of proposed building, including mobile homes; 7. A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, block, public and common open space, general landscaping plan, structure, including mobile homes, and uses; 8. Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The final development plan should clearly reflect the site treatment and its conformance with the approved preliminary development plan; 9. A final plat prepared in accordance with Chapter 151 if land is being subdivided; and 10. A soil erosion control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. (1993 Code, § 1655.10) NONCONFORMING USES AND STRUCTURES § 152.225 INTENT. It is the intent of this subchapter to permit nonconforming uses and structures, as defined in § 152.003, to continue until they are removed, but it is not the intent of this subchapter to encourage their survival, or to permit them to be enlarged,expanded, or extended. (1993 Code, § 1660.01) § 152.226 LIMITED CONTINUATION. A nonconforming use or structure may be continued only so long as it remains otherwise lawful and complies with the following provisions. (A) 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. (B) Expansion of use. No nonconforming use may be extended to occupy any additional land outside any buildings in which the nonconforming use is conducted. (C) 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. w Zoning Code BUILDING HEIGHT. The vertical distance measured from the elevation of the lot grade at the building setback line, to the top of the cornice of a flat roof, to the top of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance of the highest gable on a pitched or hip roof. BUILDING SETBACK. The distance between a building and a given lot line. COMMONAREAS. Privately-owned land in a residential development which is used for recreational purposes or is of an aesthetic nature, or provides access and is generally intended for the use and/or enjoyment of the residents of the development. CONDITIONAL USE. A use which is not classified as a permitted use but which may be permitted subject to conditions imposed by the City Council. CONDOMINIUM. Property to be owned and conveyed in accordance with the Minnesota Condominium Act, M.S. Chapter 515, as it may be amended from time to time. DAY-CARE FACILITY. A facility regulated by state law where adult supervision and care is provided for 3 or more children. DECK. A platform projecting from the wall of a building or constructed on top of a building designed to be used by people as space which is part of the structure. DRIVE-THROUGH FACILITY. A facility from which a product or service is dispensed, sold, rendered, or from which business is transacted, between a business establishment and persons in vehicles. DWELLING and DWELLING UNIT. A building or a unit in a building intended to be occupied by a person or persons as a place of residence, but excluding rooms in motels, hotels, nursing homes and boarding homes, and excluding trailers and tents. DWELLING, MULTIPLE. A building with 3 or more dwelling units, access to which is provided from a common internal hallway. DWELLING,SINGLE-FAMILY. A dwelling designed to accommodate 1 family. DWELLING, 2-FAMILY, A dwelling designed to accommodate 2 families in separate dwelling units, each unit with its own means of access. FAMILY. One person or 2 or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner of a residence plus 3 persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. 68 St. Anthony -Land Usage § 152.105 GENERAL REGULATIONS. Property in the R-4 District is also subject to the provisions of§§ 152.175 through 152.186. (1993 Code, § 1630.06) C GENERAL COMMERCIAL DISTRICT § 152.120 PURPOSE. The C District is intended to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets. (1993 Code, § 1635.01) § 152.121 PERMITTED USES. Within a C District, only the following uses are permitted: Accountants Antique shops Appliance stores Architects Art galleries Art or school suppIy stores Artists Attome s Auto accessory or parts stores Bakeries which sell at retail only Banks and savings and loan associations without drive-through facilities Barber and beauty shops Beverage stores for the sale of beverages for consumption off the premises Bicycle sales and service stores Bonding companies Zoning Code Book or stationery stores Bus stations of the Metropolitan Transit Commission Camera or photographic supply stores Candy, ice cream,soft drink or confectionery stores without drive-through facilities Carpet,rug and floor covering stores China and glassware stores Clothing stores Coffee houses without drive-through facilities Consultants Costume and formal wear rental stores Curtain and drapery stores Day-care centers without drive-through facilities Department,discount or variety stores Drug stores Dry cleaning,laundry and laundromat operations Educational and scientific research offices excluding laboratory facilities Electrical appliance stores Electronics stores Employment aenc offices Fabric stores Florists Funeral homes and mortuaries Furniture stores Garden supply stores Gift shops Government offices Grocery stores which do not have products or produce offered for sale outside the building Hardware,paint,wallpaper and home decorating stores Hobby stores Insurance agents 74 St. Anthony-Land Usage § 152.141 PERMITTED USES. The following uses are permitted within an LI District: (A) Automotive service and repair provided no junked autos are kept on the property; (B) Cleaning, laundering and dry cleaning facilities; (C) Contractors offices, if equipment or materials are screened according to § 152.184; (D) Engraving and printing; (E) Laboratories for research and testing; (F) Manufacturing of artists supplies, boats, building materials, confectionery goods, canvas, canvas products, cork products, dry goods, electric motors, generators, transformers, controls and components, electronics products and service, food stuffs (except meatpacking or slaughtering), furniture, glass, clay and ceramics products (not involving a blast furnace), leather products (not involving the tanning or processing of hides), machinery, machine tools, optical goods, photographic products and film processing(except film manufacture), secondary plastics products, including molding and injection processes, rubber products except primary rubber manufacturing, signs, and sporting goods; (G) Millworks; (H) Offices for administrative purposes and non-retail businesses; and (1) Warehouses, wholesalers or distributors for products permitted under division (F) above or for alcoholic beverages, chemicals, soaps, detergents, drugs, cosmetics, pharmaceuticals and toiletries, dry goods, meat and meat products, paper, paper products, steel goods, metal products which are rolled, drawn, stamped, extruded or cast, tile, brick, terra cotta, tires, automotive products, and wood products. (1993 Code, § 1640.02) § 152.142 PERMITTED CONDITIONAL USES. The following uses are permitted in an LI District only by a conditional use permit issued by the City Council: (A) Drug, cosmetic, pharmaceutical, and toiletries manufacture; (B) Canning or bottling other than malt products; (C) Enameling, painting, varnishing, lacquering, and japanning; Zoning Code (D) Freight terminals; (E) Meat packing which does not include the slaughtering of any kind of animal; (F) Steel or metal goods manufacturing processes, not involving blast furnace processes; (G) Day-care center without drive-through facilities; and (H) Not more than 2 dwelling units of not more than 11,650 square feet each, having no more than 1 bedroom each, for use as residences for caretakers for a mini-warehouse facility. No dwelling unit may be occupied by a person other than a bona fide caretaker of a mini-warehouse facility and the caretaker's spouse and dependent children. For purposes of this division (G), the term MINI- WAREHOUSE means a building or buildings designed and intended for warehouse use by 3 or more different tenants. (1993 Code, § 1640.03) § 152.143 ACCESSORY USES. Subject to the provisions of§§ 152.175 through 152.186, the following uses are permitted accessory uses in the LI District: (A) Storage sheds which do not exceed I story in height and which have been approved by the City Council as to size and design; and (B) Buildings temporarily located on the premises for purposes of construction for a period not to exceed completion of construction. (1993 Code, § 1640.04) § 152.144 DIMENSIONAL REGULATIONS. (A) Height. No structure may exceed 35 feet in height or contain more than 3 stories. (B) Lot area and width. The minimum lot area is 15,000 square feet, and the minimum lot width is 100 feet. (C) Front yard. The front yard must have a depth equal to the greater of 40 feet or a distance equal to the average of the setbacks of structures on the 2 adjoining lots. (D) Side yards. Side yards on interior lots must be at least 15 feet each. Side yards adjoining a street must be at least 40 feet. (E) Rear yards. The rear yard must be at least 15 feet in depth. STAFF REPORT To: Planning Commission Report No.: X.2. From: Kim Moore-Sykes, Assistant City Manager I Date: November 17, 2009 6 Subject: GTS Land Use Planning Workshops,2010 Annually, the Government Training Service (GTS)provides training sessions for new and experienced Planning Commissioners on various Land Use Planning and Zoning issues. For the newly appointed Planning Commissioners, two sessions—Basics of Planning & Zoning and Beyond the Basics of Planning& Zoning—are presented at the beginning of the year and are highly recommended. The GTS also has other sessions throughout the year for those Planning Commissioners who have experience sitting on a Planning Commission. The GTS has not published their training schedule for 2010 but copies of the 2009 schedules are provided in this packet as informational and provide a summary of what the training sessions includes. Once the training schedules are available, they will be provided to the Planning Commission. FAPIanning\Staff Reports\2009\MisceIIaneous\I 11709 Code Enforcement Report.doc Land Use Planning 2008 - Basics description Page lnfl AL Or 13 t ���� Land Use ��U�����^���� ��������n������ --- - ~ --~- ~- ~~--- Planning' �o - - ~~ ''--' '--�~~~ WorkshoD DescriDtionv Registratio Faculty Info," Credit Information CORE PROGRAMS Basics of Planning and Zoning Faculty: Richard Thompson and Eric Hedtkm 88mnoh 4-St. Paul April 8 -Little Falls 8:00 am '4:3O pm (check-in 8:30 em) Audience: For those new to land use planning or interested in an extensive review of fundamentals. This workshop covers the nuts and bolts of planning, zoning and subdivision regulation. Participants learn where they fit into the planning and zoning process, and how to maximize their impact Among topics tobeaddressed are: * The history, the process, the results * Implementation, exercising authority, zoning/subdivision ordinances, amendments, permits, enforcement w P|anning, zoning and subdivision |avvo. legal limitations, avoiding litigation, "due process," conducting aproper public hearing, recording your findings w Who participates inthe planning &zoning process; YOUR ro|e, responsibilities and opportunities w Hands-on simulations nfactual planning and zoning dilemmas w Hot Issues, answers bzyour questions Application for 6.0hours ofContinuing Real Estate Education Credit improcess. return to Land Use Planning Home }ttp://www.mugto.org/LandDoe/Baoicm.htm) 11/13/2009 2008 Beyond the Basics of Planning and Zoning Page 1 of 1 i< 2009 Land Use Planning Workshops Workshop Descriptions Registration Faculty Info Credit Information CORE PROGRAMS - Beyond the Basics of Planning and Zoning Faculty: Phil Carlson and Desyi Peterson April 8 -St. Paul April 30-Little Falls 9:00 am -4:30 pm (check-in 8:30 am) Fee: $125 Audience: For those who have a solid general knowledge of the planning process (1-2 years on Council, Board or Zoning/Planning Commission)or who have attended "The Basics" Participants learn about using planning and zoning tools to deal with a wide variety of development issues and obtain an in-depth review of the planning process.Attendees will learn: • A quick review of the history, source and limitations of authority to plan and zone; basic land use and zoning tools and standards;fundamental legal principles • The process and elements of comprehensive planning • Innovative ways to guide land use development;from PUDs and performance zoning to design guidelines and other"cutting edge" applications • Preparation and use of planning tools to handle various development problems • The planning process in depth from proper legal notice to development of findings of fact • Legal issues in depth:What is a taking?When can moratoriums be used?When must plats be approved?When are variances justified? How to treat conditional uses?What can be done with non-conforming uses? How to best position yourself for a lawsuit? How to manage the 60-day rule? • Case studies—actual urban, suburban and rural situations! • Answers to your questions on community zoning issues Approved for 6.5 hours of Continuing Real Estate Education Credit return to Land Use Home page http://www.mngts.org/LandUseBeyondtheBasics.html 11/11/2009 2009 Your Role As Planning Commmission Member Page 1 of 1 4. �oJ& a 2009 Land Use Planning Workshops Workshop Descriptions Registration v Faculty Info Credit information CORE PROGRAMS - Your Role As Planning Commission Member Faculty: John Shardlow March 18- Bloomington -Afternoon: 1:00-5:00 pm (check-in 12:30 pm) Registration Fee: $55 Audience: For members of City, County, Township Planning Commissions; also valuable for members of Boards of Adjustment and Appeals and other advisory commissions. As a Planning Commission member, you contribute hours of unpaid time to your community. Have you discovered that serving in this capacity is a bit more challenging than anticipated?This workshop will focus on what you need to know to be successful in this important position. You'll learn practical tips that can make the-difference between results and regrets.Topics include: . Keeping the"Big Picture" in mind • Setting significant(but realistic)Commission goals • Preparing an annual work program • Changing non-productive patterns of work . Forging healthy relationships with elected officials and staff(Plus...what to do if those relationships are unhealthy!) . • Ways to facilitate public participation in the planning process • Effective tools and techniques(models for a planning report and findings of fact designed to complement one another, primer on parliamentary procedure) • Handling controversial issues return to Land Use Home pane http://www.mngts.org/LandUse/PlanningCommission.html 11/11/2009