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HomeMy WebLinkAbout2011-05-24 CC Packet Enclosure Enclosure 10 • Oak Park Heights Request for Council Action Meeting Date May 24'" 2011 Time Required: 10 Mii ices , ,_,,, Agenda Item Title:__ Consider Zonin DistrictAmendments : -2 General Business District - -- building Regulations Agenda Placement _ -- Cold Business Ori Department /Requester __ AMC .lohnson C..it chnirii :try€ car f � Y Requester's Signature _ � Action Requested 1: isc ssion,•Possible Action Background. /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the enclosed attachments from City Planner Scott Richards 1. Memo dated May 18` 2011. 2. Memo dated May 4 2011 & related Exhibits 3. Findings of the Planning Commission .- See resolution 4. Final Draft Ordinance for Consideration Page 37 of 232 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile; 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: May 18, 2011 RE: Oak Park Heights — B -2 General Business District — Building Regulations TPC FILE: 236.01 — 11.01 BACKGROUND In recent months, the Oak Park Heights Economic Development Authority (EDA) has been looking at the former Denny Hecker site at Highway 36 and Osgood Avenue for potential redevelopment. The EDA is interested in assisting developers with the tools that the City has to offer in facilitating a quality redevelopment project at one of the main commercial intersections in the City. In 2010, the EDA purchased the property at 6180 Osgood Avenue for possible redevelopment or roadway access. City Staff has had conversations with interested developers that have discussed the potential advantages and limitations of these properties. Potential users for a portion of this site could be a hotel or office building. Many of the newer hotels constructed in the Metro area have been four stories and over the 35 foot height requirement that is in place for the B -2 District. Office buildings, especially on prominent roadway intersections are frequently over three stories and the 35 foot height limitation. With the difficulty and uncertainty in granting variances at this time, there may be no option for the City to exceed its height limitations. The B -4 District currently includes a provision under the Conditional Use Permit allowances to allow buildings over three stories and 35 feet. The City Council asked the Planning Commission to review the B -2 District and performance standards and to discuss the building height issue. The Planning Commission held a public hearing at its May 12, 2011 meeting as it relates to building height allowances for the B -2 District and recommended that the Zoning Ordinance should be amended. The recommended language is found as follows in this report. Page 38 of 232 PROPOSED B -2 LANGUAGE The Planning Commission discussed using the language from the B -4 District that allows structures over three stories and 35 feet with conditions. The conditions of the B- 4 District seem adequate, except for the increased setback provision. Please find the current language from the B -4 District: B -4 District (Current Language) 401.301.E.10 10. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. Staff would suggest the following text change to condition d. within the B -2 District. B -2 District (Proposed Language) 401.30.E.11 11. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased ten (10) feet. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2 Page 39 of 232 Note that Staff suggests that the setback be increased to 10 feet for each additional story and 10 feet above 35 feet. We also suggest that the exception for elder housing be removed. CONCLUSION /RECOMMENDATION The City Council, at its May 24, 2011 meeting should consider the B -2 Zoning amendment recommended by the Planning Commission. A copy of a draft amending Ordinance and a resolution of the Planning Commission is attached. • 3 Page 40 of 232 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: May 4, 2011 RE: Oak Park Heights — B -2 General Business District — Building Regulations TPC FILE: 236.01 — 11.01 BACKGROUND In recent months, the Oak Park Heights Economic Development Authority (EDA) has been looking at the former Denny Hecker site at Highway 36 and Osgood Avenue for potential redevelopment. The EDA is interested in assisting developers with the tools that the City has to offer in facilitating a quality redevelopment project at one of the main • commercial intersections in the City. In 2010, the EDA purchased the property at 6180 Osgood Avenue for possible redevelopment or roadway access. City Staff has had conversations with interested developers that have discussed the potential advantages and limitations of these properties. Potential users for a portion of this site could be a hotel or office building. Many of the newer hotels constructed in the Metro area have been four stories and over the 35 foot height requirement that is in place for the B -2 District. Office buildings, especially on prominent roadway intersections are frequently over three stories and the 35 foot height limitation. With the difficulty and uncertainty in granting variances at this time, there may be no option for the City to. exceed its height limitations. The B -4 District currently includes a provision under the Conditional Use Permit allowances to allow buildings over three stories and 35 feet. The City Council has asked the Planning Commission to review the B -2 District and performance standards and to discuss the building height issue. At its March 10, 2011 meeting the Planning Commission agreed to hold a public hearing at its May 12, 2011 meeting as it relates to building height allowances for the B -2 District. Page 41 of 232 EXHIBITS Please find the following information to assist you in your review: Exhibit 1. Section 401.30 B -2 General Business District Exhibit 2. Section 401.301.E.10 B -4 Limited Business District - Conditional Uses Exhibit 3. Section 401.15.0 General Yard, Lot Area and Building Regulations PROPOSED B -2 LANGUAGE The Planning Commission discussed using the language from the B -4 District that allows structures over three stories and 35 feet with conditions. The conditions of the B- 4 District seem adequate, except for the increased setback provision. Please find the current language from the B -4 District: B -4 District (Current Language) 401.301.E.10 10. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate.. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. Staff would suggest the following text change to condition d. within the B -2 District. The Planning Commission should discuss this provision as well as adding conditions or changing those proposed. B -2 District (Proposed Language) • 401.30.E.11 10. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. 2 Page 42 of 232 c. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased ten (10) feet. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. Note that Staff suggests that the setback be increased to 10 feet for each additional story and 10 feet above 35 feet. We also suggest that the exception for elder housing be removed. CONCLUSION /RECOMMENDATION After holding the public hearing and taking comments, the Planning Commission should consider the language as proposed in this report for amending the B -2 District, make any suggestions and changes, and make a recommendation to the City Council. 3 Page 43 of 232 EXHIBIT 1 401.30. B -2, GENERAL BUSINESS DISTRICT 401.30.A. Purpose. The purpose of the B -2, General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. 401.30.8. Permitted Uses. The following are permitted uses in a B -2 District: 1. Any permitted use in the B -1 District, 2. Banks, savings institutions, credit unions and other financial institutions. 3. Business, commercial, or trade schools. 4. Clinics, for people only. 5. Day care - group nursery (within single occupancy freestanding building). 6. Government and public utility buildings. 7. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 8. Restaurants, cafes, tea rooms, taverns and off -sale liquor. 9. Retail sales. 10. Commercial service uses. 11. Commercial recreation. 12. Libraries. 13. Offices, business or professional, including ticket sates. 14. Optical laboratories. 15. Sexually oriented use - principal and accessory. 16. Theaters, excluding drive -in type of service. 30 -1 Page 44 of 232 ' 401.30.C. Interim Uses. The following are interim uses in a 8-2 District: 18 1. Private and public elementary, junior or senior high schools for a time period not to exceed two (2) years provided that: a. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. b. Adequate off - street parking and access is provided on the site or on lots directly abutting across a public street or alley to the principal use in compliance with Section 401.15.F of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E of this Ordinance. c. If outdoor recreation or playfields are proposed, adequate screening and fencing from abutting residential uses is provided in compliance with Section 401.15.E of this Ordinance. d. Adequate off- street loading and service entrances are provided and regulated where applicable by Section 401.03.F of this Ordinance. e. Adequate emergency vehicle access is provided to and within the site. f. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. g. The provisions of Section 401.05.0 and 401.03.A of this Ordinance are considered and satisfactorily met. 401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 401.30.E. Conditional Uses. The following are conditional uses in a 8-2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Drive -in and convenience food establishments provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause 30 -2 Page 45 of 232 impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not Tess than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. c. Each light standard island and all islands in the parking lot landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15,F. of this Ordinance and shall be subject to approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 2. Car washes (drive through, mechanical and self - service) provided that: a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. • 30 -3 Page 46 of 232 b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. c. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.8.7 of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 1. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. j. Provisions are made to control and reduce noise. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Motor fuel station, auto repair -minor and tire and battery stores and service, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and /or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause 30 -4 Page 47 of 232 impairment in property values or constitute a blighting influence within a reasonable distance of the lot. c. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of- way and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. j. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. m. Provisions are made to control and reduce noise. 1 n. No outside storage except as allowed in compliance with Section 401.30.E.5 of this Ordinance. 1 o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. 30 -5 Page 48 of 232 p. Ali conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. q. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility. 4. Custom manufacturing, restricted production and repair limited to the following: art, needlework, jewelry from precious metals, watches, dentures, optical senses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.8. of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. c. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 5. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -way in compliance with Section 401.15.E. of this Ordinance. c. Storage area is grassed or surfaced to control dust. d. Ail lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 30 -6 Page 49 of 232 6 6. Open and outdoor services, sale, and rental as a principal or accessory use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.3.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City =s ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. s 30 -7 Page 50 of 232 { I. A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 8. Day care - group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound- proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site and use compatibility and sufficient peripheral area protection shall be provided by the day care facility. c. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required 30 -8 Page 51 of 232 fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off - street parking spaces required. e. Loading. One (1) off - street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. Conditional Use and State Regulations. Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 9. Cellular telephone antennas not located on a public structure, provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily. 6 10. Automobile repair -major as an accessory use limited only to new and used automobile dealerships not including truck or other vehicle repair, provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. 30 -9 Page 52 of 232 f. All islands in the parking lot shall be landscaped. g. A strip of not Tess than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 30 -10 Page 53 of 232 EXHIBIT 2 k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. The architectural appearance, design and building materials of residential structures shall be consistent with the Design Guidelines and subject to approval of the City Council. 10. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. 301. d b. The increased intensity of use does not cause an increase in traffic volumes E , 10 beyond the capacity of the surrounding streets. r,u c. Public utilities and services are adequate. '& d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 301 -8 Page 54 of 232 EXHIBIT 3 2) Sales shall be limited to a maximum of three (3) consecutive days and occurring no more than three (3) times within one (1) calendar year per property. 3) All goods shall be confined within a building and improved driveway with no display occurring within other portions of the front yard. 4) Signs shall be governed by Section 401.15.G of this Ordinance. 401.15.C. General Yard, Lot Area, and Building Regulations. 1. Yard Requirements. a. Purpose. This section identifies minimum yard spaces and areas to be provided for in each zoning district. • b. No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space Tess than the minimum required by this Ordinance, and if the existing yard or other open space as existing is Tess than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure. c. Where a commercial or industrial zoning district abuts a residential zoning district, the minimum building setback adjacent to the residential district shall be twenty (20) feet or three - fourths (3/4) of the building height, whichever is greater. • • • • 15 -13 Page 55 of 232 • 5 16 d. All setback distances, as listed in the table below, shall be measured from the appropriate lot line. District Front Yard Side Yard Rear Yard 0 50 feet 30 feet 50 feet R -1 30 feet' 10 feet 30 feet R -1A 30 feet' 10 feet 30 feet R-1B 30 feet" 10 feet 30 feet R-1C 30 feet' 15 feet 30 feet R -2 30 feet' 10 feet 30 feet • • R - 30 feet' 20 feet 30 feet R -B 30 feet 10 feet 30 feet 6-1 30 feet 20 feet 30 feet 6-2 40 feet 10 feet 20 feet B -3 40 feet 10 feet 20 feet B -4 40 feet 10 feet 20 feet B -W . 50 feet 20 feint • . 20 feet 50 feet 30 feet 40 feet • 1) Where adjacent structures within same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of adjacent structures. • 2) Not less than thirty (30) feet from lot line, if lot is on a corner. 3) Not less than twenty (20) feet from lot line, if lot is on a corner. 4) Not less than fifty (50) feet from a lot if lot abuts a residential zoning district. e. The following shall not be considered as encroachments on yard setback requirements: 1) Cantilevers chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two (2) feet into a required yard. 2) Uncovered terraces, steps, decks, uncovered porches, stoops or similar features provided they do not extend more than nine (9) inches above the lowest ground level of the principal structure, or to a 15 -14 Page 56 of 232 distance Tess than five (5) feet from a side yard and rear lot lines, or more than five (5) feet into a required front yard. No encroachment shall be permitted in existing or required drainage and utility easements. 3) In rear yards, recreational and laundry drying equipment, arbors and trellises, and air conditioning or heating equipment not exceeding established state noise levels, provided they are set back five (5) feet from side lot lines, eight (8) feet from the rear lot line, and not located within a utility and /or drainage easement, or as permitted in Section 401.35 of the shoreland regulations. No encroachment shall be permitted in existing or required drainage and utility easements. 4) A one story, covered entrance for a detached single family, duplex or townhouse dwelling may extend into the front yard setback not exceeding four (4) feet subject to the approval of a conditional use permit. 5) A required yard on a lot may be reduced by a conditional use permit if the following conditions are met: a) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. . e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. 1.0 The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 15 -15 Page 57 of 232 5' 16 2. Area and Building Size Regulations. This section identifies minimum area and building size requirements to be provided for in each zoning district as listed in the table below: District Lot Area Lot Width Building Height 0 5 acres 200 feet 35 feet R -1 10,400 SF 80 feet 35 feet R -1A 12,500 SF 85 feet 35 feet R-1B 15,000 SF 90 feet 35 feet R -1 C 20,000 SF 100 feet 35 feet R -2 10,400 SF 80 feet 35 feet R -3 15,000 SF 100 feet 35 feet R - B 15,000 SF 100 feet 35 feet B -1 15 ;000 SF ' 100 feet 35 feet 13-2 15,000 SF 100 feet 35 feet B -3 15,000 SF 100 feet 35 feet B-4 15,000 SF • 100 feet 35 feet B -W 30,000 SF 100 feet 35 feet 1 acre 100 feet 45 feet • 3. Lot Area Per Unit. (The lot area per unit requirement for townhouses, quadraminiums, condominiums and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership.) Two Family 6,000 square feet Townhouse, Quadraminium 4,000 square feet Multiple Family 2,500 square feet* Elderly Housing 1,000 square feet * Add 500 square feet for each bedroom over two bedrooms per unit. 4. Building Height Exceptions. The building height limits established for each zoning district shall not apply to the following list of items, except that no such structural element may exceed forty -five (45) feet in total height or exceed the maximum height of the building by more than five (5) feet, whichever is greater, except by conditional use permit. 15 -16 Page 58 of 232 a. Belfries. b. Chimneys or flues. c. Church spires. d. Cooling towers. • e. Cupolas and domes which do not contain useable space. f. Elevator penthouses. g. Flag poles. h. Monuments. ' Parapet walls extending not more than three (3) feet above the limiting height of•the building. • j. Water towers. k. Poles, towers and other structures for essential services. Necessary mechanical and electrical appurtenances. 5. Roof Equipment. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty -five (25) percent of the area on such roof nor exceed ten (10) feet in height unless otherwise noted. 6. Minimum Floor Area Per Dwelling Unit. a. Single Family Dwelling Units in R -1 Zoning Districts. Living units classified as single family dwellings shall contain at a minimum, nine hundred sixty (960) square feet of floor area. b. Other Dwelling Units. Except for elderly housing, all other dwellings shall have the following minimum floor areas per unit: Efficiency and One Bedroom Units 600 square feet Two Bedroom Units 720 square feet More than Two Bedroom Units An additional 100 square feet for each additional bedroom. • 15 -17 Page 59 of 232 c. Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen) housing units shall have the following minimum floor area per unit: Efficiency Units 440 square feet One Bedroom 520 square feet 7. Single Family Dwelling - Building Requirements. Single family homes within all zoning districts shall: a. Be constructed upon a continuous perimeter foundation that meets the requirements of the State Uniform Building Code. b. Not be less than thirty (30) feet in length and not less than twenty -four (24) feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal . walls. Dwellings shall also meet the minimum floor area requirements as set out in this Ordinance. c. Shall have a minimum roof overhang of one (1) foot. d. Have an earth covered, composition, shingled or tiled roof. e. Receive a Building Permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. The exterior architectural design of a proposed dwelling may not be significantly different from the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor significantly different from the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health, safety or general welfare. f. Meet the requirements of the State Uniform Building Code or the applicable Manufactured Housing Code. 25 8. Building Type and Construction. a. General Provisions. 25 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials, and roof type and pitch are complementary with surrounding properties. 15 -18 Page 60 of 232 25 2) Maintenance. All buildings in the City shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 25 3) Metal Building Finishes. No unfinished steel or unfinished aluminum buildings shall be permitted in any zoning district. High quality, non- corrosive steel, aluminum, or other finished metal shall be allowed for walls or roofs. 25 4) Prohibited Materials and Structures. a. Pole buildings and Quonset structures. b. Wood or metal poles as principal structure support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. 25 5) Accessory Buildings. All accessory buildings to residential dwelling units and non - residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Section 401.15.D of this Ordinance. 25 b. Exterior Building Finishes — Residential: The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following: 1) Brick. 2) Stone (natural or artificial). 3) Integral colored split face (rock face) concrete block. 4) Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress. 5) Stucco (natural or artificial). 6) High quality and ecologically sustainable grades of vinyl, steel and aluminum. Vinyl shall be a solid colored plastic siding material. 7) Fiber cement board. 8) Exterior insulation and finish systems. 9) Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition. 15 -19 Page 61 of 232 25 C. Exterior Building Finishes — Commercial: The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to Section 401.16 of this Ordinance known as the Design Guidelines. 25 d. Single Family and Multiple Family Containing Up to Five (5) Units to Include All New Construction and Remodeling: 1) Entrances. Primary entrances on principal structures shall face the primary abutting public or private street or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Primary entries shall be clearly visible and identifiable from the street, and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features. 2) New Construction and Remodeling. New Construction and remodeling shall relate to the design of surrounding buildings where these are present. Design features such as similar setbacks, scale, facade divisions, roof lines, rhythm and proportions of openings, building materials and colors are possible design techniques, while allowing desirable architecture innovation, variation, and visual interest. All sides of buildings shall use similar quality building materials and other architectural treatments as principal facades. 25 e. Single Family and Multiple Family Containing Up to Five (5) Units to Include Only New Construction: 1) Window and Door Openings. For principal residential buildings, . above grade window and door openings shall comprise at least fifteen (15) percent of the total area of exterior walls (excluding the area of garage doors) facing a public /private street or sidewalk. In addition, for new principal residential buildings, above grade window and door openings shall comprise at least ten (10) percent of the total area of all exterior walls. 2) Garage Doors /Street Facing Building Facade. Public or private street facing garage doors shall be allowed to project no more than four (4) feet from the front or side facades of the ground floor living area portion of the dwelling or a covered porch (measuring at least eight (8) feet by eight (8) feet). 3) Garage Doors /Building Design for Attached or Detached Garages. Garage doors may be located on another side of the dwelling ( "side or rear loaded ") provided that the side of the garage facing the front public or private street has windows and other architectural details • that mimic the features of the living portion of the dwelling. 15 -20 Page 62 of 232 4) Garage Doors /Building Frontage. Garage doors shall not comprise more than fifty -five (55) percent of the ground floor public or private street facing linear building frontage. Alleys and corner lots are exempt from this standard. 5) Garage Door Height. Except in the rear yard, garage doors facing a public or private street shall be no more than nine (9) feet in height. 25 f. Multiple Family Containing Six (6) Units or More For New Construction: 1) Mass and Scale a) Each multiple family building containing six (6) or more dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single family detached dwelling units, so that such larger buildings can be aesthetically integrated into a lower density neighborhood. The following specific standards shall also apply to such multiple family dwellings: (1) Roofs. Each multiple family building will feature a combination of primary. and secondary roofs. Primary roofs will be articulated by at least one (1) of the following elements: (a) Changes in plane and elevation. (b) Dormers, gables or clerestories. • (c) Transitions to secondary roofs over entrances, garages, porches, bay windows. (2) Facades and Wails. Each multiple family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human scaled proportions similar to the adjacent single family dwellings, and shall not have repetitive, monotonous, undifferentiated wall planes. b) Each multiple family building shall feature walls that are articulated by at least two (2) of the following elements within every thirty (30) foot length of the facade: (1) Recesses, projections or significant offsets in the wall plane of at least four (4) feet. 15 -21 Page 63 of 232 (2) Distinct individualized entrances with functional porches or patios. (3) Chimneys made of masonry, or other contrasting material that projects from the wall plan. (4) Balconies. (5) Covered bay or box windows. c) Variation Among Repeated Buildings. For any development containing at least twenty -four (24) and not more than forty - eight (48) dwelling units, there will be at least two (2) distinctly different building designs. For any such development containing more than forty -eight (48) dwelling units, there will be at least three (3) distinctly different building designs. For all developments, there will be no more than two (2) similar buildings placed next to each other along a street or major walkway spine. d) Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features. 2) Multiple Family Detached Garages: a) Garages. No public or private street facing facade shall contain more than two (2) garage bays. b) Perimeter Garages. (1) Length. Any garage located with its rear wall along the perimeter of the property and within sixty -five (65) feet of a public right -of -way or the property line of the development site will not exceed fifty -five (55) feet in length. A minimum of eight (8) feet of landscaping must be provided between any two (2) such perimeter garages. (2) Articulation. No rear garage wall that faces a public or private street or adjacent development shall exceed thirty (30) feet in length without including at least one (1) of the following in at least two (2) locations: 15 -22 Page 64 of 232 (a) Change in wail plane of at least two (2) feet; • (b) Change in material or siding pattern; (c) Change in roof plane; (d) Windows; (e) Doorways; (f) An equivalent vertical element that subdivides • the wall into proportions related to human scale and /or the internal diversions within the building. c) All Garages. (1) Access Doors. Access doorways will be provided as reasonably necessary to allow direct access to living units without requiring people to walk around the garage to access their living units. (2) Articulation. At a minimum, a vertical trim detail that subdivides the overall siding pattern will be provided at intervals not to exceed two (2) internal parking stalls (approximately twenty (20) to twenty -four (24) feet). 25 g. Deferment of Requirements: The City may grant a deferment to the requirements of Section 401.15.C.8 of this Ordinance when a building or building addition will be constructed in more than one (1) phase. Any such deferment shall be processed as a conditional use permit pursuant to Section 401.03 of this Ordinance and shall be subject to the following: 1) The deferment shall be until the completion of construction or five (5) years, whichever is less. 2) Property owner shall provide the City with an irrevocable letter of credit for an amount one and one -half (1.5) the City Building Official's estimated cost of the required exterior wall treatment. The bank and letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall assure compliance with this section of this Ordinance. 25 h. Exceptions to Requirements: Exception to the provisions of Section 401.15.C.8 of this Ordinance may be granted as a conditional use permit pursuant to Section 401.03 of this Ordinance provided that: 15 -23 Page 65 of 232 1) The proposed building maintains the quality and value intended by the Ordinance. 2) The proposed building is compatible and in harmony with other existing structures within the district and immediate geographic area. 3) The provisions of Section 401.03.A.8 of this Ordinance are considered and determined to be satisfied. 401.15.D. Accessory Buildings, Uses and Equipment. 1. Connection with Principal Building. 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. 21 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 21 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and /or drainage easement unless written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 214 Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty -five (25) percent of the area of the rear yard except by approval of a conditional use -permit according to the • provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 11 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance 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. 15 -24 Page 66 of 232 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL TO ADD A B -2 GENERAL BUSINESS DISTRICT CONDITIONAL USE PERMIT ALLOWANCE FOR BUILDINGS IN EXCESS OF THREE STORIES OR THIRTY FIVE FEET TO THE ZONING ORDINANCE WHEREAS, the City Council of the City of Oak Park Heights has directed the Planning Commission to review the 13 -2 General Business District to add a Conditional Use Permit allowance for exceeding building height requirements and having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission has reviewed the Zoning Ordinance and determined that a Conditional Use Permit allowance for building heights in excess of three stories or thirty five feet is justified in the 13 -2 General Business District with conditions; and 2. The Planning Commission has reviewed the Zoning Ordinance and noted that a Conditional Use Permit allowance for exceeding building height allowances is already included in the B -4 Limited Business District, the P -I Pubhc- Institutional District, and the R -13 Residential- Business Transitional District; and 3. The Planning Commission directed City Staff to prepare draft Zoning Ordinance amendments which were reviewed and revised by the Planning Commission; and 4. The Planning Commission recommended amendments to the Zoning Ordinance by adding Section 401.30.E.11 Conditional Uses as found in the May 4, 2011 planning report that is on file at City Hall; and 5. The Planning Commission held a public hearing at their May 12, 2011 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: Page 67 of 232 A. The Zoning Ordinance is amended to add Section 401.30.E.11 Conditional Uses to add conditional use permit allowances for buildings in excess of three stories or thirty five feet within 13 -2 General Business District. 13. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 12''' day of May 2011. Jennifer Bye, Chair mm ATTEST: Eric A. Johnson, City Administrator 2 Page 68 of 232 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2011- - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ADD SECTION 401.30.E.11 A CONDITIONAL USE PERMIT ALLOWANCE FOR BUILDINGS IN EXCESS OF THREE STORIES OR THIRTY FIVE FEET WITHIN THE B -2 GENERAL BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.30.E.11, of the Oak Park Heights Zoning Ordinance is hereby added to read as follows: 401.30.E Conditional Uses. 11. Buildings in excess of three (3) stories or thirty -five (35) feet provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased ten (10) feet. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. SECTION 2. The Planning Commission of the City of Oak Park Heights held a public hearing at their May 12, 2011 meeting, took comments from the public, closed the public hearing and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. Page 69 of 232 PASSED this 24 day of May, 2011 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 70 of 232