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HomeMy WebLinkAbout2011-08-23 CC Packet Enclosure Enclosure 9 Oak Park Heights Request for Council Action Meeting Date August 23 2011 Time Required: 5 Minutes Agenda Item Title: 13-2 Zoning Code Amendment — Conditional Use Allowances — in Excess of Three Stories or thirty -five feet. Agenda Placement Old Business 10 ( Originating Department/Requestcir CW - Council. Requester's Signature ;� Action Requested iscussio$ Possible action on Ordinance Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the following attachments from City Planner Scott Richards 1. Staff Report dated August 17 2011 2. Planning Commission Resolution 3. Draft Ordinance Page 47 of 98 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: August 17, 2011 RE: Oak Park Heights — Conditional Use Allowances for Buildings in Excess of Three Stories or Thirty Five Feet TPC FILE: 236.01 — 11.01 BACKGROUND The City Council, at its May 24, 2011 meeting referred the proposed Zoning Ordinance amendments related to conditional use allowances for buildings in excess of three stories or 35 feet back to the Planning Commission so that they could further discuss conditions related to energy efficiency, green space and building standards. The Planning Commission, at their June 16, and July 14, 2011 meetings discussed the draft conditions and made some changes. The recommendation made in May and the revised recommendations made in July are as follows. The amendment that was recommended by the Planning Commission at their May meeting is as follows: May Planning Commission Recommendation: 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. Page 48 of 98 e. The provisions of Section 401:03.A.8, of this Ordinance are considered and satisfactorily met. The amendment recommended by the Planning Commission at their July 14, 2011 meeting is as follows: July Planning Commission Recommendation 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 project shall comply with the Minnesota Sustainable Building 2030 (S82030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. f. There shall be no parking in the yards facing adjacent rights of way. g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. 1. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. 1. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. 2 Page 49 of 98 m. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. CONCLUSION /RECOMMENDATION The City Council, that their August 23, 2011 meeting should consider the language recommended by the Planning Commission and adopt the Ordinance as attached or make revisions as necessary for approval. 3 Page 50 of 98 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 CONDITIONAL USE PERMIT ALLOWANCE FOR BUILDINGS IN EXCESS OF THREE STORIES OR THIRTY FIVE FEET TO THE B -2, AND B -3 DISTRICTS, AND AMEND THE CONDITIONAL USE PERMIT ALLOWANCES IN THE B -4, P -1, AND R -B DISTRICTS OF THE ZONING ORDINANCE WHEREAS, the City Council of the City of Oak Park Heights has directed the Planning Commission to review the Zoning Districts 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. 'Ile 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 B -2 General Business District, and the 13- 3 Highway Business and Warehousing 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 13 -4 Limited Business District, the P -1 Public - 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 held a public hearing at their May 12, 2011 meeting, took comments from the public and recommended amendments to the Zoning Ordinance as found in the May 4, 2011 planning report that is on file at City Hall; and 5. The City Council, at their May 24, 2011 meeting referred the issue back to the Planning Commission to consider issues additional issues related to energy efficiency, green space and building standards; and 6. The Planning Commission discussed the amendments at their June 16, 2011 and July 14, 2011 meetings and recommended that the allowances for exceeding Page 51 of 98 building height allowances should be added to the 13 -2 General Business District, the B -3 Highway Business and Warehousing District, amended in the 13 -4 Limited Business District, amended in the P -I Public- Institutional District, and amended in the R -B Residential- Business Transitional District; and NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: • A. The Zoning Ordinance is amended to add conditional use permit allowances for buildings in excess of three stories or thirty five feet within B -2 General Business District, the 13 -3 Highway Business and Warehousing District, amended in the B -4 Limited Business District, amended in the P -I Public - Institutional District, and amended in the R -B Residential - Business Transitional District; and B. 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 1.4 "' day of July 2011. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 2 Page 52 of 98 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2011- - • AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ADD A CONDITIONAL USE PERMIT ALLOWANCE FOR BUILDINGS IN EXCESS OF THREE STORIES OR THIRTY FIVE FEET WITHIN THE B -2 GENERAL BUSINESS DISTRICT, THE B -3 HIGHWAY BUSINESS AND WAREHOUSING DISTRICT, AND AMEND THE CONDITIONAL USE PERMIT CONDITIONS IN • THE B -4 LIMITED BUSINESS DISTRICT, THE P -1 PUBLIC - INSTITUTIONAL DISTRICT AND THE R -B RESIDENTIAL - BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.30.E.11, of the B -2 General Business District 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 project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. f. There shall be no parking in the yards facing adjacent rights of way. g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. Page 53 of 98 h. Abrupt changes in building heights and/or roof orientation shall be diminished by offsets of building form and mass. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. m. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. SECTION 2. Section 401.300.E.17, of the B -3 Highway Business and Warehousing District of the Oak Park Heights Zoning Ordinance is hereby added to read as follows: 401.300.E Conditional Uses. 17. 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 project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. f. There shall be no parking in the yards facing adjacent rights of way. Page 54 of 98 g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. i. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. m. The provisions of Section 401.03,A.8. of this Ordinance are considered and satisfactorily met. SECTION 3. Section 401.301.E.10, of the B -4 Limited Business District of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 401.301.E Conditional Uses. 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 ten (10) feet. e. The project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. Page 55 of 98 f. There shall be no parking in the yards facing adjacent rights of way. g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. m. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. SECTION 4. Section 401.320.E.13, of the P -I Public - Institutional District of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 401.320.E Conditional Uses. 13. 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. Page 56 of 98 e. The project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. f. There shall be no parking in the yards facing adjacent rights of way. g. On the third and upper floors, windows and/or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. 1. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. m. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. SECTION 5. Section 401.28.E.8, of the R -B Residential- Business Transitional District of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 401.28.E Conditional Uses. 8. 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. Page 57 of 98 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 project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. f. There shall be no parking in the yards facing adjacent rights of way. g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. m. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. SECTION 6. 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, and recommended at their July 14, 2011 meeting that the City Council approve the amendments as provided in this Ordinance. SECTION 7. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 23 day of August, 2011 by the City Council of the City of Oak Park Heights. Page 58 of 98 CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 59 of 98