HomeMy WebLinkAbout2014-05-06 Planning Report TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303 EM�a�"�LOS�JI 2
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC @PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: May 6, 2014
RE: Oak Park Heights — Parking Setback — Section 401.15.F of the
Zoning Ordinance — Clarify Language— Public Hearing
TPC FILE: 236.01 — 14.01
BACKGROUND
At their April 10, 2014 meeting, the Planning Commission discussed setbacks for
parking areas adjacent to lot lines and right of way lines. The Planning Commission
agreed to the language that had been proposed by City Staff to clarify the intent of the
Zoning Ordinance. It was determined that a public hearing should be scheduled for the
May meeting.
The Planning Commission, at their March 13, 2014 meeting, held the public hearing and
discussed the site layout and the proposed building at 13999 60th Street North referred
to as the Gateway Building. At the meeting, Commissioner Thurmes asked where the
right of way easement line was on the east side of the property. The actual property
line is approximately 32 feet from the east edge of the proposed parking lot, but the
survey and the layout plans do not identify the right of way line. The Planning
Commission discussed whether the 10 foot setback for the parking lot was addressed in
the proposed plan. In that the location of the right of way line was not identified on the
survey or plans, the Planning Commission added a condition that the Applicant provides
a plan showing that information and for City Staff to determine if a variance is required.
The Applicant provided a revised layout plan indicating the Minnesota Department of
Transportation easement. It is directly adjacent to the east line of the proposed parking
lot. City Staff has reviewed the Zoning Ordinance and determined that a variance was
not required in this case. The Zoning Ordinance states in Section 401.15.F the
following:
17) Curbing and Landscaping. Except for single and two family dwellings, all open, off
street parking shall have a continuous concrete perimeter curb barrier around the entire
parking lot; said curb barrier shall not be closer than 10 (ten) feet to any lot line. Grass
plantings and landscaping shall be provided in all areas bordering the parking area.
The language indicates that the setback for the parking area is 10 feet from a lot line. In
this case the parking lot is set back 32 feet from the lot line. The new frontage road and
trail in this area will be more than 25 feet from the proposed parking lot curb. The
setback was satisfied in terms of the Zoning Ordinance language. This issue was
addressed with the City Council when they considered the application for the Gateway
Building at their March 25, 2014 meeting. They agreed that a variance was not required
in this case, but the language should be clarified.
ANALYSIS
City Staff would suggest revised language that not only addresses property lines but
also right of way easement lines within Section 401.15.F.17 relating to parking lot
setbacks. Please find as follows the proposed new language that was reviewed by the
Planning Commission at the April meeting:
17) Curbing and Landscaping. Except for single and two family dwellings, all open, off
street parking shall have a continuous concrete perimeter curb barrier around the entire
parking lot; said curb barrier shall not be closer than 10 (ten) feet to any lot line or right
of way line. Grass plantings and landscaping shall be provided in all areas bordering
the parking area.
CONCLUSION/RECOMMENDATION
The Planning Commission should open the public hearing at the May meeting, take any
public comment, make any changes as necessary to the language and recommend the
Zoning Ordinance amendment to the City Council.
pc: Julie Hultman
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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 A ZONING
ORDINANCE AMENDMENT TO SECTION 401.15.F.17 RELATING
TO SETBACK REQUIREMENTS FOR PARKING AREAS
ADJACENT TO LOT LINES AND RIGHT OF WAY LINES
WHEREAS,City Staff requested that the Planning Commission consider an Ordinance
amendment to Section 401.15.F.17 of the Zoning Ordinance relating to setback
requirements for parking areas adjacent to lot lines and right of ways, 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 at its April
10, 2014 meeting and has determined that an amendment to Section 401.15.F.17 of the
parking regulations related to parking setbacks is justified to require the 10 feet setback to
be applied to both lot lines and right of way; and
2. City Staff prepared a draft Zoning Ordinance amendment which was
reviewed by the Planning Commission; and
3. The Planning Commission held a public hearing at a May 15, 2014
meeting,took comments from the public and recommended amendments to the Zoning
Ordinance as found as follows; and
4. Section 401.15.F.17 of the parking regulations of the Zoning Ordinance, is
recommended to be amended to include the following. The proposed language is found
in bold print:
17) Curbing and Landscaping. Except for single and two family dwellings, all
open, off street parking shall have a continuous concrete perimeter curb barrier
around the entire parking lot; said curb barrier shall not be closer than 10 (ten)
feet to any lot line or right of way line. Grass plantings and landscaping shall be
provided in all areas bordering the parking area.
NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. Section 401.15.F.17 of the Zoning Ordinance is amended to require
the 10 feet setback to be applied to both lot lines and right of way; 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 15th
day of May, 2014.
Jim Kremer, Chair
ATTEST:
Eric A. Johnson, City Administrator
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