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Home My WebLink About2014-06-10 CC Packet Enclosure 12 Oak Park Heights Request for Council Action Meeting Date June 10th, 2014 Time Required: 5 Minutes Agenda Item Title: Zoning Or.: . ce ''`1 e dment—Parking Setback—401.15 F. r Agenda Placement New : ines Originating Departmen r equesto Johnson,City Administrator Requester's Signature Action Requested Please s•: . w. Background/Justification(Ple- , indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards, City Planner 1. Staff memo dated May 6th,2014 2. Planning Commission Recommendation—Unsigned. 3. Proposed City Ordinance Amendment I Page 51 of 56 TPC3601 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 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: Page 52 of 56 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 2 Page 53 of 56 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO '1'HE 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. Page 54 of 56 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 2 Page 55 of 56 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2014- - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO CLARIFY SECTION 401.15.F.17 OF THE PARKING REGULATIONS RELATED TO PARKING SETBACKS AND REQUIRING THE 10 FOOT SETBACK TO BE APPLIED TO BOTH LOT LINES AND RIGHT OF WAY THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.15.F.17 Curbing and Landscaping, is recommended to be amended to read as follows: 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. SECTION 2. The Planning Commission of the City of Oak Park Heights held a public hearing at their May 15, 2014 meeting, took comments from the public, 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. PASSED this 10th day of June, 2014 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 56 of 56