The URL can be used to link to this page

Home My WebLink About2007 [11] Nov 05 www.cityofstjoseph.com CITY OF ST. JOSEPH St. Joseph Planning Commission November 5, 2007 7:00 PM Judy Weyrens Administrdtor 1. Call to Order MdYor AI Rdssier 2. Approve Agenda 3. Approve Minutes -October 1,2007 Councilors Steve Frdnk R.ick Schultz R.enee Symdnietz Ddle Wick 4. Public Hearing Preliminary Plat, SRM 5. Public Hearing District 742 - Special Use Permit 6. Interim Use Moratorium 7. R4 Development Standards 8. Adjourn is--College Avenue North, PO Box 668 . Sdint joseph, Minnesotd S-6)74 Phone ,20.,6'.7201 FdX ,20.,6,.0)42 DRAFT October 1, 2007 Page 1 of5 Pursuant ta due call and natice thereaf, the Planning Cammissian far the City .of St. Jaseph met in regular sessian an Manday, Octaber 1, 2007 at 7:00 PM in the 51. Jaseph City Hall. Members Present: Chair Bab Lasa, Cammissianers Rass Rieke, Sr. Kathleen Kalinawski, Mike Deutz, Mark Andersen, Dale Wick, Jim Graeve, City Administratar Judy Weyrens City Representatives Present: City Attarney Tam Javanavich, City Engineer Randy Sabart Others Present: Sr. Kara Hennes, Sr. Paula Revier, Sr. Margaret Wurm, Jim Degiavanni, Dan Rarabeck, Jake Rarabeck Agenda: Deutz made a motion to approve the agenda; seconded by Wick and passed unanimously. Public Hearing - Interim Use Permit. 221 Birch Street W: Chair Lasa called the public hearing ta .order and stated that the purpose ofthe hearing is to cansider an Interim Use Permit ta allaw an .owner occupied rental in an R-l Single Family Zoning District. The property is lacated at 221 Birch Street West and the property .owner is Jake and Dan Rorabeck. 51. Jaseph Cade .of Ordinances 52.27 subd. 5 allaws far an Interim Use Permit as fallaws: Residential rental provided the unit is .owner .occupied and provided the roam(s) rented daes nat cantain separate kitchen facilities and is nat intended for use as an independent residence. Far purpases .of establishing if the praperty is .owner .occupied, the .owner must be a natural persan and the .owner .occupying the praperty as his .or her principal residence and must awn a fifty percent (50%) .or greater interest in the property. Weyrens advised the cQmmissianers that the City sent a campliance .order ta Mr. Rarabeck based an a camplaint that they were renting the praperty. The praperty .owner did respand resulting in the request far Interim Use. There were same issues with the residents parking an the lawn; hawever, the Palice have discussed that issue with the tenants. Jake Rarabeck approached the cammissianers ta answer any questians. At this time Lasa .opened the flaar far questians .or camments from thase present. Dan Weiser, 225 Birch Street W, approached the cammissianers and stated that he daes nat want tQ see rentals in his neighbarhaad; hawever, he did state that these seem ta be gaad guys sa far. Dan Rarabeck spake ta the cammissianers an behalf .of the tenants. Rarabeck stated that when they were laaking ta purchase the hame, the realtar said it wauld nat be a problem if it were used as a rental. As a result, he was unaware .of the fact that renting was an issue far the City. He stated that all .of the tenants are students at St. Jahn's and all, but one, are an the faatball team. As a father, he stated that they baught the hame with their san ta teach him a lessan. With na .one else wishing ta speak the Public Hearing was c1ased. Kalinawski questianed whether .or nat the weed natice was taken care .of ta which Weyrens stated that it was. Deutz questianed Weyrens as ta whether .or nat the property .owner has already called far a rental inspectian. She stated that they have nat yet had a rental inspectian; hawever, they will need ta go thraugh the rental license pracess and camply with all Ordinances befare a license is issued. He then DRAFT October 1, 2007 Page 2 of 5 questioned how many tenants are living in the home to which he was told 4. The Ordinance states that they can only have 3 tenants. Weyrens stated that she will need clarification that Jake is 50% owner of the property at 221 Birch Street W. Andersen stated that he drove by the property and it looked to be kept clean and he did not see any issues. Wick questioned Rorabeck as to his intent for the property after graduation. Mr. Rorabeck stated that he has a daughter that may attend the College of St. Benedict and she may live in the home after graduation. Graeve questioned the number of vehicles. Weyrens stated that they will not be allowed to park on the grass and they must provide adequate parking. Deutz clarified that this Permit will be subject to an annual review. There was some question as to whether or not Rorabeck could apply for a variance to allow for more than 2 unrelated tenants. Weyrens stated that it would be difficult for the City to grant a variance to allow for more tenants as they must show a hardship and the hardship cannot beJinancial nor can it be created by the petitioner. Rorabeck stated that they plan to apply for a variance as it is hard to find housing at this time. Rieke questioned whether or not the City can give them a time frame to be compliant with the number oftenants. Weyrens stated that the Planning Commission should determine when the property must be incompliance. After discussion, the Planning Commission agreed that the property must be in compliance no later than November 1, 2007. Rorabeck stated that they will look into the variance procedure as he stated the City can make exceptions. He stated that it will be difficult for one of the tenants to find a place to live at this tim of the year. Rorabeck requested the Planning Commission give them until the end of the sememster to bring the property into compliance. According to Loso, the City cannot make exceptions as they do not want to set precedence. Kalinowski made a motion to accept the findings of fact and recommend that the Council approve the Interim Use Permit for 221 Birch Street W, with the following contingencies: 1. The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. 2. The property owner will decrease the density by one person no later than November 1, 2007. This reduction will place the property incompliance with the definition of a family. 3. Approval of the Rental Housing Inspector 4. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 5. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied rental licenses are reviewed and will accept public comm.ents. The motion was seconded by Graeve. Ayes: Rieke, Kalinowski, Deutz, Andersen, Wick, Graeve Nays: None Abstain: Loso Motion passed 6:0:1 Deutz stepped down due to a conflict of interest. DRAFT October 1, 2007 Page 3 of5 Public Hearing - Interim Use Permit, 30 Birch Street E: Chair Loso called the public hearing to order and stated the purpose of the hearing is to consider an Interim Use Permit to allow a non owner occupied rental at 30 Birch Street E. The request for Interim Use has been submitted by Student Housing LLC. St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period oftime. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-1, Single Family Residential District. The Public Hearing was opened and closed as there was no one present wishing to speak. Mike Deutz approached the commissioners as the owner of the home at 30 Birch Street E. He stated that he has been purchasing a number of homes in that area to allow for a future commercial development. He stated that allowing the property at 30 Birch Street East to be a non owner occupied rental would be a consistent with similar properties in the same zoning district. Deutz added that last year there was a business in this home and prior to that it was used as a single family residence. Deutz clarified that he has contacted the rental housing inspector and has completed the license process. Wick stated that the area along Birch Street East was recently rezoned to B2, Highway Business. In reviewing the area it appears as approximately 40% of the surrounding property is being used for other than single family residential. Deutz stated that there are approximately 10 properties in the area and they are being used as follows: 4 commercial, 2 residential and 4 rental. Kalinowski made a motion to accept the findings offact, recommending the City Council issue an Interim Use Permit to Student Housing LLC to operate a rental property at 30 Birch Street East with the following contingencies: 1. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 2. The Planning Commission will review the license annually to determine if the area surrounding this property is ready for conversion to the business district. When the neighborhood is ready for conversion this permit shall become null and void. 3. If after three years the area is not ready for conversion, the applicant can request an extension for an additional three years, with the same review process. 4. Approval of the Rental Housing Inspector The motion was seconded by Wick and passed unanimously. At this time Commissioner Deutz resumed his chair and Kalinowski stepped down due to a conflict of interest. Public Hearing - Variance Request, Monastery of St. Benedict: Chair Loso opened the public hearing and stated the purpose ofthe hearing is to consider a variance relating to the parking requirements for the construction of a new residential facility for the Monastery of St. Benedict. The public hearing was opened and closed as there was no one wishing to speak. DRAFT October 1, 2007 Page 4 of 5 Sr. Kara Hennes approached the Commissioners on behalf ofthe Monastery of St. Benedict. She stated that they are requesting a variance for the relief of the parking requirements. The new residential facility is replacing an existing facility that had a higher density. Hennes further stated the residents of the facility are all members of the Monastery and they do not own individual cars; thus there is no need for additional parking. She stated that they are a community within a City and the City's Ordinances do not accommodate such. Graeve stated that he believes this is a unique situation; however, if it were to ever be sold, they would then need to comply with the parking requirements. Deutz questioned whether or not they will be providing any additional parking spaces to which Hennes stated they are not. Loso stated that there will be fewer sisters living in the new hall. Deutz clarified that they are requesting al00%variance for the parking requirements. Rieke stated that rather than granting the total variance, the City should recognize that they have enough parking available with the total parking spaces at the Monastery. Weyrens suggested that the facts of finding should state that they will designate parking for the new facility on their parking plan. Rieke made a motion to recommend that the Council approve the variance to the Monastery of St. Benedict accepting the parking plan as identified. The motion was seconded by Deutz and passed unanimously. Monastery of 51. Benedict - Development Plan: Weyrens stated that the Monastery of St. Benedict has also presented a development plan to construct a three story residential structure. The development plan meets the requirements of the E & E Zoning District. The City Engineer has identified a few outstanding utility issues which will be resolved before a building permit is issued. Deutz made a motion to approve the Development Plan for the new residential structure at the Monastery of St. Benedict contingent upon approval of the City Engineer. The motion was seconded by Wick and passed unanimously. Collegeville Development Group - CR121 Housing Development: Weyrens stated that previously the Planning Commission reviewed a concept plan that included high density housing adjacent to College Avenue/CR 121. The development was presented by Collegeville Development Group. The Planning Commission accepted the concept plan and the developer started the platting process. Weyrens stated that recently the staff met with the Developer to review the preliminary plat details. During this meeting it was noted that the preliminary plat would require a number of variances. The Developer has requested to appear before the Commission as they were of the understanding the Planning Commission authorized them to move forward and staff had indicated the plan is non compliant with City Ordinances. Jim Degiovanni approached the commissioners representing Collegeville Development Group. He stated that based on strict adherence to the St. Joseph Code of Ordinances the plat entitled CSB Villages does not work. The plat requires the utilization of the PUD process which requires 20 acres for housing developments. The proposed plat does not contain the required area and a variance does not apply. He stated that they are requesting that the City review the Ordinances for possible amendments or that they allow variances to allow for the development. Loso questioned the City Attorney as to his opinion. Jovanovich stated that the Developer is asking the City to amend the Zoning Ordinances through variances. Degiovanni added that they have been working DRAFT October 1, 2007 Page 5 of 5 on this development for the past 14 months. Since then, they have met with staff several times and they cannot make the development fit based on the current R4 and PUD Ordinances. He stated that they are not asking for approval, rather direction for the project. Degiovanni stated that the biggest problem is that the R4 Ordinance requires that they follow the PUD process; however, a PUD requires a minimum of 20 acres. They have 10 acres of which 1.9 will be made up of streets, 1 acre for a drainage area and the remaining acreage would be used for potential housing. Based on the minimum lot requirements, they would only be allowed 44 units and they are requesting 46. Originally, they brought the plan to the City for the entire 53 acres of which 43 would remain the property of the College of St. Benedict. At that time, the City stated that they did not like the plans as presented and were instructed to only plat the portion being developed. Degiovanni stated that this development would be senior housing. They are planning a mix of 2,1 Y2, and 1 story homes. They are requesting that the street width be reduced to 60'. Deutz questioned the developer by stating that the current plan is not consistent with previous plans. With the new housing styles, there are more variances needed. Degiovanni suggested that they plat the area as a Cle. Graeve questioned whether the City would allow private streets in the development as requested. Deutz stated that there are private streets in other areas and they have had trouble and thus, the City does not want to repeat that. According to Degiovanni, they are the first developer to go through the R4 development process. Loso stated that the intent ofthe R4 Ordinance is not to allow for developers to squeeze homes onto 40' lots, rather to create a retirement living area. Rieke stated that, in his opinion, the question is whether or not this is a good fit for the residents that would live in this development. He stated that he thinks it may be a good fit. Wick agreed by stating that it looks like a good concept. Jovanovich stated that, based on his experience, the City may want to look at how other Cities handle developments such as this. Deutz suggested that the City review the possibility of a PUD for 10 acres as well as possible amendments to the R4 Ordinance. Jovanovich stated that it may be better to amend the zoning ordinance rather than grant variances to allow for development. Loso stated that the City has Ordinances for a reason and they should not be changed to allow for a development to meet the Ordinances. Kalinowski agreed with the developer stating that they are the first to work with the R4 Ordinance and thus the City should review the Ordinance for any changes necessary to allow for development. After considerable discussion the Planning Commission agreed to discuss the R4 Ordinance to determine the intent and if the provisions should be modified. Adiourn: Anderson made a motion to adjourn; seconded by Wick and passed unanimously. Judy Weyrens Administrator CITY OF ST. J(')S~~PR Planning Commission Agenda Item ~ MEETING DATE: November 5, 2007 AGENDA ITEM: Preliminary Plat, SRM SUBMITTED BY: Administration STAFF RECOMIVIENDATION: Recommend the Council approve the preliminary plat entitled SRM. PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has previously considered the request of Scherer Trucking to add on to the existing office. During that discussion, it was recommended that the property owned by Scherer be platted. The approval for the development plan was contingent upon Scherer replatting all the property they owned. BACKGROUND INFORMATION: After the City Council approved the plat the staff recommended that the adjoining property be included in the plat. The adjoining property includes Ron Molus, Harvey Reber and the City of St. Joseph. Adding these properties would finally plat the revised ROW for 12th Avenue and convert all the metes and bound legal descriptions to lots and blocks. When 1ih Avenue was realigned it was constructed with easements. Until the ROW is platted, the mapping becomes difficult. Therefore, this plat is administrative in nature with the only purpose to clarify legals and plat the ROW for 1ih Avenue. You will notice that there are no engineering or staff comments for this plat. That is because the City initiated the plat and prepared the mapping. This plat does not include any development, only clarifying legals. ATTACHMENTS: hearing notice, plat map, letter to affected property owners. REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council approve the plat entitled SRM. Judy Weyrens Administrqtor .-~.,;...>-. >-' MdYor AI Rdssier Councilors . Steve Frdnk Rick Schultz Renee Symdnieti Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.corri City of St. Joseph Public Hearing The Planning Commission for the City of St. Joseph shall conduct a public hearing on Monday, November 5,2007 at 7:00 p.rn. in the St. Joseph City Hall. The purpose of the hearing is to consider a preliminary plat entitled SRM. The Plat is only clarifying legal descriptions. The property is legally described as: Tha{part of the Northeast Quarter of the Southeast Quartefand tfl13'tpart of the Southeast Quarter of the Northeast Quarter of Section 10, together with that part of the Northwest Quarter of the Southwest Quarter and that part of the Southwest Quarter of the Northwest Quarter of Section 11 all in Township 124, Range 29, Stearns County Minnesota, lying South of County Road Number 75 and North otMinnesota Street. The proposed plat has been submitted by the City of St. Joseph, PO Box 668, St. Joseph, MN 56374 Judy Weyrens Administrator Note: State Law requires mailed notice to all property owners within 350 feet of a variance, special use, interim use or rezoning request. jE E ~""_''''_'_'' .. .., .' . '., \. . .' II' "..' .... ...... ... .......-.-.~._...._......._._._._..,.._.~.-._._._.~ CORD 75 . .... .... ", .._.......~_. - CO.Rb75 .... ~ n ~ 2. ., College Avenue North . PO Box 668' S din t 10 s e ph. M inn e sot d ,,6)7 4 Phone ,2.0.,6,.72.01 Fdx ,2.0.,6,.0'42. ~'.'j ;>: ~ ~ 0<1 Tl 9TH AVENUE SE g: --------~ 6 . :1:'" ' ~~ '\ jE.. ~~ i5 Z > 0 ' >'3 : - -- -~~ -~-l -~_:J '" ~~ :;;'- '" S';?'" !I.Ia.~ ~ l~ hg'~ ~ fii!~! t:l r.~~![~ I OlWfla. ~ l'h~f~ 0 z.!8fd [ ~ ~r!u f~~iftZ! ~go:~ & s-y -5:~ ~ ffUfl ,..l.og>~ l! ~I:-=c~ IHif g>"'fo~ ~J.~;i Ct:f..,S"~ ~r::n~ !~fl! ;ll~C!l!11a- _~ ~ 0... &>~ '< ~ it:~f i ; ..8: Ii :r S M" ~ : ~ l!l :r ;:!1<11<1 "'0 ~~~ "'~'" 'i' t:l '" ~-~g.J I ;~8 ~ ~ I ~~~ "'-- +~ 0 '":It; r+ ~ ll:l ~~g rr i $ ;><! ~ "'illfll ~8 ~f ~~ ~g ;;~ i8ll:1 ..,~ --- /0- ~i :1:1'1 ~,. ..... !;I/O .. 1'1 ~ ---.. , ~ ~(g : /' t:l E3 \ i: :8 ~~ S< ~ 12TH AVE~~R 133) (COUNTY ROAD L CHARLES R l CAROL A CUSHING NOT PLATTED r--- N 00014'23" W \226.32 ' z ~ I , : ~ I NO~.., I ~ri'" .... . :l:z I ~- ~ I NOT PLATTED . '-I PI N 00008'34" W 200.49 66 r- \ \ \ L - 10 u~kIlfv'~~llENT .,;) ~ \ ;\ \ \ ~ \ \ ~ \ ~ $ ..~ o C ;::~ ~. ...0 -<'" > ~~ ~~ ~ ~ ~~ ~g ~.... ....-4 ...::1: ....'J: i~ i::; ~~ :;~ :..~ :..~ ~ ~ ~~ ~~ ~.. ~.. ~~ ~~ .. .. FOUR SQUARE INVESTORS LLC .. ~ o ~ ~K.l UnLHy ~~€:::Zf - J ~ / ~ ~ l~ en /2 I I ~ QI I i I ~ ,., ~ .;:!:~ / _ ~~l ~ en\ ill... I S ~~ ~~i ~ -I ~ ~ ~~..... g~ ,;:21 / 6 ~ EAST LINE OF' NEV4 5E1;-4 " -.. EAST LINE OF 5E1,4 NEll'" 6 SECTION 10. T1Z~. RZ9 ., SECTION 10, HZ.. RZ9 S 00'14'23" E 185 75S' WEST LINE OF SWl,~ NW1,~ . . ILDI ,SECTION 11, HZ~. RZ9 '-;~~h~~l ~F T~;t4R~;V4t ' I i5 ~ i1~r:'" ~ g ~~1 ~ g ~~~ ~ tD::;~ , '" ~ ,. ~ t<:l 0-3 83 ---- \ , , . \ , . , ------l . \ , . \ ,~ ~ \ ~ ~ >'3, ;po -------~ J i \ ~.. t:1 , zp I 6 S 1'1 66 a c:l ~ ~ ill C;:l t-t o s .., ~ .... '" s ... o ~ ~ o p::: ~ ... o ~ \ G;b BUILDING S 00'14'23" E 1 . \ \ ~~ ~\ E~ o ...... j ~~ 1<1> \~i ~ ....fol 0 ~01~"---w-n6~ \~ '" o ~ ~ '" o ... .... .. N 00'06'18" W 136.10 ....'" . .... .... en.... en III S OOiPf!r E ~ ~n r ~ ...., <0 I , , / / I /50 c o ~ (l c P: t.%.: :;t t?=.: :;:t ~ ~ i j ~ ~ C ~ ~ ~ """l ~ ~ ~ .,.~ 0-: S'Ci'1 !.l?,~ f;; l~ ~Ir- ~ ff.f~~l ~ ~~glf~ ~&l "'l!!'o[!l.~ g ~ if Z .,. !l~~~ 0 zJ8f~~ Ii ~ U'~hl1J. l?,~ollrf f~iftZ~ !!~[i ~ S--!t0 ~ rf1ifl "p.ofif. l~fif g>,""gi Sor. 9 ~ 0" c- ~r::n~ ~~~tll 9TH AVENUE SE s: --------~ :; . ",'" ' i~ '\ ~.. ~C; 15 Z .. 0 ' ..;! \ ----ff\ _~i_~J ;}If!;!~!llg: ~ 10 !! ~ ~ &>"< ~i"ff ~ ~ ~~gjig t ~ "'?J; S S~ Z t:l ~ ~ ~ rn ~.~ g; ~ ~~ C5 ~ I ~~I ~ :~ ~ ~ r+ ~ ~!I i ri ~ [;l'<gj 9 s[;l ~f ~i '!I-g S;:t: ~f @ . 0 0 0 eo 1'1 1'1 -1'1 Z Z "'z ~ ~ ~~ ?O~ ~ ~ ~~ 0 i.; n ~ 0_ ~ '" i~ ... ~ ~ .. ~ ~~ ~ ~ .. ~ ;ij ~ ~~ ... !iI _~;;; 0 ~~~~~ vt.~~~ 8:D~U.- ~:g~~i ::a~~ ~o~~m :g ~~~~~ ~:~~~ ~m!~~ ~~~~~ 8 C> s: VI "T1"'UUlVt- .... ..::r::cno....N (., x..(.oI"O o .. 0 0 f'1 '-"'Nn t.oINlrN ~ ~~~g~ .. N....O::E: NN..... .,,,,, ... :5 ~~ Hi ...... ....0 1ft ~o L i ~~Z ." . ~ . . \ , , . ------1 , , \ . . \ , ~ \ ~ ..;j, > -------~ J i \ f;;p t:1 ~o Zg ~ 1'1 '" ~~ m'- I'. ~l "'''' ~.. ..... 'lll' III ~ ;j~~ ..0 :i~ ..o~~ 12TH AVE~~R 133) (COuNTY ROAD L CHARlES R l CAROL A CUSHINC NOT PLATTED r--- N 0001<4'23" W \ 226.32 ' && r----- \ \ \ \ 10 n. ORAIE~~~IlENT ~ - l UTILITY - ~ ~ , .6 c: ~~ C;. ...0 -<'" ~~ ~~ ~ ~ ~~ ~g ........ ....-1 ....::1: ....::1: ~... ~... :;~ ~i :..~ :..~ ~ ~ ~~ ~~ ~l ~:i. ~~ ~~ .. .. S 01 1 \ ~~t:J \ ~t. III ~ 01 -______01 1------ IJI , ~ 0 ~' \ ",gQ~ ~ s t:j ~~ ~ I ~ a : "'", ~ ~ 0.; ~' \ '------------ ~ ~ N ~ ~ 01 , ~ !II \ I;~ i , 00 \ 01032' 3<4" 92.55 \\, \ I/' ~! i! ! \ ~~ ::i ::~ I 1.1 ~!j\ ~~ \__---===~=]JJ====J GG 83 l- - - - MOHS 2ND ADOlf-ON I PAlA. B l CAROL VN Y KOLL"""" : \ i \ ;\ \ \ ~ \ 01 ~ \ ~ \ ,. 83 -------~ , , , \ , . , \ , , -----;--1 ~; j ------~- : g:] . ~i: ~ \ 'llili ;:;! o -----~"--1 "'~ "'z .. Z" ~~ o .. I' ~ ~ "" ~ I''' t" ...s: ~:> .... '" " .. ill t::I ... " ---- \ _--.---II \ ,,~ ..../ii g... ,,0 "," "'s: ~ ~ ~ <- ~ to t"l o o ~ ~ ~ ... o g ill \ (;tJ BUILOING 5 00.14'23" E 1 . \~ !"" ..... EAST LINE OF NEll" SElI<4 SECTION 10. Tl24. R29 ,500.14'23" E 185.15EILO~ '-WEST LINE OF NIV<4 Sil,. SECTION 11. T124. RZ9 ,.--"'.. _.,- - ~ ~ ';'0 ~o 00 '" \ \ ;~ ~~ ~~ :' ::~ j ~~ \~i ~ ...,~ 0 ~01~",.-n6-;;W- .t" \~ '" o ~ '" o .... .... 6& a , ; z ~ , 01 ~ I lD ~ NO~." I ~;:l"1 ... _ "'z I ~. ~ I NOT PLATTED ~ N 1000 OS , 3<4" W 200.<49 FOUR SQUARE INVESTORS LLC .. ::i ... o g ~ I l u}O FT. DRAINAGE ..c. ILITv EASEllENT - - ~ I S ..;! ~ <- ~ l~ en I~ I I ~ 01 I a en I ~ I'Tl (/) ~~~ I ~..... en~ ~~i ~~ ~~~ I 0'" '" ' .. :...' EAST L. lNE OF 5E1"4 NElI4 ... SECTION 10, Tl24. R29 WEST LINE OF 5W1.o<4 HIli" SECTION 11. T124. R29 '6 .... .. :. ... o ~ ~.,l"'" ~rt1"'"- ..0_ ....... ~~~ CQ:::if\ '" .. N 00'06'16" W 136.10 ........ . .... .... en... '" l ;;: J~ r '{I (;' 5 OO;PfU" E ~ ~n ..- ~ ~ t;d t"'l SO t-3 ....0 ~ I I ~ I~ ~ o ~ I I I t-:) I> " :u gr-II o"c.n ...cncn O~ '&1)0 .......,ut c..:Q) 150 -I I , , , I I I 150 o o ~ r:n (] ~ tz:.j~ ~~ tz:.j~ ~~ Z ~~ ~ O~ ~~ t?;jO ~~ ~ t-4 t:rJ r:n ~ ~ g ~ ~ -\ 1\ .~ "\: '"0 150 ---... '.. "- ~ 'J '-:: '~. .-........_, " ~ ,,-,. , "'i:: --,. "" ~:;-- ..... _'r ,,: ~ ,.;.... ] udy 'Weyrens Administrdtor MdYor AI Rdssier Councilors Steve Frank R.ick Schultz R.enee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com Octqber 4, 2007 Ron Molus 310 Hickory Court St. Joseph MN 56374 Chuck Scherer PO Box 178 St. Joseph MN 56374 Harvey Reber Po Box 327 St. Joseph MN 56374 RE: Preliminary Plat Dear Gentlemen: Please find enclosed the draft preliminary plat that affects your property. As you may recall, the City requested to plat your property in conjunction with the recent development at Scherer Trucking. The City Engineer has surveyed the property and prepared the draft preliminary plat. The plat includes the typical drainage and utility easement along the street ROW. The platting should not have affected square feet of your property, only redefined your legal description. The City will need to conduct a public hearing on the preliminary plat and we have scheduled that hearing for November 5,2007. However, before that meeting we would like to have your comments on the plat and if based on the submitted illustration you are willing to sign the final plat document that will allow the plat to be recorded. If you have any questions the City Engineer has agreed to meet with you to answer any questions you may have. Please call me at 320-363-7201 after you have a chance to review the proposed plat to let me know your thoughts. The City of St. Joseph appreciates your willingness to plat the property to help clean up the legal descriptions. Sincerely, CITY OF ST. JOSEPH CZ::t:.~ f11~ ~strator cc: City Engineer Randy Sabart Public Works Director Dick Taufen 2. ,. College Avenue North . PO 50 x 668' S din t I 0 s e ph, M inn e sot d ,. 6 ,74 Phone ,2.0.,6,.72.01 FdX ,2.0.,6,.0'42. CITY OF liT. JOSIWH Council Agenda Item 6 MEETING DATE: November 5, 2007 AGENDA ITEM: District 742 - Special Use Permit SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the City Council approve the Special Use Permit to allow the construction of a wind turbine at the District 742 School Site. PREVIOUS PLANNING COMMISSION ACTION: When the School district presented their buildings plans for the facility, they indicated that they would be looking at the possibility of adding a wind turbine, but did not have the details at that time. Therefore, the turbine was not part of the approval process. BACKGROUND INFORMATION: While the Ordinance is entitled "Telecommunications" the wind turbine does fall under the definitions. Therefore, the City required the issuance of a Special Use Permit. ATTACHMENTS: Hearing Notice; Resolution of Findings; Narrative; Site Plan; Construction detail; Application; Turbine information REQUESTED PLANNING COMMISSION ACTION: Authorize execution ofthe Resolution of Findings recommending the Council issue a Special Use Permit allowing the construction and maintenance of a wind turbine. Judy Weyrens Administrdtor MdYor AI Rdssier Councilors Steve Ffdnk Rick Schultz Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com City of St. Joseph Public Hearing The St. Joseph Planning Commission shall conduct a public hearing on Monday, November 5, 2007 at 7:05 PM. The purpose of the hearing is to consider a Special Use Permit to allow for the installation and operation ofa wind turbine at the site of the New School. St. Joseph Code of Ordinances 58.03 allows for the construction and maintenance of a commercial tower within the following zoning classifications pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Amateur radio, television towers and exempted dishes shall not require a conditional use permit. Section 3: Public Districts. All permitted towers and antennas. St. Joseph Code of Ordinances 52.02 Subd 4 defines a tower as any free-standing ground or roof- mounted pole, spire, structure or a combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masks, not wholly contained within a building or other structure, intended primarily for the purpose of mounting an antenna, meteorologic device, or similar apparatus above grade. The request for Special Use has been submitted on behalf of ISD 742 by Winkelman Environmentally Responsible Construction, 9121 County Road 23, Brainerd, MN 56401. Judy Weyrens Administrator Publish: October 26 2.., College Avenue North, PO Box 66s . Sdint joseph, Minnesotd .,6,74 Phone )2.0.,6,.72.01 FdX )2.0.,6).0)42. RESOLUTION OF FINDING The request of Winkleman's Environmentally Responsible Construction, on behalf of District 742 for a Special Use Permit to allow the construction and operation of a wind turbine came before the Planning Commission at a Public Hearing held on November 5,2007. The use of the turbine is for alternative energy and to use as an educational tool. The property is located at 1300 Jade Road West: In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances ofthe City of St. Joseph, the Planning Commission makes the following findings: FINDING: The proposed use is consistent with the standards for granting a special use permit, St. Joseoh Code of Ordinances 52.9 Therefore the Planning Commission recommends the Council approve the Special Use Permit to allow the construction and operation of a wind turbine. Approvethis 5th day of November, 2007 Bob Loso, Planning Commission Chair ATTEST Judy Weyrens, Administrator WWW.hOPShOP.n..e..t............wiD.kellnan~!I .. ED" I r 0 nine n t: a II y .... Responsible " ....... COD!ltruct:ioD 9121 County Road 23, Brainerd, MN 56401-Phone: 218-764-2321 September 18, 2007 Ms. JudyWeyrens City ofSt. Joseph Planning Department P.O. Box 668 25 College Avenue St. Joseph, MN 56374 Dear Ms. Weyrens: RE: Proposed Wind Turbine for Kennedy School Project - St. Joseph, MN Per our telephone conversation yesterday, attached are plans for installation of a Skystream 3.7 Wind Turbine for the new Kennedy School Project in St. Joseph. The proposed wind turbine will be used to generate electricity to offset energy usage by the site or to sell excess electricity generated to the local power company. The proposed wind turbine will be installed on a 45' monopole tower as shown on the attached drawing (Option B). Also enclosed are manufacturer data sheets, foundation detail, and UL Certificate of Complaince for the proposed wind turbine. It is my understanding you will evaluate this information and determine the need for a Building Permit or Conditional Use Permit. Please let me know if you need any further information. Sincerely, /7 u I ,/1/ l' ~. .. l I /1 el/ I~ c/t--.?I L./ Don Scheele Winkelman's Environmentally Responsible Construction Attachments RECEIVED SEP 1 9 2007 CITY OF ST. JOSEPH .'''~~~ _"_"",, 11 ~..._,_~.. or . ,.....,._.-...~"DI\.J'!'IL~o!lP"O.\opIOHt , . I~ I! ; .1 Ill! I hili III; II ll~ I I II ili III ;11 ti; I,! Il!H l, I 'II d I Ii -. i ~!i i lip!!!' II i ~ Ii I Ill! ~ Ii II I' I "'II hd Iii-I' Ii I i III !ill I ~ i i llillii I I " " 1 Illtll I"", . I ! I@ B11III 1,,,,,,, CJIlIA:R~_ ~ni;;YiWlll ""0'"'"' i ~~~ ~~() ;Il <(~ .... aXc,l.\IJIlli ft9O'm(DW"".~~<<lW :ilLY\] UlQWI\!Fl'l*'O'lS'"-l>s-.-ollOi 5 ll. ~ rn c w ~ z w 1 . 1 i~ i i 'I Ii I · ~ ~ ~ s ~~a 8 a i . 'I i h I I Ii:! I Ii: i i i I I~ I I ~ I II I I Ii q ! i H I I II i I! i!! P i IHH ~ Ii i I i I ; II ! II11 ! 11111 i I ; ; II ! Illllln II 000000000@0@@@@@0@@@0@@@@@@@@@@@ @ @. ~ l.. ~ n ~~~\~ ~ V\ o~ ""-"""2.Q -. ~ '=> ~ ~ I I I Ii i l P!:I ~_! II. I "- ~ !~t n ;!I ,Ii, '!il IIi!! I:llu 1 , , , . ?~~~"! , , , , , , , ' , , , , , , , ' , , , , , , , , ~ /// /// o ;~ ~ D --~---~----- - , --- - -- / ,~ ,".....'flf :s "..... ~ "'" ~ ..... ~41; l",. '" $~.. ....... e.~ ~ ~z ...~.~ ..~~ lh~ ~O.. - ~. ~t;:S: ... o~ O.A.e ~~NI \tO~~~ . . . OW -II1II(........ 8 _. ~ co co co 0 .CO z. 0 I I I I , ~w o :~ . t"a 51 -i : (,.j (,.j (,.j FF -. Cf) .'" ~-:s;.\~ ~i: < ~Y: . /"oJ:: tn o . #. r.k... . .. gJ " z~ . ~ -.- .. ~ ~ 8fu5 ~ 041.... ..~v~ tIo~ z 0 . . . .....oF "" r.~ CD co CD wzg '1'" ,." - (,) I I I I I FOj!: f... tn .. .. .. Z ZFU) <~5 W j!;ZO :E ::I moo - . . . .....1- C lD I CD co CD L::iW~ I I I I Z ';- ';- ';- 5FjE 0 wza.. 1:0<0 i= of!:!:! <( . . . I-(/)~ CD at 0 i~~ C <C I I I I I Z ixl ixl 0, o(/)IIJ ~-lD :::> (/)~::I 0 tn ;:;~< LL S Zl-~ :::10:: . . ti~m (,) .... <'4 It) or It) W o~z ..I l- e: G l 0 0 .....3z tn _ IIJ Z ..: I- Z o ::s ...J. ~o:: . Ii ~~ o~ Wo (/)0.. 00 o..z 00 8::::s L. <C ~ w ii: c z <C c <( Q. W > i= <C z a: w I- .... <( Z o i= <Cui c...; ZZ :::> .. o~ LL~ 9 II) :::i: "- 0 ~o "- .;.:. 0 lD lii ... 0 ::>. 0- W W ~ ~ 0:: 0 :::i: ~ Ii: N ILl to I .;.:. ::s UJ 1:0 ::I Z i I- < l::f 0:: :z: 0 (/) "- 9 ~ ! 4( NO o o ~ 0:: tll :ta It) a.~ :88! "ti ~ ~ co .!. c:: .. CID .... ~ ~ 6N~ ::it i:i; 0:: < ..... ...... ~ (;)u:~ = ~ ~2e s,:c ..-&.. :=0"'00. .c:: ~ CID G: ~2 -...... ::d 0'" CI) Wtn ....z ~Q ~ o!;( F Zc ~ oz ~ :E:::> ..... . 0 3: U) t; ~LL ILl <3 0:: 0.. ~ ....0 I~~ IUW'" "'B.,J,~ o 0.., .., <0 .., ILCD~ur ~~(.)$ ;_z_ I- -en U:J:~ !i~~e i~~ ~ -'.-~~~el1ft APPLICATION FOR SPECIAL USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW P. O. Box 668 St. Joseph, MN 56374 (320)363-7201 or Fax (320)363-0342 Fee $ Paid Receipt # Date STATE OF MINNESOTA) )ss COUNTY OF STEARNS) . ...,-n. '" .0/ {' L:)t1N L I II LiF '-4"'> S ~ <:"77 0,J . E,.JVlflb'" Mj3"J , ""'I-C.-'~ K!j::.--;) r. =>' . ;.-- NAME: W.6/<c:..- U/lNkf-LA1I1N J;;-' PHONE: 2;/9- 7(;. 9' - 2....32/ ADDRESS: 1/2../ UVi.;JTY /.?..()lJ-lJ ~~ /!L /J-//\/~~ M;J . . Sh~tJ/ I/We, the undersigned, hereby mal<e the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): I. Application is hereby made for Special Use Pennit to conduct the following: /~ ~ 7? p,v /f7\-/',ttJ 0/ ~;f-Po_ Il:r-f h'l~:Y~~~~)W~~().e:L- " 7' p.!IIVO 77AA./!./N-c' ~N JIf- 2. Legal description ofland to be affected by application, including acreage or square footage ofland involved, and street address, if any (attach additional sheet if necessary): 57, JtJfe.,o# I SO '7 ';'L. Pic - fS S. c..r...f-r7M_. I ?PO JJ!l-LJ$. ~oA/J ~:r. ~JO'sE"PJl-, """'-' '$""~:3-7 y/ _ 7.2.. ~":'$ , , 3. Present zoning of the above described property is: 1<.. , ~p rolf... $" c..#TJ 0 '- 4. Name and address ofthe present owner of the above described property is: S -r. .) () S /fhP 1+ . IS D 7 ~"2. /1 Ie:- -"ir .5 Ct'-/7?c<.... I? O~ J/h71f!E:. d.. oA-o Sr. J~r--RII-;.,. AA~ Sc. ::r 7y . / 5. Is the proposed use compatible with present and future land uses of the area? Please explain: va. -:; /rE- w/LL a.iE. A ;'/6t,A/ /,/t::.- g $c~"t... 1'".q~,tf,c;,...,rz-7' u~,c~ ~,.j.s77.2~e.?7D__. ~ ;t/IRu""I7$~ ...//#'/J TU'd/,.'/~ W14 AtE. /.....r~ 'rb e;~~ G/~C-7"?e..(/:~ Iflv., VrlILL-. A-~o AL uf~/::> ~A ~/?.....c../TnI7~ "on~ ,.ref. 6. Will the proposed use depreciate the area in which it is proposed? Please explain: A/ u . 77~ IV/ ~IO '7U ~/ N.& I J t/~.., & u/t!:..-r- /r,~ ,A,/or ;;:,/ "PU;:;:".o '_ /1"L)(/~.,p'f..J;.~~ /AA',oA-rr- /.hliE/ ~ #-(t.LJ/c?;~? ~Ai..~~-:77~. 7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain: '{.r!j +-y 1?f-~ 1<;/1:: I,,~ {A//I'V/.J 77-t ~.jj /^"'~ D I ~ /f/" r- At &'-1.-/,e.~ 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: y~~ / !T7,/1/ G L-O ~~ a cJA-O ,2-/ /f7J~ r"'R d-P~J:~A ::f;ttl-o~ ___ ~L.. ~y;~6-< ~O ~ ~CC-e:;I A"JD.oA77E .A-:;PP/77 oAJ/1"z- ~~/G ~ d/V\.... rJf-6: S ~/h?, '--. p /l/ L 7 /Y7 hJ / /Vt/f?- 4-;QA I 77 L)#JP!-t- 77<-~r ,e. w o",-iLO 11 ~ c;Gv6;eA7~ /P7 /?- /2.G oS "- L.,- 0 ~ ~ ~'<'d//d.(b'J wI ;-10 nt R-./J /,./L: 10/15/2007 MON 13:42 FAX 320 253 2324 Winkelman Building Corp 10"1,~,:H:l12l87 12:46 ECO DOI'IES LLC 2181643582 PAGE3 AltlIdlc:d t11lbil ADlllltlllloll IIl1clIXlSUt'" PBlt tll\lrwl Are ~rl'l 6lJbdll**iM dlltA ~"ll'tnlelll8. at Indleate4. ,......._~...JAw ,,'- ... f 0[1..1- 1i' OwG\lrSl~OHI9~;~.[:" Datel lO/! 0-9..7 I f/i.l1;i/Cv(l^,t4/ltJ '~~t~Jt-Q .&~rf..~ (':-t) /:.PCJlt.ttt ~ (uV FOJt Ol1FJCF. USE ONL V VAl!) Al'l't.lCNf'lON $1)l'lMI1'1'F.n: DA'l'l! APPWCAll0N COMPI.IITLl' flaming C.ommiS$ioo Aclion: Recommend APproval _, ~ RccomlllllM OlnupllfO\la' DIlle ~ MtlOll___ t)nlq A1>JlllllMllj!l(Jpo:llY Owtler iiilfif.~ "r.l'IBlll\in~ Cyrllmi$~:M AC111l11: ,.... _.._._ " (..)1)' C"'lln~il Acli4lll: Apllrovcd Df~I1lJProv<ld Date of Aotion .~?"~;[Pl!,~l1Y!.~a!!:tt,S~I!,~v~~e\' ')f~t l,.'yum:.1 JlIII:,..: 10-15-2007 13:42 ECO DOMES LLC 2187643582 ~ 003/004 ,. " ~: t,; (, li ... ~~ f~ i!. ~,; 11 " " ,. ~ : PAGE3 w () c::r:: Z c;:..:) <( :;::) ::::i ~ ll. ~ . ll. r- <( - :E (Y) II:: ~ W ;;: 0 c:( ll. .J <( {t) j:: z 0:: w c (jj .... w II:: 1Il ;;: it.:. > ~ ... ::.:: 1Il 'tl III ~ III ~o Co ~ ~ CJ) 'tl ~2 j (ij ~ e g . <C ~ III o ~ll) ~ .. lii > 00 <C ~ -~ ~ ~ ~ g g g 0.... EE 51lBM ~O ~a:l ~~ >- Cl Gi c: w g g g g g ~ g ~ ~ 0 1~ (~sa) '1~uow Jad '1M>! g' ;::..", *~ as U) >. e ~ ~ Q) g.!!2 +- ..c ~ ~ :J c> '_.55..c COQ) !:: -oQ) 0 ~ .... t: '- E..c a... ~ g oS; e;; "'0 ;> Q) '" ] >"_ .co...c::;>~-o.... Cl o >,.... E o.g Q. 5 J, C:'oS is co c.. Q) ~ 0)"'0 ..c."!::: ~ >. Q) ~ c.. (5 c ~ +:i ~ ~ en ~:J -- ~ ~ ~ ~ ~ffi .~ t5 -g -" '- .- ~ - '- co co () ai'O ~(J) Ec5 t: Q.~ 1i",0>,~ ~Q).c2 E t3 ::c .c lJl nj u Cl.!: ~ '0 ~ .22 t.~ ~ ~.~ g- ~ .5a c -g [ Q) :J ~.2 := 2 ~ 8 .~ t: 8 gj 1ii -e ~ J!! o E Q)':':'"c ~~~ Q) ~ ~m=]~$U:~1i1s .'!:~ 55 as ~:~ ~ E::g ~ >'...c:: ~ ..: '" t: U '" Q) i: cJ5 S 8. g g,';: ~ g, t; caB E 03 '" ~ -0 0 t: Q. ~ 1 ai Q; ~ ~ ~ iii 0 O...c:: '" Q) ~ ~ E 0 '0 ~ c: .~ E~~ ~t:Q5 ~ ~ ;V '" ...c:: 2 en ..- (J) ~ 5l ...c::.!: 0 .~ ~ 0 S.c-n '" EO .!!l ~ g. i 2 e> <I> c: <I> <I> EO o -<: ~ .!2 t1).5! .S .Q e>~ jg ~ " '" ~o <I>.!!1 '" '" '" " ;0 ~ II .s .~. .!!l OJ ~" 8 ;~ ..!e~ ~~ 1:i .~ ~ ~ ~.~ {l~ ~Ct) 1:> " E:!S ~"ti' .~~ " " "':5 .!!a Q) 1:>"" &~ '_ ::l . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . w..........__....r i -0 2-0 ~ "i:: c: OJ c: >. 0"" () .~ Q) => E 0 0- I -1- ................. ............., . . . i ~ Q; ::< (j) ill ~ E 'S: 0 0-"= ~ 0 0-- Ez:, ro -- ~ .g 000 2~ (/J Q) Cf) ~ ~ ~ E CO CD ~ ....... c Cf) 0 (j) 2 .~ 0- E 0 Cf) () Q) '" s () C/) " g [;: " 0 " I :; .~ ~ Q). c:: __ '- :J. - co "E.:2 gJ 8:og o ~ <<l ca~-ij .<:- - ..... \J..59 ~ g.S$g, !'Q O:i:: ~ Q)~(.).E t:, en C) ~ ~ Q) _5 S o E :;: :;: CIl..,2! .2 jgos -~ 5 (I).jg E "'5 .9 .; ~ .:'::l=~ 1;5 -gE.l!l~ c.. ',9 "(i.j(f) >. e> ill c: CIl ill -E ij' m.~ t5.Q ~:m (/J1: ~ .~ 0'<: Ci3-g ~ ~ 0) c: > OJ .f 0)'00 .~.&j ~ li;";i '0 c: .0) ctl : g. ~ Q) 0) 0 ~ 0. 0 en ... Q) c: 3: o . Q) 03' E 5 0 E ..c: o (J) 0 :c3: - a.. Q) C ~ .::; '$ Q) C'l "'0 E Q) C'l Q) 1ti t5 """ ~ .i!l 2 1il ~ ~ 1il i8 c: ~..c- 0 en g Cti '15 8 ='.~ ~ (/J+oIca;- "'O~ctlo.<: ~-g~~:i en ctl ='.!: E ""C Q) ........ Q5 .~ 0 2 g' ~ 3: ctl +' .+:: Q)l.Oen~% OJ"": ctl .~ .<: l:!~~c:c: Q) Q) ctl ~ ~-g en CD ::cCtictl~Cii (L.~ g> z.. ~ ~ ~'c.+:: ~ OQ)2='~ T":'" 0._ Ci1 en _Octl()>. ~Q.g.2cJ5 Q)~-,-Io.. -='Q)=,=> :<~~~~ 71 71 71 71 :fl{~ ~ il 8 >. >. E iH 0: ~==]o>]~ ~ CD .s -en g 0:.0 _0, g ~.~ ~ oS ~ ,j".~ jg .s -E ~ E ~- 8: ..... -:5"<<$ ~.;; O)<(~~EOctl ~O'-'<:>""CIlill a., 0)'-"'" Q) C'- Q) cr.i -6~gJ8~~~en ~SEl.. ~ .5 ~ ~ =; 8 ~Cii O(/J men ~>. ~ '';; ~u5'w ~ ,,'13 ~ 55.-:: .~ 0 C/') g'".5 .s ~..E ~ ~ ~-'~ as .21 &. g ::l Cil ~ ~ Qi ~ 05 ~ ~ ~ (fJ .5_ E Ql (I) ctl ill C -- c:: ....~- t5 ~- E -:5 0 -g .2" en ~ ~ a -g ~.~ g ~C::o.l!lctlCllQ)-o (f) 8 0.. ~ .~ 8 -:5 ~ ;..... ..; ..: " '" " "0 E .'" ~ 1ii ~ en <ij " .2 5 o ,., :; "' c: o " is '" ~ '" " o ,., ..Q "' a. '" E "0 c: -;: ..Q E o " ,;., 0> ~ c: " E '" ~ 1ii f ~ c:( (,) 0::.: t- lJl > ::x: lJl -ii :> . ;2 c: "0 0 Q) .~ ~ a. lF5 "0 "' c: c: -;: 8 ':(ij>.. c: 0> o a; m as "'"0 1l,] '" Q) Q ~ ~~ 5 Q) . "'C g> t:" ~ ~ ~ ]~~ ~ C r/J " '" " .9- ~ "]i 6.2 as >. Cti ::J ~~] tB~] . E 5 CI) ~ c '" CI) . c '!: Cii gjc lj (/) -c ill Q) :s::S 835:E$.~~2 +or 0.-;;; as - ~ .-, ~;cu~85.175~ (.) c:.~.: Cti >-- c: as -~ ~ Q) .0 0 C ~ ~2~!~ o~.~ en ctl -- (j)Q) 0 ctl '" c:~o E-g,EE .- ~ '4- E '- CO 8 S :::J ctS ~ en ..E ~ :>".5 ~ -g Co Q) 0). ~ OJ Q) c:ctl&jE.;;",CDS o :>, '" ~.!: Q) ai E ~-13 E w CIl -"= E ~'.5mca~-;ro.R ~ ~ ~ ~'"E ~ ~ Q; ar~~g; ~ a.~Cij o 0 (/J "" .S _5 ~ ~ Certificate of Com liance Page 1 of 1 Certificate Number 20071402E300731 Report Reference E300731, Issued 2006-10-17 Issue Date 2007 February 14 Issued to: This is to certifj' that representative samples of StiUulard(s) for Sc~lety: Additional h~l()rmatioll: 1lL\......u. ........... ...... \!Y Underwriters Laboratories Inc..w Southwest Windpow~r Inc 1801 W Rte 66 Fhlgstarf, AZ 86001 United States Skystream Inverter Component inverter for use with Skystream wind turbine, Utility Interactive Ready Have been investigated b.ll Underwriters Laboratories Inc,@ in accordance with the Standard(<o) indicatetl on this Certificate. UL 1741, Standard for Safety for Inverters, Converters, Controllers and Interconnection System Equipment for Use With Distributed Energy Resources, 1st Ed.; IEEE 1547-2003; CAN/CSA-C22.2 No. 107. 1-01, 3rd Ed., General Use Power Supplies Output configuration: 120/240V, L-N-L, Oper. voltage range Vac: 212-264; or 120/208V, L-N-L, Oper. voltage range Vac: 183-229; Nonnal out frequency Hz: 60.0; Operating frequency range Hz: 59.3-60.5; Rated output current Aac: 10.0; Rated continuous output power kW@25 oC: 1.8; Rated continuous output power kW@50oC: 1.4; Max. peak output kW: 2.4; Surge Rating B3 Only those products bearing the UL Recognized Componenl Marks for the.U.S. and Canada should be considered as being covered by UL's Recognition and Follow-Up Service and meeting the ::lnnr{n"'\ri~tp IT c:. ~nrl C'~n!Hlt~n rprllllJ-{-'nlpnr<::.: The UL Recognized Component \lark for the L.S. generally consists of the manufacturer.s idemilication and catalog numher, model mmlber or other product designation as specified under '\\'Iarking" for the particular Recognition as published in the appropriate tJL Directory. As a suppkmemary means of identitYing products thai have been produced under UL's Component Recognition Progranl, UL '5 Recog111zed Componel1tivlar,k: 'Irl, may be- used in conjuction \viththe required Recognized ~vlarks. The Recognized Component ;vlark is required wben specified in the UL Directory preceedinir the recognitions or under .'!'vlarki!H!s.' for the individual recoL'nitions. The Ul Recoe:nized COl11DonentMark for Can ad; consists ~f the LiL Recot.,nized :'v1art for Canada: 1:" and the-'--manufacwrer's identification and ~atalog number, model number or othe.r product desiSllmion as specified under "?\1arking" for the particular Recognjtion as pub! ished in tile appropriate tjL Directory Look for the UL Recognized Component Mark on the product CHAPTER V - BUILDING, LAND USE & REGULATIONS ORDINANCE 58 TELECOMMUNICA nON FREE STANDING TOWER REGULATION ORDINANCE ...... ............... ....... ............................ .................... ........................... ............58-1 Section 58.01: PURPOSE................ ......... ................. .................. ....... .... .................. ........58-1 Section 58.02: DEFINITIONS........... .... ..... .... ........................................ ........... ...............58-1 Section 58.03: PERMITTED ZONING DISTRICTS ......................................................58-2 Section 58.04: GENERAL PERFORMANCE STANDARDS ........................................58-3 Section 58.05: TOWER SETBACKS............. ... ............. ....... .... ................. ..... .................58-4 Section 58.06: TOWER LIGHTING ..... ......... ................ ... ............... .......... ....... ...............58-4 Section 58.07: SIGNS AND ADVERTISING ................................................................. 58-4 Section 58.08: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS ..58-4 Section 58.09: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS .........58-5 Section 58.10: CONDITIONAL USE APPLICATION SUBMITTAL ...........................58-5 Section 58.11: BUILDING MOUNTED ANTENNAS.................................................... 58-6 Section 58.12: AMATEUR RADIO TOWERS................................................................58-6 Section 58.13 : PENALTIES........................... .......................... ...... ..................... ............. 58-6 58-0 CHAPTER V - BUILDING, LAND USE & REGULATIONS ORDINANCE 58 TELECOMMUNICATION FREE STANDING TOWER REGULATION ORDINANCE Section 58.01: PURPOSE. The purpose of this ordinance is to accommodate the communication needs of residents and businesses while protecting public health, safety and general welfare of the community. The City finds that these regulations are necessary in order to: Subd. 1: Facilitate the provision of wireless communication services to residents and businesses; Subd.2: Minimize adverse visual effects of towers through careful design and site standards; Subd.3: Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and Subd.4: Maximize the use of existing and approved towers and buildings to accommodate new wireless communication antennas in order to reduce the number of towers needed to serve the community. Section 58.02: DEFINITIONS. The following words and terms shall have the following meanings unless the context clearly indicates otherwise: Subd. 1: Antenna. Any structure or device used for the purpose of collecting or transmitting electrical magnetic waves, including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whip antennas. Subd. 2: Commercial Wireless Telecommunication Services. Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Subd.3: Public Utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer or land lying telephone service to the general public. For the purpose of this ordinance, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately. 58-1 CHAPTER V - BUILDING, LAND USE & REGULATIONS Subd. 4: Tower. Any free-standing ground or roof-mounted pole, spire, structure or a combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masks, not wholly contained within a building or other structure, intended primarily for the purpose of mounting an antenna, meteorologic device, or similar apparatus above grade. Subd 5: Multi-User Towers. A tower to which is attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity. Subd.6: Single-User Towers. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate antennas of multiple users as required by this ordinance. Subd.7: Amateur Radio and Television Towers. A tower used exclusively for transmission and reception by an amateur radio operator, which is located on the same property as the radio or for residential television reception, and does not exceed 40 feet in height. Subd.8: Exempted Dish. A satellite or microwave dish that is two meters or less in diameter and used for reception of signals exclusively for the occupants of the property on which it is located. Subd.9: Accessory Utility Buildings. All utility buildings and structures accessory to a tower. Subd. 10: Building Mounted Antenna. A wireless communications antenna mounted on or attached to the roof or wall of an existing building. Subd. 11: Commercial Towers. A tower designed or used for commercial wireless telecommunications services, public radio transmission or commercial television transmission. Section 58.03: PERMITTED ZONING DISTRICTS. The construction and maintenance of a commercial tower shall be permitted within the following zoning classifications, pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Amateur radio, television towers and exempted dishes shall not require a conditional use permit. Subd. 1: Industrial Districts. All permitted towers and antennas. Subd. 2: Agricultural Districts. All permitted towers and antennas. Subd. 3: Public Districts. All permitted towers and antennas. Subd.4: General Business. Building Mounted Antennas, Exempted Dishes and antennas not attached to a tower. 58-2 CHAPTER V - BUILDING, LAND USE & REGULATIONS Section 58.04: GENERAL PERFORMANCE STANDARDS. All towers shall meet the following performance standards. Subd. l: Multi-User Requirements. A proposal for a new commercial wireless communication tower shall not be approved unless the City finds that the telecommunications equipment plans for the proposed tower cannot be accommodated by an existing or approved tower or building within a one-half mile search radius of the proposed tower due to one or more of the following reasons: a) The planned equipment would exceed the structural capacity of the existing or approved tower, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be re-enforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b) The planned equipment would cause interference materially impacting the useability of other existing or planned equipment at the tower as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. Any proposed commercial wireless telecommunication service tower shall be designed (structurally and electronically) in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users. The tower must be designed to allow for future re-arrangement of antennas upon the tower and to accept antennas mounted at various heights. Subd.2: Tower and Antenna Design Requirements. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Commercial wireless telecommunication service towers shall be of a monopole design unless the City determines that an alternative design would better blend in the surrounding environment or allow for greater future multi-use. Subd. 3: Landscaping and Screening. The City shall establish, as a condition of approval of a commercial tower, reasonable requirements relating to landscaping and screening to improve the aesthetic appearance of the base of the tower and accessory buildings. Existing on- site vegetation should be preserved to the maximum extent possible. 58-3 CHAPTER V - BUILDING, LAND USE & REGULATIONS Subd.4: Fencing. All commercial towers and accessory buildings shall be enclosed within an aesthetically acceptable fence with a locked gate to prevent unauthorized entry. The fence shall be at least eight feet, but.not greater than ten feet, in height. Subd.5: Construction Standards. All towers shall be constructed and maintained in accordance with the Electronic Industry Association Standards and all applicable building codes. Subd.6: Minimum Spacing. Minimum spacing between commercial tower locations is one-fourth mile; except antennas wholly contained with a building or other structure and not visible to the general public shall be exempt from this spacing regulation. Section 58.05: TOWER SETBACKS. All towers shall confirm with the following minimum setback requirements. Subd. 1: All towers shall be set back from property lines a minimum of 125% of the height ofthe tower, including all antennas and attachments. The height ofthe tower shall be measured from the average grade of the property on which it is located or the actual tower height, whichever is greater. Subd. 2: Buildings accessory to a tower shall comply with the setback requirements of the zone in which the tower is located. Subd.3: Commercial towers shall be set back a minimum of 1,000 feet from schools or structures used as dwellings and a minimum of 600 feet from property zoned for residential use. Subd.4: A tower setback may be reduced or varied, at the sole discretion of the City, if the variance will facilitate the integration of the tower into an existing or proposed structure, such as a church steeple, light standards, power line support device or similar structure. Section 58.06: TOWER LIGHTING. A tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other state or federal authority for a particular tower. When incorporated into the design standards of the tower, light fixtures to illuminate ball fields, parking lots or similar areas may be attached to the tower. Section 58.07: SIGNS AND ADVERTISING. The use of any portion of a tower for signs other than a warning or equipment informational signs is prohibited. Section 58.08: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS. Abandoned, unused telecommunications towers or portions of telecommunications towers shall be removed as follows: 58-4 CHAPTER V - BUILDING, LAND USE & REGULATIONS Subd. 1: All abandoned, unused towers and associated facilities shall be removed within 12 months ofthe cession of operations at the site unless a time extension is approved by the City. [n the event the tower is not removed within 12 months of cession of operations at the site, the tower and the associated facilities may be removed by the City and the cost of removal assessed against the property. Subd.2: Any unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. Section 58.09: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS. No new or existing telecommunication service shall interfere with public safety communications. All applications for a conditional use permit for new service shall be accompanied by an intermodulation study which provides the technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of a new service or change in existing service, telecommunication providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. Section 58.10: CONDITIONAL USE APPLICATION SUBMITTAL. In addition to the information generally required to accompany a request for a conditional use permit as found in the Zoning Ordinance, applications for towers shall include the following supplemental information: a) A report from a qualified and licensed engineer which: 1. Describes the tower height and design, including a cross section and elevation. 2. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas; 3. Describes the towers capacity, including the number and type of antennas it can accommodate. 4. Describes how the applicant will take to avoid interference with established public safety communication. 5. Includes the engineer's stamp and registration number. 6. Includes other information necessary to evaluate the request. b) Letter of intent committing the tower owner, and successors, to allow the shared use of the tower if any additional user agrees in writing to meet reasonable terms and conditions for shared use. ~R-~ CHAPTER V - BUILDING, LAND USE & REGULATIONS c) Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration. d) A report from a qualified and licensed professional engineer which demonstrates the tower compliance with all applicable structural and electrical standards. e) A site plan showing the boundaries of the property on which the tower is located, adjacent land uses, the location of the tower and any accessory buildings within the property, distance setbacks from property lines for the tower and accessory buildings, fence locations, and proposed landscaping or screening. Section 58.11: BUILDING MOUNTED ANTENNAS. The placement of a wireless telecommunication antennas on roofs of walls of existing buildings or structures shall be approved by the City as a conditional use provided that the antennas meet the requirements of this ordinance, after submittal of a final site and building plan, and a report prepared by qualified licensed professional engineer indicating the existing building structure suitability to accept the antenna as well as a proposed method for affixing the antenna to the structure. Complete details of all fixtures, couplings, and the precise point of attachment shall be indicated. Section 58.12: AMATEUR RADIO TOWERS. Amateur Radio and Television Towers and antennas are subject to the standards and conditions established by this ordinance, except for those specific to commercial towers. The City may waive strict compliance with this ordinance if it finds that the stated purpose of this ordinance is met. Section 58.13: PENALTIES. A violation ofthis ordinance shall constitute a misdemeanor. Each calendar day of a continued violation of the ordinance shall constitute an individual misdemeanor or offense. 58-6 CITY OF ST. J()S":PH Council Agenda Item MEETING DATE: . November 5, 2007 AGENDA ITEM: Rental Housing SUBMITTED BY: Administration STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Please find to follow some information on rental issues. We are working on doing a summary of Minnesota Cities with Colleges within and will present that information on Monday evening. I have also attached a letter from the City Attorney regarding rental and residency requirements. In addition to the research we will have available a map illustrating the location of rental properties. ATTACHMENTS: REQUESTED PLANNING COMMISSION ACTION: MEMO TO: Tom Jovanovich FROM: Lori L. Athmann DATE: September 17, 2007 RE: Interim Uses FILE: City of Joseph ISSUE Is it permissible to increase ownership requirements from 50 percent to 100 percent for interim use permits and rental property? Can the ordinance require a fixed separation distance from a person's residence and rental property? Can it adopt a one year residency requirement before granting interim use permits? Can the city completely ban interim use permits on rental property in R-l zoning districts? SHORT ANSWER The City Council can modify its ordinance to establish certain conditions on interim uses, so long as they are not arbitrary or capricious, with the exception of any conditions on residency. LEGAL ANALYSIS An "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it. Minn.Stat. 462.3597, Subd. 1. Zoning regulations may permit the governing body to allow interim uses and to set conditions on their uses. The statute does not require a city to issue interim use permits. The governing body may grant permission for an interim use of property if: 1) the use conforms to the zoning regulations; 2) the date or event that will terminate the use can be identified with certainty; 3) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. Minn.Stat. 462.3597, Subd. 2. The existing interim uses allowed in R -1 zoning districts relating to rental properties appear to conform to the statutory requirements with the exception that it does not provide fora date or event which will tenninate the use in the ordinance (Subsection 2, above.). Essentially, the . ordinance allows for an interim use permit indefinitely. The city might wish to consider placing a terminating date or event in its. ordinance (i.e. for no longer than six months, one year, while the house is on the market for sale, etc.). Generally, licensing regulations must meet the test of reasonableness and be a proper exercise of the police power under the due process clause of the constitution. Case law indicates that a city may license most businesses or activities subject to local regulation without violating constitutional restrictions. Village of Schaumberg v. C.B.E., 444 U.S. 620, 100.S. Ct. 826 (Minn. 1980). The power to regulate includes authority to provide standards and to attach requirements for meeting those standards, including requiring & rea.sonable bond to ensure compliance with those standards and to protect the city. Jefferson Highway Transp. Co. v. City ofSt. Cloud, 193 N:W. 960 (Minn.1923). The "licensing authorities must noOlct arbitrarily or capriciously". Waida v. City of Minneapolis, 246 N.W.2d 455,457 (Minn.l976), and must act reasonably and make its decision on articuable and legally sufficient reasons. ETO. Inc. v. Town of Marion, 375 N.W.2d 815, 818 (Minn. 1985). A governing body's decisions must be supported by substantial evidence, which is defined to include "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion~' or more than "scintilla of evidence". CUP Foods. Inc. v. City of Minneapolis, 633 . N.W.2d 557,563 (Minn.App.2001). A governing body acts arbitrarily orcapriciously if its decision is based on whom or is devoid of.articulated reasons. Id. A governing body may rely on written reports by state investigators in the administrative proceedings, even if the reports mig..ht not otherw. ise be admissible in a civil or criminal trial. Sabes v. City of Minneapolis, 120 . -,. " , ., '.,' .', -.. , N.W.2d 871-877-78 (Minn. 1963). A city;'s decision will be upheld if it has any ration,al basis. Given the city's broad discretion and poliqepQwers, it can amend its ordinance to provide for any "reasonable" conditions upon granting interim use permits. There is one exception, however, and that is to the proposal that there be a residency requirement, such as one year, prior to the issuance of an interim use permit. This condition has been deemed unconstitutional. Any city ordinance that discriminates against non-residents by refusing to grant licenses to them or by granting them on different terms is unconstitutional. 9 McQuillin, Municipal Corporations, 26.62. Courts have held that these ordinance are invalid as they violate the citizens of each state to all privileges and immunities in the several states and the 14th Amendment, equal protection and due process rights. Kalra v. State of Minnesota, 580 F.Supp. 971 (D.Minn.l983). 2 Judy Weyrens From: Sent: To: . Subject: Sarah Sialke Friday, November 02, 2007 11 :29 AM Judy Weyrens FW: Planning Questions Sarah Bialke City of St. Joseph 32e-363-72el sbialke~cityofstioseph.com -----Original Message----- From: Marney Curfman [mailto:mcurfman@ci.sauk-rapids.mn.us] Sent: Tuesday, October 23, 2ee7 12:22 PM To: Sarah Bialke Subject: Re: Planning Questions City of Sauk Rapids SECTION le.le MULTIPLE FAMILY RESIDENCE DISTRICT, R-3 requires: J. Green Space. For buildings containing 3 or more dwelling units constructed after July 21, 1997, there shall be a minimum of 2ee square feet of contiguous and useable green space, not including setbacks, for each dwelling unit. City of Sauk Rapids SECTION le.leA ELDERLY HOUSING DISTRICT, R-4 requires: J. Green Space. For buildings containing 3 or more dwelling units (or lodging rooms) there shall be a minimum of 2ee square feet, not including setbacks, of contiguous and useable green space for each dwelling unit (or lodging room). Holding ponds cannot be used for green space. "Useable Green Space" should probably have a definition, but our ordinance does not currently contain one. R-3 MULTIPLE FAMILY RESIDENCE DISTRICT Yard Requirements: D. The side yard setback shall be 3e feet for all structures, except accessory buildings may be 5 feet from the lot line. F. The front yard setback shall be 35 feet. The City Building Inspector may vary this requirement to provide for previously established building lines with right of appeal to the City Council. G. The rear yard setback shall be a minimum of 35 feet, except for accessory buildings, which shall be set back 5 feet from the rear lot line or 18 feet for garages with the vehicle entrance facing the rear lot line. R-4 ELDERLY HOUSING DISTRICT Yard Requirements: D. The side yard setback shall be 3e feet for all structures, except accessory buildings may be 5 feet from the lot line. F. The front yard setback shall be 25 feet for townhouses and two family dwellings and 35 feet for apartments and lodging facilities. The City Building Inspector may vary this requirement to provide for previously established building lines with right of appeal to the City Council. G. The rear yard setback shall be a minimum of 1/4 of the lot depth or 1 35 feet~ whichever is less~ except for accessory buildings~ which shall be set back 5 feet from the rear lot line or 18 feet for garages with the vehicle entrances facing the rear lot line. I have not dealt with a development that was converted from age restricted (senior housing) to non-age restricted. Street width exceptions may be given in a PUD approval on a case by case basis. The Land Use ordinance does not state the required street width. I assume our Public Works department would know this answer. (No one is answering my call right now.) I believe private streets have been allowed~ but cannot find anything in the ordinance regulating them. Sauk Rapids City Ordinance #435 requires that no person shall occupy, allow to be occupied~ or let to another for occupancy any rental property in the City of Sauk Rapids without having first obtained a rental license from the building official. Application for rental licenses can be obtained at City Hall. Upon submission of the application~ a fee shall be paid according to the following schedule: First dwelling unit or boarding room....$35.00 Each additional dwelling unit or room..$20.00 After the application and fee have been received by the City~ an appointment will be scheduled for an inspection of the unit or building for compliance with the Housing Code. Upon compliance~ a license will be issued by the Building Official. Rental licenses are valid for two years, after which a new application and fee will be required. The Land Use Chapter defines a family as any of the following living in a single dwelling unit: 1. An individual; or 2. 2 or more persons related by blood~ marriage~ or adoption and any unrelated persons who reside therein as though a member of the family; or 3. A group of not more than 5 persons. Therefore, in a Single-Family rental home, the above applies. Marney Curfman City Planner City of Sa uk Rapids 115 Second AVE N Sauk Rapids~ MN 56379 Ph: 320.258.5334 Fx: 320.258.5359 2 Judy Weyrens From: Sent: To: Subject: Sarah Bialke Friday, November 02, 2007 11 :29 AM Judy Weyrens FW: Planning Questions Sarah Bialke City of St. Joseph 320-363-7201 sbialke~cityofstioseDh.com -----Original Message----- From: Matt Glaesman [mailto:Matt.Glaesman@ci.stcloud.mn.us] Sent: Tuesday, October 23, 2ee7 1:49 PM To: mcurfman@ci.sauk-rapids.mn.us; Sarah Bialke; kdockendorf@coldspring.govoffice.com; therese@sartellmn.orgj smockros@Waitepark.org Subject: Re: Planning Questions A maximum of 4 unrelated adults in a dwelling unit. We treat rental dwellings no differently than owner occupied in a single family district. They are subject to the rental registration license, which costs a single family home $100. A property that is in provisional rental status due to prior code violations is subject to a $1,000 fee. We require the parkland dedication of land or cash for all residential projects. Holding ponds can be incorporated into the greenspace at the City's discretion. Setbacks are typically 5 on the interior side yard, 10 on the street side yard, and 25 on the rear. The front setback can vary from 15 to 25 depending upon the character of the development and projected volumes of the abutting street. There is some correlation to age and character of development, but it is not the only consideration. Our zoning is typically silent on senior or open market housing. If there was some required parking reduction to start, we would likely push for the them to provide the additional parking required. We allow private streets, but have tried to limit those instances, especially when they serve a large number of separately owned parcels. Where we do reduce public street standards, we have used 52 foot right of way and 30 foot street. >>> "Sarah Bialke" <sbialke~citvofstioseph.com> 10/23/2007 11:48 AM >>> Hello Everyone, We are in the process of gathering some information for a potential development in St. Joseph. Could you please provide information as to how your CIty handles the following related to a High Density Patio Home Development: * Do you require greenspace? * Can holding ponds be used for greenspace? * What are your front, year and side yard setbacks and do you give relief for those based on whether or not the development is age restricted? * Have you ever dealt with a development that was converted from age restricted (senior housing) to non-age restricted? * Do you give exceptions to your required street width, what is your required street width, and do you allow private streets? 1 What Other College Communities Have Done Examples of Regulatory Actions to Preserve the Single-Family, Residential Character of a Campus Neighborhood West Urbana is not alone in trying to preserve its single-family residential neighborhood. The May 2002 issue of Zoning News, a publication of the American Planning Association, discusses "How Communities Address the Problems of Students Living Off-Campus." It lists effective strategies to reverse the "encroachment of student rental housing into nearby single-family neighborhoods and the negative effects of this encroachment."! Research by members of the West Urbana Neighborhood Association details solutions other college communities have implemented toachieve these goals.2 What follows are examples from which we can extrapolate and learn. Restrict the Definition of Family "The most common method of attempting to deal with over-occupation of rental properties in a single-family district." Example of a "functional family" from Ann Arbor, MI: "... functional family means a group of people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.,,3 , The restrictive family definition needs to be non-discriminatory and broad enough to include two unrelated partners and same-sex partners. Specific exceptions can be included in such an ordinance: e.g., in-home childcare;elderly care; sabbatieal renters; exchange students, etc. Towns that have passed such an ordinance, and the year of passage include: . Macomb, IL, 2001 . Anp Arbor,MI [Survived challenges at the State Supreme Court level, 2001] . East Lansing, MI, 1997 . Burlington, VT, 2001 . Salisbury, MD, 2003 . Binghamton, NY, [Survived challenges at the State Supreme Court level, 2000] 1 Craig Raborn: "Coping with Colleges: How Communities Address the Problems of Students Living Off- Campus," Zoning News, May 2002, p1-6, [Quote, p,1] Other quotes from this article, unless otherwise indicated. 2 Research was conducted over the last several years and may not be 100% accurate. 3 Chapter 55, Zoning Code. Also at: http://www.ci.ann-arbor.mi.us/Planning/codes/ch55-aILhtml REGULATORY ACTIONS TO PRESERVE CAMPUS NEIGHBORHOODS-jANUARY 2005 PAGE 1 Reduce the Number of Unrelateds [currently 4 in UrbaJ,1a]. Provide a sunset provis'ion which requires that any current rentals will have to' conform to the new occupancy rate within a specified number of years. Examples of the number of permitted unrelateds in other communities and when current level enacted are: . Carbondale, IL, 2, 1974 . Normal, IL, 2, long-standing . Macomb, IL, 2, 2001 . Columbus, OH, 2, long-standing . Madison, WI, 2, long-standing . East Lansing, MI, 2, 1997 . Salisbury, MD, 2, 2003. Included a sunset provision of 3 years for existing rentals. . Lawrence, KS, 3,2003 . Provo, UT, 2, 2003 . Lincoln, NE, 2 [Survived challenges at the State Supreme Court level, 1997] . Bloomington, IN, 3 [Survived challenges at the State Supreme Court level, 2003] / Allentown, P A: Student overlay district, limiting the number of unrelateds permitted in this district compared to other parts of town. [Upheld in court challenges.] Enforce Codes and Standards Ordinances to encourage compliance with existing codes include: . Bethlehem, P A: Tenant & Landlord must sign supplementary agreement that stipulates an understanding of legal # of occupants; obligations of landlord for maintenance; obligations of decent conduct by tenants. . Gainesville, FL:Requires rental occupancy permit to be maintained on premises. . Iowa City, IA: Have info disclosure form on responsibilities and # occupants. Post legal # occupants for every rental property on the Web. . West Lafayette, IN: Nuisance inspector who inspects key neighborhoods 3-4/x daily. Has resulted in a major change in appearance of area. Issue Residential Parking Permits . Manhattan, KS: issues two permits per property at nominal fee. Overnight parking in neighborhoo<is near campus prohibited without a permit. . Newark, DE: No more than 2 residential parking permits will be issued per address for any non-owner occupant single-family type dwelling requiring a rental permit. . Columbus, OH: Limits number of 'stacked' cars in a driveway; also limits to area devoted to parking and maneuvering ofvehic1es in the University District Overlay to 35% of lot to prevent the "auto salvage yards" syndrome. . Eugene, OR: One permit per address, with a limited number of additional permits for a 2- hour parking limit only. REGULATORY ACTIONS TO PRESERVE CAMPUS NEIGHBORHOODS-jANUARY 2005 PAGE 2 · East Lansing, MI: 24/7 program in select neighborhoods, which limits number of permits [up to 3 or 4, depending on area] per address. No on-street parking 2am-5am. Grandfathered businesses exempted. . Bloomington, IN: Limits number of permits issued to Greek houses in the neighborhood. Greek Houses do not receive visitor passes. Inspect Rentals and License Landlords "Safe rental housing and a record of responsible parties for each property are additional benefits of such a program." · Columbia, MO: Requires certificate of compliance, HV AC inspection, apd city inspection. Registration and inspection fees required. .. Gainesville, FL: Yearly fee for rental propeliies. Website promotion of licensed properties. Landlord point system, in which revocation of license possible for non- compliance [passed 2003]. . Iowa City, IA: requires rental permit [fee assessed every 3 years per structure and per number of bedrooms] and one-time Certificate for Structure Compliance [one-time fee]. · West Lafayette, IN: Requires certification of all rental housing. Annual fee of $300 per structure in 2002, and additional per-unit fee. Different fees depending on whether owner-occupied, # of relateds and/or unrelateds, and multi-housing/single- family unit, etc. . East Lansing, MI: Annual inspections. · Boulder, CO: Baseline and safety inspections required. Fines up to $2000 if unlicensed. Exempted properties include: owner-occupied or sabbatical rentals. Implement Rooming House Programs These programs may be permitted in certain zones or overlay districts and may be prohibited in single-family districts. . Adopt ordinance making a Student Rental Home a use by special exception . West Chester, PA . Merrion Township, PA . Limits on density of student houses: . West Chester, P A: bans new student housing within 400' of other such housing. .........Newark, DE: student homes must be at least 10 lot-widths apart. Target Disorderly Houses Minimizing nuisance and over-occupancy violations. Drafting ordinances to preserve the spirit of single-family zoning. · East Lansing,MI: Landlord fined daily if over-occupied. Landlord must prove tried to evict. Can fine landlord or tenant. If there are too many noise violations, the landlord is notified and ultimately liable. $1,000 fines and possible incarceration for serious repeat noise violations. Enforced twice and never needed subsequently, as of2004. . Columbus, OH: Owner liable for over-occupancy. · West Lafayette, IN: Requires Occupancy Affidavit, which must be displayed on premises. Fines of $1000-$2500 imposed on landlord for over-occupancy. Owner and tenants must sign occupancy affidavit. REGULATORY ACTIONS TO PRESERVE CAMPUS NEIGHBORHOODS-jANUARY 2005 PAGE 3 . Springfield, IL: Website of landlords with excessive violations. http://www.springfield.il.us/CITYGOV/ComServ/TopTen.htm . Ames, IA: Aggressive enforcement of over-occupancy. Landlords and tenants found in violation of the occupancy limit for their area will be fined $500 for the first violation and $750 for additional violations. · Carbondale, IL: Second offense for over-occupancy: fine owner and tenants. Burden is on the owner to inform tenants of legal occupancy rate. Burden of proof on residency is on the tenant. . Bloomington, IN: Everyone on lease gets a ticket ifthere is a noise complaint, whether present or not at party. . . Boulder, CO: violation for over-occupancy and nuisance violations can be up to $2,000 and 90 days in jail. . · Manhattan, KS: If tenants get more than 2 serious violations within a year, the city can shutdown the rental house. . Normal, IL; Boulder, CO; Ft. Collins, CO; Ames, IA; Tuscaloosa, AL; and Blacksburg, VA: ban of indoor [upholstered] furniture outside, "based on national fire safety standards and tragedies that have occurred with fires on porches or with waterlogged furniture causing collapse of the structure. Couches outdoors also attract vagrants who may find them a nice place to sleep and smoke." . Eugene, OR: Requires bike storage - number depending on type of building and number of units. · West Chester, PA: For drinking offenses, can impose the maximum state penalty -loss of driver's license. Other Solutions Encourage Owner-Occupancy and Responsible Management · EastLansing, MI: Occupancy limits based on dwelling size and whether owner-occupied. . West Lafayette, IN: rental registration program assigns different category of fees and fines for rental properties, depending on whether or not it is owner occupied. Properties with out-of-town owners must have a local manager if property owner lives outside of designated area [e.g., city or county limits]. . Carbondale, IL, Ann ArDor, MI, and Boulder, CO: Must have a local agent to manage property, even if owned by out-of-town parent. . Ann Arbor, MI: UMich has Website listing of approved landlords. . East Lansing, MI: Considering buying back rental licenses and converting rentals back to single-family, owner-occupied properties [as of 2004]. Limit Occupancy Based On Parking Availability . East Lansing, ML Under consideration. REGULATORY ACTIONS TO PRESERVE CAMPUS NEIGHBORHOODS-jANUARY 2005 PAGE 4 Reverse Grandfathered Non-Conforming Uses . Tallahassee, FL: Elimination of non-conforming status for properties that have had three or more violations of a rental housing ordinance during a six-month period. . Bloomington, IN: Require all owners to register, and rescind non-conforming status if they do not register. . Utah: Abandonment and Amortization of Nonconforming Uses: "The right to continue a nonconforming use may be lost if the use is abandoned for a period oftime. State law does not define the period of time so it must be done by municipal ordinance~ Most municipal zoning ordinances allow six months to one year of non- use, after which the property cannot be used except in conformity with the current zoning ordinance." Elsewhere, applies towards abatement of nuisances. . Mason County, IL: "Whenever a nonconforming use has been discontinued for a period of 12 months, such use shall not thereafter be reestablished, and use thereafter shall conform to the provisions of this ordinance." . Elgin, IL: "Multi-Family Conversion Program" with funding to encourage conversion of grandfathered properties back to single-family. I Establish A Conservation District Or Overlay Zones to Discourage Demolition Of Historic Properties and insure new development is architecturally compatible with existing fabric of the neighborhood. . Portland, OR, 1977 . Cambridge, MA, 1983 . Raleigh, NC, 1988 . Lake Forest, IL, 1990 . Arlington, V A, 1998 . Palos Verdes,CA, 1998 . Austin, TX, 1999 . Arlington, VA, 1999 . Boulder, CO, 2002 . Chapel Hill, NC Develop Deed Restrictions and Covenants for specified neighborhoods + Newark, DE: Limits on number of student homes permitted: "A student home is permitted on a lot only if any portion of the lot is no closer to any portion of another student home, than a distance determined by multiplying times 10 the required lot width for a single-family detached dwelling in the zoning district in which the proposed student home is located.,,4 4 http://www.udel.edu/towngown/HousingRentaIGuide.htm I REGULATORY ACTIONS TO PRESERVE CAMPUS NEIGHBORHOODS-jANUARY 2005 PAGE 5 < Jttia ~'/ (~/ttr I fJA (5) A private garage (including carport) as an accessory building or attached to the main building shall not exceed a capacity as provided in defmition, "Garage: Private," or have a door opening over 8 feet in height; when detached from the main building, a private garage shall not include living quarters. (Ordinance 559, June 20, 1959, Sections 1201, 1201.2, 1201.3, 1201.4, 1201.8, 1201.11; as amended by Ordinance 941, September 11, 1978, Section 128; Ordinance 952, January 10, 1979, Section 1; Ordinance 981, November 3,1980, Section 3; Ordinance 1029, June 14,1982, Section 2; Ordinance 1110, April 16, 1985, Section 2, Ordinance 1198. February 8, 1988, Sections 7 and 8, Ordinance 1401, January 11, 1993, Section 2, Ordinance 1423, December 8,1993, Section 3, Ordinance 1448, July 11, 1994, Section 6, Ordinance 1526, March 25,1997, Section 4, Ordinance 1626, June 19,2000, Section 12, Ordinance 1656, Sections 1, 2, and 3, Ordinance 1714, November 26,2002, Section 2, Ordinance 1778, April 27, 2004, Section 2, and by Ordinance 1840, April 4, 2006, Section 11.) (6) Student Home. Student Homes are permitted in all'zoning districts that allow residential uses pursuant to district regulations applicable for 1- and 2-family home use. However, in the R-l, R-2, andR-3 zoning districts, student homes are permitted only when all of the following standards are met: ' (a) Occupancy in a I-family or 2-family dwelling used as a student home shall not exceed three unrelated persons, as prescribed in Section 501.1.3. (b) No student home shall be located on a lot any portion of which is closer to another lot used for a student home than a distance determined by multiplying 3 times the minimum lot width required for a I-family dwelling in the district in which the student home is located. (c) No more than 1 dwelling unit in a 2-family dwelling may be used as a student home. (d) No more than 1 building on a lot may be used as a student home. ( e) A student home shall have a minimum of 1,500 square feet of floor area per dwelling unit, exclusive of floor areas contained in basements, garages or accessory buildings. (f) A minimum of2 parking spaces shall be provided per dwelling unit in driveways or off-street parking areas. (g) No student home shall be occupied or used as such until a zoning permit and rental housing permit have been issued. Plans showing the lot=s layout, parking area, landscaping and floor area are required. (Ordinance 1529, May 5, 1997, Section 7.) XIX-D-R 1. 5 C01~llra~'(J@de Publishing Company i!~Revised Code - Chapter 4-23 Page 1 of2 Chapter 4-23: Neighborhood Parking Zone Permits46 4-23-1 Legislative Intent. JQ.0 The purpose of this chapter is to set the standards for issuance and administration of neighborhood parking zone permits. 4-23-2 Permit Issuance. JQ.0 (a) Upon designation of a neighborhood permit parking zone pursuant to~~tion ~...:-.2-15, "Neighborhood Permit Parking Zones," B.R.G. 1981, the city manager shall issue parking permits for yehicles owned by or in the custody of and regularly used by residents of such zbne, by persons employed by a business located within such zone, and, if provided in the zone, by individual nonresidents upon receipt of a completed application therefor and payment of the fees prescribed in ~S'..Q1j.9n 4-f.Q.-4!:!, "Neighborhood Parking Permit Fee," B.R.G. 1981. The city manager may issue nonresident commuter permits up to December 31, 2007, after which date this permit will no longer be available within neighborhood permit parking zones, unless re-authorized by the city council before that time. (b) A vehicle displaying a valid permit issued pursuant to this seQtion may be parked in the zone specified in the permit without regard to the time limits prescribed for the zone. (c) No more than two resident permits shall be in effect at anytime for any person. No person shall be deemed a resident of more than one zone, and no more than one permit may be issued for anyone vehicle even if persons residing in different zones share ownership or use. (d) Resident permits issued under this section shall be specific for a single vehicle, shall not be transferred, and shall be displayed thereon only as the manager by regulation may prescribe. The permittee shall remove the permit from the vehicle if the vehicle is sold, leased, or no longer in the custody of the permittee. (e) "Business," for the purpose of this chapter, includes nonresidential institutions, but does not include home occupations. Three business employee permits may bein effect at any time for any business without regard to number of employees or off-street parking. In the alternative, upon application by the manager of the business, the city manager may issue employee permits to a business according to the following formula: half of the number of full- time equivalent employees minus the number of off-street parking spaces under the control of the business at that location equals the maximum number of employee permits for the business. Full-time equivalent employees of the business are calculated based upon one such employee for every full forty hours worked at that location by employees of the business within the periods of time in a week during which the neighborhood permit parking restrictions are in effect. On its application, the employer shall designate the employee vehicles, not to exceed the number allowed, for which each permit is valid. A business permit is valid only for the vehicles listed thereon, and shall be displayed on the vehicle for which the permit is being used only as the manager by regulation may prescribe. (f) The manager shall by regulation declare when the permit year shall begin for each neighborhood parking permit zone. Permits issued based on new applications submitted during the last month of a permit year shall also be valid for the succeeding permit year. Otherwise there shall be no proration of the fee. (g) In considering applications for resident permits, the manager may require proof that the applicant has a legal right to possession of the premises claimed as a residence. If the manager has probable cause to believe that the occupancy limitations of subsection 9-~-5(a), B.R.G. 1981, are being violated, no further permits shall be issued under this section for the residence in question until the occupancy thereof is brought into compliance. http://colocode.com/boulder2/chapter4-23.htm 10/24/2007 Colorado Code Publishing Company - Boulder Revised Code - Chapter 4-23 Page 2 of2 (h) If the permit or the portion of the vehicle to which a resident permit has been affixed is damaged such that it must be replaced, the permittee, upon application therefor, shall be issued a replacement at a prorated cost. The manager may require display of the damaged permit before a new permit is issued. (i) No person shall use or display any permit issued under this section in violation of any provision of this code. ' m The maximum number of nonresident permits issued on any given block face within a zone shall be four. In addition, if the manager determines that the average daily percentage of unoccupied neighborhood parking spaces, on block faces where commuter permits have been allocated, drops below twenty-five percent for four consecutive hours between the hours of 9:00 a.m. and 5:00 p.m. of any given weekday, then the manager shall reduce the number of commuter permits by a number estimated to maintain an average daily percentage of unoccupied neighborhood parking spaces of twenty-five percent. But for any part of Goss Street or Circle, Grove Street or Circle, or the portions of 16th Street through 23rd Street between Arapahoe Avenue,and Canyon Boulevard, inqluded within any neighborhood parking permit zone, the'average daily percentage of unoccupied neighborhood parking spaces which must be maintained without reduction in commuter permits shall be fifteen percent. The manager may also, for this Goss-Grove zone, allocate commuter permits initially to educational institutions and organizations representing postal workers in rough proportion to the needs of these groups. Such groups may renew such permits. Distribution of such permits by such groups to their clientele shall be at a price not to exceed the cost of the permit. Ordinance Nbs. 5271 (1990); 7004 (1999); 7243 (2002); 7247 (2002) 4-23-3 Guest PermitS. .tQJ2j Residents issued a permit pursuant to this chapter may obtain two two-week permits per year for use by houseguests of the permittee. The permit shall be indelibly marked in the space provided thereon with the date of its first use. The permit shall thereafter be valid only for the succeeding thirteen consecutive days. The manager may by regulation define the circumstances under which additional guest permits may be issued in cases of reasonable need consistent with residential use of the dwelling. 4-23-4 Temporary Permits. .tQJ2j Upon application to the manager, any person licensed or registered as a contractor in the city may obtain at no cost a reasonable number of temporary permits for the vehicles of the contractor and the contractor's employees for the period of time that the contractor is engaged in work within a neighborhood permit parking zone for which a permit has been issued under the provisions of!ltl~L1Q, "Structures," B.R.C. 1981. 4-23-5 Revocation. .tQJ2j The manager, after notice and a hearing as set forth in s~ctiQnA:-.l~lQ, "Revocation of Licenses," B.R.C. 1981, may revoke any permit issued pursuant to this chapter for any of the grounds set forth therein or on the ground that it has been misused. Revocation shall bar the permittee from holding any permit under this chapter for a period of one year thereafter. 42 Adopted by Ordinance No. 4966. Amended by Ordinance No. 5869. http://colocode.comlboulder2/chapter4-23.htm 10/24/2007 Colorado Code Publishing Company - Boulder Revised Code - Chapter 2-2 Page 1 of2 2-2-15 Neighborhood Permit Parking Zones. .1Q.J2.j (a) Restricting parking on streets in certain areas zoned for residential uses primarily to persons residing within such areas will reduce hazardous traffic conditions, promote traffic safety, and preserve the safety of children and other pedestrians in those areas; protect those areas from polluted air, excessive noise, trash, and refuse; protect residents of those areas from unreasonable burdens in gaining access to their residences; preserve the character of those areas as residential; promote efficiency in the maintenance of those streets in a clean and safe condition; preserve the value of the prope,rty in those areas; and protect the peace, good order, comfort, convenience, and welfare of the inhabitants of the city. The city council also finds that, in some cases, residential ~treets serve an important parking function for nonresidents in the public and commercial life of the city. Some accommodation for parking by others may be appropriate in these cases. (b) Upon receipt of a request by twenty-five adult residents of aneighborhood proposing a neighborhood permit parking zone, the city manager will conduct studies to determine if a neighborhood permit parking permit zone should be established in that neighborhood, and what its boundaries should be: The manager may, if the manager concludes it is in the public interest to do so, initiate this process without any request. The manager may consider, without limitation, the extent to which parking spaces are occupied during working or other hours, the extent to which parked vehicles are registered to persons not apparently residing within the neighborhood, the impact that businesses and facilities located within or without the neighborhood have upon neighborhood parking within the neighborhood, such other factors as the manager deems relevant to determine whether parking by nonresidents of the neighborhood substantially impacts the ability of residents of the proposed parking permit zone to park their vehicles on the streets of the proposed zone with reasonable convenience, and the extent to which a neighborhood permit parking zone would significantly reduce this impact. The manager shall also determine the need for reasonable public access to parking in the area, and the manner and extent that it should be provided, along with the hours and days on which parking restrictions should apply. No such parking restrictions shall apply on Sundays or holidays. (c) If the manager determines that establishing a neighborhood permit parking zone is in the public interest, or that altering a residential parking zone in existence on January 1, 1997, or created thereafter, is in the public interest, the manager shall prepare a proposal for the zone, specifying the boundaries, the hours and days on which parking restrictions will apply, and the provisions, if any, for nonresident permit parking. The manager may hold such public meetings as deemed advisable to assist the manager in formulating such proposal. The manager shall present this proposal for the zone to the Transportation Advisory Board. The board, after including in its normal public notice these features of the manager's plan, shall hold a public hearing on the manager's proposal, and shall recommend to the manager that the zone be established, that it be established with certain modifications which are within the manager's authority under this code and any adopted regulations, or that it not be established. The manager shall, within thirty days of the board's recommendation, provide the city council with the manager's proposal to the board, the board's recommendation and related comments, the manager's final plan, and the reason for any difference between the recommendation and the final plan. If the city council does not call up the manager's final plan within thirty days, the manager may establish the zone. If the city council calls up the manager's final plan, it shall hold a public hearing on the plan and, by motion, direct the manager not to establish the zone, or to establish the zone with any modifications which are within the manager's authority, or to establish the zone in accordance with the manager's final plan. The manager shall establish the zone approved by regulation, but if the zone is established after a city council call-up, the manager shall not call for public comment in the notice of proposed regulation. . (d) Upon establishment of a zone, the manager shall, subject to the availability .of funds appropriated for the purpose, install the necessary traffic control devices within the zone and issue neighborhood parking zone permits pursuant to c;:Nmlf;lL.:I:.2~, "Neighborhood Parking Zone Permits," B.R.C. 1981. (e) The manager may by regulation prescribe additional standards, not inconsistent with those http://colocode.com/boulder2/chapter2- 2 .htm 10/24/2007 DIVISION 3. S STUDENT OVERLAY DISTRICT Page 1 of2 I, / ~ 1 ~r. .I /t!tc 11. -k;c/;6G-(;0/7 is DIVISION 3. S STUDENT OVERLAY DISTRICT Sec. 122...546. Description and purpose. The intent of the S student overlay district is to provide areas in the vicinity of the Eastern Michigan University campus which are conducive to student living, recognizing that the needs and lifestyle of students vary from those of families and other household types. It is further recognized that a higher density of development in student areas is appropriate given the large number of students who wish to live in close proximity to the university campus and the necessity of students to walk or otherwise use nonautomotive . transportation thereby reducing the overall number of off-street parking that is needed. To allow greater flexibility. within the S district, "relaxed requirements" are permitted for some land uses. However, strict adherence to these "relaxed requirements" is strongly recommended. (Ord. No. 626A, 35.108,7-15-1994) Sec. 122-547. General standards. Within the S student overlay district, the following standards shall apply: (1) The provisions of this division shall apply in addition to, and where applicable, take precedence over the provisions and restrictions of the underlying zoning districts shown on the official zoning map, as amended, sufficient to fulfill the purpose and intent of this division. (2) Uses permitted to be made of property in the S student overlay district shall be those uses permitted by the property's underlying zoning district classification as shown on the official zoning map, as amended. (3) Except as otherwise specified in this division, all dimensional requirements, such as lot area and width, yard setbacks, parking areas, minimum floor area, and other provisions required by the underlying zoning district classification as shown on the official zoning map, as amended, shall apply. . . (Ord. No. 626A, 35.109,7-15-1994) Sec. 122-548. Special conditions and standards. Within the S student overlay district, fraternities and sororities shall be permitted after special approval . subject to all of the provisions of section 122-787, except that the following relaxed requirements shall apply: (1) Within the S student overlay district, fraternities and sororities may be located within an underlying R3, R4, 82, or 83 district. (2) The lot area may have a minimum of 5,750 square feet. (3) The requirement that 15 percent of the total square feet of the side and rear yards be retained in open landscaped areas shall not be required. (4) Notwithstanding the provisions for senior citizen housing parking under the residential category of section 122-836, a minimum of one off-street parking space for each two occupants, plus one off-street parking space for each employee, shall be required. (5) No property line may be located within 200 feet of an R2 district. (Ord. No. 626A, 35.110, 7-15~1994) http://library4.municode.com/mcc/Doc View/13981/1/313/340/343 10/24/2007 DIVISION 3. S STUDENT OVERLAY DISTRICT Page 2 of2 Sec. 122-549. Development standards. (a) Site plan review. Site plan review and approval are required for uses in the S student overlay district in accordance with article IV of this chapter. (b) General standards. Buildings and uses in the S district, as in all other zoning districts, shall be subject to all applicable standards and requirements set forth in this chapter, including nonconformities, general provisions, off-street parking requirements, signs and flood damage prevention. (Ord. No. 626A, S 5.111,7-15-1994) http://Iibrary4.municode.com/mcc/Doc View/13981/1 /313/340/343 10/24/2007 BILL NO. 99-10 1st Reading 4/26/99 2nd Reading 5/24/99 BILL NO. 03-35 AMENDED 1st Reading 11/10/03 2nd Reading 12/08/03 ORDINANCE NO. 99-14 An Ordinance Amending Chapter 32, Zoning, Code of the City of Newark, Delaware, By Establishing a Definition of a Student Home and Regulations for the Same THE COUNCIL OF THE CITY OF NEWARK HEREBY ORDAINS: That Chapter 32, Zoning, Code of the City of Newark, Delaware, be. hereby amended in the following respects: MOTION for Acceptance as First Reading on April 26, 1999, by Council Member Clifton. Second Reading and Final Passage on May 24, 1999. VOTE: 6 to 1. Mayor Attest: City Secretary Approved as to Legality & Form: City Solicitor City Council Minutes - Regular City Council Meeting on 12/09/2002 Page 4 of 10 Proposed Zoning Text Amendments - RG-IConversion - Single Family Residence (fabled by Council on October 14.2002) During their meeting of October 14, 2002, members of Council considered proposed zoning text amendments to the RG-l District Regulations. After the public hearing, members tabled action until a date certain of December 9, 2002, for the first reading and January 13, 2003 for the public hearing/final reading. It was suggested that the different interest groups should meet with City staff to assist in "fine tuning" the proposed ordinance amendments. During the committee meeting, Ms. Melson, Interim City Planner, reviewed the recommendations of the Advisory Committee for the RG-l District and provided a table depicting the original text amendments, the Advisory Committee's recommendation and discussion, and the recommended text amendments. Members were also provided with other information and correspondence provided by interested individuals. After much discussion, members agreed to review and consider each amendment separately for formulating a recommendation to City Council, as follows: Amendment # 1 Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2 (General Residence Zones RG-l and RG-2). The committee recommended approval of the following text amendment: by deleting subsection 2.12 in its entirety. Amendment #2 Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2 (General Residence Zones RG-l and RG-2). The committee recommended approval of the following text amendment: by creating a new subsection 2.12 to read as follows: 2.12 Garden Apartments limited to placement within the RG-2 District only. Amendment #3 Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2 (General Residence Zones RG-l and RG-2). The committee recommended approval of the following text amendment: by deleting subsection 2.14 in its entirety. Amendment #4 Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2.4 (General Residence Zones RG-l and RG-2) by establishing new subsections (b) and (c). The committee recommended approval of the following text amendments: (b)Student homes subject to the following siting and bulk criteria: i) No student home shall be located closer than 500 feet from any other student http:// com/government! citycouncillcouncilminutes/273/ 10/24/2007 City Council Minutes - Regular City Council Meeting on 12/09/2002 Page 5 of 10 home. ii)The maximum allowable occupancy shall be four (4) persons or the occupancy limit as determined by the building and fire codes adopted by the City of Dover, whichever is less. iii)Two (2) off-street parking spaces shall be provided per dwelling unit. iv)A student home shall not be permitted to be established within any semi- detached dwelling, duplex dwelling, group dwelling, or townhouse dwelling unit. v)Buildings constructed as multiple dwellings shall not be subject to the student home criteria. vUStudent homes shall be licensed under Chapter 10 Housing Code, Article V, Rental Dwellings of the Code ~fOrdinances. vii)Student homes shall be subject to the provisions of Chapter 10 Housing Code, Article IIL Leases of the Code of Ordinances. viii)This ordinance establishing student homes by definition and as a conditional use shall become effective upon passage of the ordinance (January 13,2003). (c)Multiple dwellings including conversions of single family dwellings tomulti-family residential dwellings. Amendment #5 Amend Dover Code of Ordinances, Appendix B, Article 12 (Definitions). The committee recommended approval of the following text amendment to Article 12: By inserting the following term definition in the correct alphabetical location: Student Home: The term "student home" shall mean "a building, structure, dwelling or other form of construction that provides domicile and living arrangement for three (3) or more students, unrelated by blood, marriage, or legal adoption, that are matriculated students at a college or university, or that are in the process of attending a college or university, or who are on a semester or summer break from studies at a college or university, or any combination of such persons". The term "student home" shall not be construed to include or be synonymous with the terms "fraternity house, sorority house, dormitOlY, community residential treatment center, homeless shelter, or halfway house." A "student home" is subject to the provisions of Appendix B Zoning Ordinance Article 3 Section 2.4(b). Amendment #6 Amend Dover Code of Ordinances, Appendix B, Article 7, (Non-conforming Buildings and Uses). The committee recommended approval of the following text amendment: by establishing a new Section 1.6 to read as follows: http://www.cityofdover.com/government! citycouncill councilminutes/2 731 10/24/2007 ADMINISTRATION AND COUNCIL ORDINANCE NO. 13607 FILE OF CITY COUNCIL BILL NO. 74 -1997 INTRODUCED BY ERNEST E. TOTH, TERRENCE P. SPINOSA, MARTIN VELAZQUEZ, III AND DAVID M. HOWELLS, SR. OCTOBER 1,1997 AN ORDINANCE Providing for the creation of an overlay district to be known as the Student Residence Overlay District The legislation is the same as the .previous legislation with the exception that it incorporates the amended version of the.. district. as suggested. by the. Planning Commission and it becrimes. effective in 1 '0 days; The . legislation creates . an overlay district that would add another Jayerof regulation on the district controlling student residEmces. Student residences (defined as threeorfour students) shall only be permitted in detached residential structures of two OJ more dwelling units. . ',. ,..:,.;..,.,',.,...'.:...... ','C,", '.'_',:.;,,',';', ,",.,', ,:,- _,': ',-,:,_,'"_',,.:' ,_,_', -", ..:....:._..:...,.,:,_:::,.-:,..:..::.'.'.',"::..,'.';:',- ':0':':',:',:"":' 'C-', :,."...,.-..':..--:..,;":....,...::........... ..:",-'.-,','::',.>,'" -..:- ~-:\'_'-'::;~(-:",i<::- " -,..:...'--':....,',..--.-,.,:......-.-',..,..:.-..:.,.,',-' :;;'.:,;:'_:~-:i~'>.,::,':>,':::;')-;::;<';t' -:':-,-'" ,.....>".;....;.'_.. _,_ ,-C'-..-,. - - ,..,...,;',":~'-i_,-':.::':-'-:'::,.::,::..:;,:.':::>::::::',.:./\ Zone. BE IT ORDAINED BY THE COUNCIL OF THE CITY Article 1322 STUDENT RESIDENCE OVERLAY DISTRICT ZONE (R-SO) 1322.01 Purpose The Student Residence Overlav District is intended to protect the sinale familv owner occupied residential character of the immediate neiahborhood surroundina an institution of hiaher learninq, while permittina the residence of students "off-campus" proximate to the institution. It is the intent of the district to protect the character of the area. and diminish those influences which infrinae on the auieteniovment of sinale familv owner occupied residences such as noise, litter. overcrowdina, additional parkina needs, and lack of maintenance of the structures and their arounds. 1322.02 Applicability The reQulations of this Article shall applv to the area shown on Exhibit A and .described in Exhibit B and are in addition tOithose of the undetlvina districts represented on the Zonina Map of the City of Allentown. The reaulations of the underlvinQ zonina districts are unaffected. except for the application of the student residence reaulations. 1322.03 Regulation of Student Residence 1. Student residences shall onlv be permitted in detached residential structures of two ormore dwellina uni~s. New student residences shall not be located in structures of two (2) or more dwellina units which were created throuqh the conversion of a sinqle familv dwellinCl orthe merqer of adioinina properties that has occurred since the adoption of this ordinance. 2. The owner of a structure in which a student residence is in existence at the . adoption of this ordinance, shall: (a) reaister as a nonconformina use within .120 days of adoption of this ordinance and may continue subiect to Article 1359 entitled Nonconformina Uses, and (b) renew the reQistration annually. In support oftheapplication thepropertv owner shall produce documentation in support of the student residence livinQ arranaement. SECTION TWO: In Section 1303.01 concerning Definitions, a new definition is added as follows: Student Residence: A student residence shall mean a Iivina arranQement consistina of three or four full or part time students IivinQ in a dwellinQ unit. one or more of whom are unrelated by blood; marriaae or adoption. attendina either underQraduate colleaes or universities. or attendina Qraduate prOQrams at colleaes or universities, or who are on a semester or summer break from studies at colleaes or universities or any combination of such persons. The residents of a student residence shall live in a dwellinQ unit as a sinale housekeepina unit. doinQ their cookina on the premises. A student residence shall not include dormitories. fraternities. or sororities. The student residence IivinQ arranaement shall onlv be reQulated within the Student Residence Overlav District. In all other districts where three or four unrelated students live tOQether, the definition of familv shall prevail. SECTION THREE: In Section 1303.01 concerning Definitions, the definition of Dormitory is amended to read: 25. Dormitory means a buildina or portion thereof which contains livinq quarters for five or more students, staff. or members of a colleQe, university, boardinQ school. theoloQical school. hospital. reliaious order or comparable oraanization. provided that such buildino is either owned or manaoed by such oroanization and contains not more than one cookino and eatino area. SECTION FOUR: That the area shown on Exhibit "A" and described on Exhibit "B", be known as the Student Residence Overlay District Zone (R-SO) and shall be listed within Article 1309 entitled Schedule and Establishment of Zones, Section 1309.02 entitled List of Zones, and that the overlay district be added to the map entitled Zoning Map for the City of Allentown. SECTION FIVE: That Section 1309.02 be amended to read and to include the following zone: For the purpose of this Zoning Ordinance, the City is divided into the following seventeen (17) eiohteen (18) zones and one overlay district zone: Student Resident Overlay District Zone (R-SO) SECTION SIX: Severability - If any section, paragraph, subsection, clause or provisions of this article shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole, or any part thereof. SECTION SEVEN: This ordinance shall become effective 10 days after it is adopted by City Council and signed by the Mayor. SECTION EIGHT: That all Ordinances inconsistent with the above provisions are repealed to the extent of their inconsistency. I c:L:J I David K. Bausch o=J Frank J. Concannon X David M. Howells, Sr. X Ernest E. Toth X I Emma D. Tropiano o=J I Martin Velazquez, III GrJ I Terrence P. Spinosa 1===r=J I TOTAL CLJ I hereby certify that the foregoing Ordinance was passed by City Council and signed by His Honor the Mayor on the 16th day of October, 1997. DESCRIPTION OF THE STUDENT RESIDENCE OVERLAY DISTRICT ZONE Exhibit B Beginning at a point, said point being the intersection of the centerline of North 27th Street and the centerline of Parkway Boulevard; thence, along the centerline of North 27th Street northward to its intersectionwith the centerline of Tilghman Street; thence, continuing eastward along the centerline of Tilghman Street to its intersection with the centerline of North Lafayette Street; thence, continuing southward along the centerline of North Lafayette Street to its intersection with the centerline of Utica Street; thence, continuing eastward along the centerline of Utica Street to its intersection with the centerline of North Bayard Street; thence, continuing southward along the centerline of North Bayard Street to its intersection with the centerline of Page Street; thence, contihuing eastward along the centerline of Page Street to its intersection with the common property line of 1909-1911 Allen Street as extended, said property line geing located 100 feet west of and parallel to the western right-of-way line of North 19th street; thence, continuing southward along said property line dividing 1909-1911 Allen Street to its intersection with the centerline of Allen Street; thence; continuing westward along the centerline of Allen Street to its intersection with the centerline of North Lafayette Street; thence, continuing southward along the centerline of North Lafayette Street to its intersection with the centerline of Andrew Street; thence, continuing eastward along the centerline of Andrew Street to its intersection with the centerline of North Bayard Street; thence, continuing southward along the centerline of North Bayard Street to its intersection with the centerline of Early Street; thence, continuing westward along the centerline of Early Street to its intersection with the centerline of North Lafayette Street; thence, southward along the centerline of N. Lafayette Street to its intersection with the southern right of way line of Liberty Street, thence continuing along the centerline of N. Lafayette Street as extended southward through the lands now or formerly of Lehigh County Agricultural Society to its intersection with the centerline of Chew Street; thence continuing along the centerline of N. Lafayette Street southward to its intersection with the centerline of Emmitt Street; thence westward along the centerline of Emmitt Street to its intersection with the centerline of N. 20th Street; thence southward along the centerline of N. 20th Streetto its intersection with the centerline of Turner Street; thencewestward along Turner Street to its intersection with the centerline of N. 22nd Street; thence, northward along the centerline of North 22nd Street to its intersection with the centerline of Gordon Street; thence, continuing westward along the centerline of Gordon Street to its intersection with the centerline of North 23rd Street; thence, continuing northward along the centerline of North 23rd Street to its intersection with the centerline of Liberty Street; thence, continuing westward along the centerline of Liberty Street to its intersection with the centerline of North 26th Street; thence, continuing southward along the centerline of North 26th Street to its intersection with the southern right-of-way line of Chew Street; thence, continuing southward along the centerline of vacated North 26th Street to its intersection with the centerline of Parkway Boulevard; thence, continuing westward along the centerline of Parkway Boulevard to the centerline of North 27th Street, the place of beginning.