HomeMy WebLinkAbout[08c] Ordinance 52.21 Transportation Corridor OverlayCITY OF SST. JOSEPH
Council Agenda Item 8 C
MEETING DATE: April 7, 2011
AGENDA ITEM: Planning Matters — 52.21 Transportation Corridor Overlay
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission has
discussed many times the proposed corridor overlay district and in February 2011 they tabled the
matter.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The Planning Commission had considerable discussion on the
Ordinance and decided to table any action on the Ordinance. As they are a recommending body, this
matter is then forwarded to the City Council
In an effort to illustrate the different variations that were discussed the Ordinance has been marked
indicating the dates of the additions or deletions.
If the Council elects to adopt any portion of the amendment a summary publication will be brought back
to the council for adoption under the consent agenda.
BUDGET /FISCAL IMPACT:
ATTACHMENTS: Request for Council Action ............................... 8(c):1 -2
Extract of PC Minutes .......... ............................... 8(c):3 -6
Ordinance Amendment ...... ............................... 8(c):7 -12
Maps.................................... ............................... 8(c):13 -20
REQUESTED COUNCIL ACTION: Finalize Ordinance amendment accepting or rejecting the provisions
included in the Amendment.
8(c):1
THIS PAGE INTENTIONALLY LEFT BLANK
8(c):2
Extract of Planning Commission Minutes
June 7, 2010
Transportation Corridor Overlay: Weyrens stated that the proposed changes to the Transportation
Corridor Overlay District will be distributed at the next staff meeting. She suggested putting items back
into either the B2 or B3 ordinance as they relate and do away with the Corridor Overlay as it is too easy
to lose that Ordinance. This will be brought back for discussion at the July meeting.
Extract of Planning Commission Minutes
July 6, 2010
Ordinance Update — Transportation Corridor Overlay District: Weyrens reminded the Commissioners
that they recently talked about consolidating the Transportation Corridor Overlay District with the B2
and B3 Zoning Districts. She advised them; however, that some of the conditions did not make sense for
both ordinances. She suggested adding some clarification that these conditions would only apply to new
development areas and exclude those that are already built. If they change the entire Ordinance, then
all those existing developments would be required to meet the new provisions of the Ordinance.
Weyrens explained that she included a map showing the setbacks illustrating the corridor boundary.
Meyer stated his concern with the 100' right -of -way. He questioned where that came from and stated
that it is confusing. With the 100' setback from the road right -of -way and the 40' landscaped greenway,
there is an additional 60' of area that is paved surface where nothing can occur. He stated that he can
understand the suggestion of parking on the side of the building, but believes that this needs to be
looked at as there is too much extra space in the front of those' buildings. Weyrens stated that the
section along County Road 75 from 4th Avenue NE to Vt Avenue NE would be excluded from those
provisions. Rieke commented that the First State Bank building'does not comply with the 100' setback
and he feels that it looks fine. Meyer stated that the 100' is too restrictive. He agrees with the 40'
landscape greenway, but feels it would look better to see parking in the front of a building rather than in
the back. Weyrens suggested that they re- identify the overlay district and change the 100' setback to
40'. Weyrens also suggested removing Subd. 6(a). Wick added that he feels the 100' setback is not the
issue rather parking is the issue. According to Rieke, people are going to use their property in a way that
makes sense and there must be some give and take as we, the City, want them to generate tax
revenues. Meyer added that the Ordinance needs to be designed in a way so that the City does not need
to issue Special Use Permits to change the Ordinances. He stated that the City needs something that is
consistent and useable and he sees no reason that they come before the Planning Commission prior to
any construction. Wick suggested looking at the B2 and B3 Ordinances as well. Weyrens agreed and
stated that if they meet all of the Ordinance requirements, they should be able to get a building permit
without addressing the Commission.
Meyer also expressed his concern with the 1 -94 Corridor and the Sign Standards. He stated that he feels
it is ludicrous to require a setback of 500' from the nearest edge of the 1 -94 right -of -way. Weyrens
agreed that the sign standards need to be addressed as according to the B2 and B3 Ordinance, they are
allowed to have a sign up to 15' rather than the 8' according to the Transportation Corridor Overlay.
Weyrens explained that it is hard to merge the Transportation Corridor Overlay Ordinance with the B2
and B3 Ordinances. She questioned what types of things would make this Ordinance better and then
stated that perhaps the Transportation Corridor Overlay Ordinance should be removed and a new
8(c):3
zoning district should be added for these properties and be property specific. Deutz stated that the City
cannot keep chasing everyone out of downtown and we need to make St. Joseph more developable or
businesses will move out of town. Kalinowski suggested that staff re -do the Ordinance and bring it back
for review.
Extract of Planning Commission Minutes
August 2, 2010
Ordinance Amendments: Weyrens stated that staff compiled call of the ordinances that have been
reviewed over the past few months. She added that these amendments will need a public hearing.
• 52.21— Transportation Corridor Overlay District: Previously, there was discussion about
removing this ordinance; however, it is important to have this as an overlay ordinance.
Extract of Planning Commission Minutes
September 13, 2010,
i
Ordinance 52.21— Transportation Corridor Overlay: This amendment clarifies the Corridor more
specifically, provides for exemptions for already developed property, changes the setback requirement
and removed the fence provisions.
Deutz questioned how the Corridor is defined. He understood that the CSAH75 Corridor was changed
from 300' to 100' from the nearest edge of the CSAH75 right of way. Wick responded and stated that
Subd. 3(B) was added instead. According to Weyrens, Subd. 6(a) gives the Planning Commission some
discretion as whether or not to allow parking in the front. Deutt stated that he is still concerned about
the amendments to this Ordinance and would like further clarification.
Wick made a motion to table the amendment to Ordinance 5211. The motion was seconded by
Meyer and passed unanimously.
Extract of Planning Commission Minutes
November 1, 2010
Ordinance Amendment — 52.21 Transportation Corridor Overla�: Weyrens stated that the Planning
Commission previously reviewed this Ordinance and there were some questions on some past actions.
Wick questioned Deutz as to what the specific question was. De' tz responded that there are no specific
guidelines. He stated that 300' is too large of an area and there �eeds to be a cleaner line. Weyrens
suggested that, along the south side of County Road 75, Ash Street be the identifier for the corridor.
Rieke suggested that the corridor contain a 100' ROW rather than 300'. Another possible suggestion was
to include language that if the property is severed, the corridor ends on the southern most end of the
property. Schultz questioned whether or not there are any problems with this Ordinance to which
Weyrens stated there are not. Wick suggested that this be brought back with new maps showing the
corridor defined by street as the Commissioners have already seen maps showing the 100' and 300'
ROW.
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Deutz questioned if this Ordinance was amended deleting a section related to free standing buildings.
He stated that Coborns recently had a Greenhouse in their parking lot. Weyrens advised Deutz that that
issue would be addressed by the zoning district rather than the corridor overlay.
Wick made a motion to table the amendment to Ordinance 52.21 until the next meeting. The motion
was seconded by Deutz and passed unanimously.
Extract of Planning Commission Minutes
February 7, 2011
Corridor Overlay Ordinance Amendment: Previously, the Planning Commission has been working on an
amendment to the Corridor Overlay District and has been looking at different mapping alternatives for
properties that are severed with the district boundary. She stated that one of the biggest issues is those
properties that are bisected. Weyrens stated that the Commissioners were presented with two different
maps showing the district. One other option is to include language stating that, if a property is bisected
by the corridor, the requirements would only apply if less than a certain percentage is within the
boundary limits. According to Weyrens, that percentage would need to be determined. She stated that
the original intent was to leave the boundary at 300 feet; which would bisect some properties.
According to Weyrens, the properties between 2nd Avenue SW and 3rd Avenue SE, along CR75, are
exempt from meeting the stringent requirements.
It was stated that the Hwy 75 Overlay District is a high visibility corridor and thus, there needs to be
some restrictions imposed on the properties. Based on the proposed Ordinance Amendments, Weyrens
stated that the Setback [Subd 51 has been reduced from 100' to 40' from the right of way. She added
that there were some changes made to the Ordinance relating to Sign Standards [Subd 7] and defining
the corridor as well.
Kalinowski clarified that Subd. 2(a)(3)(A) should read "South" of the Wobegon Trail rather than North.
Weyrens agreed.
Rieke spoke and stated that he appreciates having the maps available as he felt like the numbers were
too large and the maps help illustrate those numbers. He added that he feels like the 300' is too big.
Weyrens advised the Commissioners that the 100' setback was reduced to 40'. Deutz stated that he
agreed with Rieke, that this is too big of an area. He stated that he is not sure whether a Corridor
Overlay District is needed. He believes that it is too restrictive. Kalinowski questioned whether Deutz
was proposing to do away with the Overlay. Deutz responded that he would like to find a way to
develop this area in a way that is more development friendly and do away with the ordinance. He added
that this area has not seen too much development over the past few years, other than the Bank, Credit
Union and Coborns. With all of the restrictions, development is being pushed outside of the area. Deutz
stated that the City needs to find a way to promote development in this area and feels that more
ordinances and guidelines will not help.
Rieke stated that, previously, the EDA has set some priority areas. In a perfect scenario, he stated that
the EDA would be able to do some property acquisition or find ways to build larger sets of property. He
questioned how far the City is willing to go. He added that Commercial Development is a viable need of
a City. From a development standpoint, looking at CR75 alone, he questioned whether the City needs to
be more aggressive. Rieke then questioned the role of the Planning Commission in this as well as its
8(c):5
Partnership with the EDA. Schultz agreed with Deutz and stated that he doesn't want to impose any
more restrictions than we already have. He also agrees that the Planning Commission, EDA and City
Council need to meet to discuss some long range planning. He feels that this discussion is long overdue.
According to Schultz, these types of restrictions may work in an area where there is a lot of open space;
however, it does not work for properties as they exist today.
Kalinowski questioned where this Ordinance came from. Did it come from the EDA when doing the
Comprehensive Plan? Weyrens replied yes. She added that this Ordinance has been in effect for a
number of years and at this time the discussion is an amendment to the Ordinance. Weyrens stated
that the intent of the Ordinance is to provide for additional aesthetics and maintain safe transportation
corridors. She added that the Planning Commission previously considered adding the provisions to the
B2 Highway Business Ordinance but it became too cumbersome.
According to Deutz, there are some properties that are open for development. He stated that he would
like to see a map showing those properties. Dubel suggested looking at those properties that are ready
for development to see what is our there prior to terrorizing the existing properties. Weyrens stated
that if the Commissioners are not in favor of the Ordinance, they should repeal the Ordinance. Deutz
added that there are some properties that are already developed and will not be re- developed. It was
suggested that the EDA look at what properties they would like to see developed. Rieke agreed and
stated that all of the City's board /committee members are one, managed by a different board and he
agrees that there needs to be a collaborative discussion amongst the various boards. According to
Weyrens, the EDA has some project funds available, but she is unsure what they have been identified
for.
Deutz questioned the realignment of CSAH2 and whether or not that area would be included in the
overlay district or require a different type of zoning. Weyrens stated that the realignment will apply to
this and that will be included in Subd. 2(a)(3). The future land uses for this area consist of B2 and
Industrial.
Kalinowski questioned the Commissioners where they would like to go with this. Rieke replied that he is
in favor of moving ahead with conversation and reviewing this document again after a collaborative
discussion between the various boards. Deutz agreed. He added that he would like to see a list of those
properties that are ready for development. He also stated that the area is too big and feels that some of
the properties will not be developed or redeveloped. Schultz questioned whether or not the EDA has
such a document. Weyrens stated she would look into that. Rieke stated that there should be a map
available showing the "Hot Spots" such as the area SE of the intersection of CR2 and CR75. Schultz
stated that the most recent map he has seen has been of the rental property transition.
Weyrens advised the Commissioners that they had three options:
1. Repeal the Ordinance in its entirety.
2. Accept the changes as presented.
3. Keep the Ordinance in its current form.
Schultz made a motion to table action on the Corridor Overlay Ordinance Amendment until further
discussion. The motion was seconded by Deutz and passed unanimously.
8(c):6
Section 52.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1: Intent.
a) This district is intended to protect and promote the health, safety and general
welfare of the public; to enhance the visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furthermore intended to maintain the long -term function of arterial
and collector roadways; to limit access and the number of conflict points; to
promote vehicular circulation; and to promote prevention or reduction of traffic
congestion and danger in the public streets.
Subd.2: Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
CSAH 75 Corridor:
A. West as of ls` Avenue A: areas Comment [sl]: Presou,(i kug u2 20!0
within 300 feet from the nearest edge of the CSAH 75 right of Comment [s2]: Presented Jul 6 2010
way.
B. CSAH 75 �Vesf of 20th Avenue ast West bf 4d' Avenue NN: areas.--, { Comment [s3]: rresented Aug 02 2010
- ----- - - - - --
within 300 feet from the nearest edge of the CSAH 75 right of Comment [s4]: Presented Jul 6 2010
way.
20th Avenue Corridor:
A. South of CSAH 75: areas within 300 feet from the nearest edge of
the 20th Avenue right of way.
B. North of CSAH 75: areas within 300 feet from the nearest edge of
the 20th Avenue right of way.
CSAH 2 /CSAH 3 Corridor:
A. of CQ7 South of CR75 and West of a Avenue N* Comment [s5]: rreseoted .m16 2010
areas within 300 feet from the nearest edge of the FUTURE CSAH i Comment [se]:
2 right of way &��t 5outh�of the Wobegon Trail.
= Comment [s7]:
8(c):7
B. North of CSAH 75: areas within 300 feet from the nearest edge of
the CSAH 2 /CSAH 3 right of way � North of th e Wobegon Trail. comment [sal: Presented Jul 6 2010
4. 1 -94 Corridor:
A. 500 feet from the nearest edge of the 1 -94 right of way.
Subd. 3: Exemptions
A. (Single and two - family residential uses shall not be subject to the
standards of the transportation corridor overlay district. However,
at such time that a single or two - family residential use is to be
converted to another use it will be subject to the standards of the
transportation corridor overlay district.
B. Structures existing prior to adoption of the Ordinance. I comment [0]: Presented Jul 62010
Subd. 4: Uses Allowed. Permitted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses those allowed in the
applicable underlying zoning district(s).
Subd. 5: Setbacks, site coverage, building height, building requirements contained within
the applicable underlying zoning district shall apply. In addition the following standards shall be
observed. All buildings shall maintain a minimum setback of �ane l ed (-1.80) fort 40 eet _ _ - -- comment [sio]: Pry semen n g 02 20 10
from the road right -of -way limit. Corner lots shall maintain two front setbacks.
Subd. 6: Parking Standards. The following standards shall be in addition to those
required within Section 84 of this ordinance relating to off - street parking and loading. Where
standards conflict the most restrictive standard shall apply.
a) Parking areas shall be designed and located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed in
the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a Ofty (50) fort 40 oot setback from
- - r - - - - - --
the nearest external boundary of the applicable transportation corrido ri- ght -of- - -
-
way limit.
b) Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the parking
lots shall be provided wherever possible. For development applications adjacent
to vacant properties, the site shall be designed and constructed to provide for a
future connection.
- Comma* (61M. Tasted Sep 132610
8(c):8
C) Parking lot landscaping. All development sites shall landscape an area equivalent
to fifteen (15) percent of the total area of the required parking lot. Said required
landscaping shall be employed within the subject parking lot and adjacent to
walkways within and leading to /from the subject parking lot.
Subd. 7: Sign Standards. The following standards shall be in addition to those required
within Section 52.11 of this ordinance relating to signs. Where standards conflict the most
restrictive standard shall apply.
a) Free - standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the transportation corridor right -of -way.
b) Free - standing signs within the required landscaped greenway shall be designed in
a manner complementary to the landscaped greenway.
C) Free - standing identification signs shall have a low- profile design not more than
�ight (8) fifteen 15 eet in height and shall be designed to complement and comment (s12]: Presented Aug oz 20 10
reflect the architecture of the building.
Subd. 8: Site Design Standards.
a) Viewsheds.
Viewsheds shall be defined as the area between two separate locations
wherein an uninterrupted view of each point is maintained. The viewshed
in the transportation corridor overlay district shall at a minimum
correspond to a forty (40) foot landscaped greenway as measured from the
nearest edge of the applicable right of way.
Viewsheds shall be considered in all development proposal applications
within the transportation corridor overlay district.
Development shall be designed to minimize the visual intrusion of all
buildings, structures, and landscaping in the viewshed.
b) Outside storage /display of goods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the corridor roadway by the employment of a vegetative buffer. This
standard is in addition to those required within the underlying zoning
classification and Section 52. 10, Subd. 10 of this ordinance relating to outdoor
storage. Where standards conflict the most restrictive standard shall apply.
C) Utilities. Utility lines, including electric, cable and telephone, to serve the
development project shall be installed underground. All junction and access boxes
shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the
site plan and integrated with the architectural elements of the site. In redeveloping
8(c):9
areas within the transportation corridor overlay placement of utility lines
underground is highly encouraged.
Fences.
1. This standard is in addition to those in Section of this ordinance relating to
fencing Where standards conflict the most restrictive standard shall Mlly.
2. Fences exceeding four (4) feet in height shall be located in the side and
rear yards only.
3. Chain link fences, including those with slats are prohibited when visible
from the public right-of-way.
4. No fence shall be permitted in the front yard, except that those provided to
enhance the visual appearance of the site/landscapingplan may be allowed
provided they do not exceed two feet in height and are of a reasonable
linear length.
F�
4AVA the publieview and designed to be pereeived as an integral «.,.t of tl.o
"; - -- --------------------------------- -
Street tree landscaping. In all instances where commercial and/or multi - family
residential districts are adjacent to any public street, street tree /landscaping will be
required as approved by the City.
Subd. 9: Building Layout/Design.
Integrated development. All buildings within the property shall be developed as a
cohesive entity, ensuring that building placement, architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear) that
are visible from the public right -of -way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clusterins. Buildings shall be clustered together to preserve natural and landscape
open areas along the transportation corridor. Buildings shall be arranged in a
manner that creates well - defined open space that is viewable from the traveled
portion of the corridor.
C) Architectural Appearance /Scale.
New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
Comment [s13]: Presented Sep 13 2010
Comment [s14]: Presented Aug 02 2010 -
proposed to have this section deleted and added
to the fence ordinance.
Comment [s15]: Presented Aug 02 2010
8(c):10
facade orientation. Large flat expanses of featureless exterior wall shall be
avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25 -30 feet to break down the scale of the building
into smaller components.
2. Orientation. Building facades and entrances should be oriented in a
manner toward the primary means of vehicular access.
3. Scale andpronortion. New construction should relate to the dominant
proportions of buildings and streetscape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right -of -way.
5. Any facade with a blank wall shall be screened with vegetative treatments
and/or the installation faux architectural treatments (e.g. fenestrations) so
as to break up the mass and bulk of the facade in a manner fitting the
intent of this section.
d) Materials. Building materials shall be typical of those prevalent in commercial
areas, including, but not limited to, stucco, brick, architectural block, decorative
masonry, non - reflective glass and similar materials. Architectural metal may be
used for a portion of facades facing public rights of way but shall not be the
dominant material employed with windows and doors being excluded from this
calculation.
e) Color. The permanent color of building materials (to be left unpainted) shall
resemble earthen tones prevalent in nature. Showy and striking colors shall be
avoided.
f) Li tin :
All outdoor lighting fixtures shall be down - directed, with light trespass not
to exceed 10.34 Moot- candles at the property line. comment [s161: presented Aug 02 2010
2. All island canopy ceiling fixtures shall be recessed.
Whenever possible commercial lighting should be reduced in
volume /intensity when said commercial facilities are not open for
business.
Subd. 10: Vegetative Screening/Buffers.
8(c):11
a) This standard is in addition to those in Section 52.12, Subd. 3 of this ordinance
relating to landscaping. Where standards conflict the most restrictive standard
shall apply.
b) Any required vegetative /planting screen shall be designed, planted and maintained
in accordance with a landscaping plan approved by the Zoning Administrator.
C) The �a ing lantin kcreen shall provide an effective buffer between the area to comment [s17]: Presented Sep 13 2010
m
- - - - - - - - - - - - ------ - ---------- - ----
------------
be screened and the adjoining roadway or comercial /industrial development.
d) The planting screen may be comprised of previously existing vegetation (provided
that the majority of such existing vegetation is trees), new plantings or any
combination of existing vegetation and new plantings. When complete, the
vegetation and plantings shall provide a dense year -round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
and/or shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on -site inspection by the City which, if
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
g) The property owner shall maintain vegetative /planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
h) Vezetative bufferine. In all instances where commercial and/or multi - family
residential districts are adjacent to single - family residential districts and in all
instances where commercial districts are adjacent to multi - family residential
districts, there shall be established within the commercial and/or multi - family
district, as applicable, a screened yard of vegetative buffering between the
districts. The arrangement and spacing of the vegetative buffer shall be provided
in such a manner as to effectively screen the activities of the subject lot. It shall
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line.
8(c):12
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