HomeMy WebLinkAbout[05a] Zoning Ordinance Amendments
[05a]
Council Agenda Item
MEETING DATE:
July 7, 2016
AGENDA ITEM:
Zoning and Subdivision Ordinance Amendments
SUBMITTED BY:
Administration/Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
The Planning Commission
recommends approval of the Amendments to the Zoning Ordinance and Subdivision Regulations.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
The Planning Commission held a public hearing on the proposed
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zoning and subdivision ordinance amendments on May 23, 2016 and reviewed again recommending
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approval during their meeting on June 13. During the public hearing, Jane DeAustin with the Central
MN Builder’s Association (CMBA) spoke on the importance of having flexibility in the ordinance and
appreciates the proposed amendments. No further public comments were received.
The following highlights proposed amendments within the zoning ordinance:
Rules and Definitions
Added and/or amended definitions for terms and uses that are addressed in other areas of the
ordinance, such as assisted living, church, comprehensive plan, conditional use permit,
conditional use, group day care home, day care group facility, home day care, fence, independent
living facility, medical and dental clinic, nursing home, patio home.
Removed definitions for special use and incompatible use.
Enforcement/Violations and Penalties
Added language under enforcement assigning the Community Development Director as the
Zoning Administrator. Relocated language related to civil action.
Variances and Appeals
Establishes the City Council as the Board of Adjustment who will make the final decision on
appeals and variances after a review and recommendation by the Planning Commission. This is
how it is currently done so the amended language would follow current practice.
Added language on process for an appeal.
Removed certain variance language and added new language to be clearer and concise with
process.
Conditional Uses, Interim Uses, Amendments and Rezonings
Removed reference to Special Use Permit and amended to Conditional Use to be consistent with
State Statute.
Amended language related to process to be clearer but for all practical purposes there are no
substantial changes.
Adding language on Conditions that may be required, such as limiting the height, size, or location
of buildings, designating operating hours and noise level.
Added language under Interim Use related to Conditions, Compliance and Revocation, which
would be consistent with a Conditional Use.
Added language requiring application for Interim Use Permit three weeks prior to the Planning
Commission meeting as a public hearing and allows adequate time for review.
Off-Street Parking
Added parking for several uses that were not addressed and amended others. Added a provision
for proof of parking allowing an applicant to install less than requirement provided they show and
reserve space if found needed. This would be reviewed and approved by the City Council.
Removed different size parking stalls and amended to 9 feet wide by 20 feet long and 9 feet wide
by 18 feet if there is an overhang provided. Aisle width would be reviewed by the Fire Chief
during the development/site plan review and would be based on what is required specific to that
use, height, etc.
Signs
Amended no sign shall project more than three feet from two feet.
Added R-5 under Multiple Family District standards.
General Performance Standards
Cleaned up language to remove redundancies and to be clearer and consistent.
Added language allowing a detached accessory structure to be 20 feet from the property line
versus 30 feet on a corner side yard.
Amended language requiring garages at least 10 feet from public alley right of way versus 5 feet.
Added standards for Carports.
Added fencing requirements for pools, spas and hot tubs.
Added minimum size for trees and shrubs.
Added specific number of trees and shrubs required for multiple family (apartments), industrial
and commercial, except B-1 Central Business District.
Trees: One tree for every 1,250 square feet of total building floor area or for every 100
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feet of site perimeter, whichever is greater. A minimum of 25% of the trees required will
be coniferous.
Understory Shrubs: One understory shrub for every 450 square feet of building or one
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shrub for every 75 feet of site perimeter, whichever is greater.
Added language for credit for existing trees.
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Added language requiring refuse in four sided enclosure constructed of brick, stone, decorative
concrete material or a material compatible with the principal building for industrial, commercial,
public/semi-public, and multiple family apartments.
Added language requiring double frontage lots adjacent to collector or arterials to be screened
with landscaping.
Added language require screening from automobile headlights when directed onto residential
windows. i.e. parking spaces.
Added requirement of landscape buffer between higher density muti-family (apartments) adjacent
to lower density residential (single family, two-family).
Added requirements for planting screens providing 80% screening at maturity and standards for a
screening fence.
Added berms may be used for screening provided landscaping is added and it does not exceed a
3:1 slope.
Added General Building and Performance Standards for residential dwellings.
Relocated Development/Site Plan Review from each zoning district into the General Performance
Standards so it is in one area.
Establishment of Districts
Added R-4 and R-5
Agriculture, R-1 Single Family, R-2 Two Family, R-3 Multiple Family, B-1 Central Business, B-2
Highway 75 Business, B-3 General Commercial, LI Light Industrial, and EE Educational – Ecclesiastical
Districts
Changed Special Uses to Conditional Uses
Removed Signage Section since addressed in Sign Ordinance
Removed wetland regulation since addressed in Wetland Ordinance.
Removed accessory structure section since addressed in General Performance Standards
Ordinance.
R-3 Multiple Family Residence
Removed the requirement that more than 12 units shall be allowed pursuant to a PUD and
conditional use permit. Applicant would still be required to go through the development process
and meet city ordinances.
Added rear yard adjacent to a lower density residential use be a minimum of 50 feet versus 40
feet to be consistent with side yard adjacent to a lower density residential use.
Added accessory structures adjacent to a lower density residential use must be a minimum of 30
feet.
B-1 Central Business District
Added building material standards, including brick, face brick, specially designed precast
concrete, wood, natural or cut stone, glass, material approved by the city council after a review
and recommendation by the Planning Commission. The building materials proposed are
consistent with the St. Joseph Revitalization, Design Standards Report. The Planning
Commission will continue to review and approve landscaping and building plans for new
construction and additions.
Added roof material standards, including commercial grade asphalt shingles, wood shingles,
standing seam metal, slate, tile or copper. The City Council may consider green roof options that
reduce stormwater runoff.
B-2 Highway 75 Business, B-3 General Business District
Added roof material standards to include commercial grade asphalt shingles, wood shingles,
standing seam pre-finished architectural metal, slate, tile or copper. Flat roofs would be exempt
from this requirement. The City Council may consider green roof options that reduce stormwater
runoff. This district already have building wall requirements.
LI Light Industrial District
Added landscaping strip of 60 feet for rear yard adjacent to residential. This would be consistent
with existing language for a side yard adjacent to residential.
Added roof material standards to include commercial grade asphalt shingles, wood shingles,
standing seam pre-finished architectural metal, slate, tile or copper. The City Council may
consider green roof options that reduce stormwater runoff. Flat roofs would be exempt from this
requirement. This district already has building wall requirements.
The following highlights proposed amendments within the Subdivision Ordinance:
General Platting Requirements.
Amended the governing body (city council) reserves the right to deny a plat if due regard is not
shown for the preservation of all natural feature versus the Planning Commission. The City
Council makes the final decision on plat approval.
Minor/Administrative Subdivisions/Consolidations
Added language allowing for an administrative review and approval for minor subdivisions and
consolidations, along with a procedure and review of findings for that. This would be for
previously platted property not involving more than two lots.
Platting Review Procedures
Amended number of plat copies needed.
Preliminary Plat Approval
Amended the number of plat copies needed and added three weeks before Planning Commission
meeting since a public hearing is required and this will also allow adequate time for review.
Added language regarding public hearing requirements and Zoning Administrator preparing
technical reports for the Planning Commission and City Council.
City Council Action
Amended timeline for City Council to approve within 120 days versus 60 days to be consistent
with State Statute.
Final Plat Approval
Amended the number of plat copies needed and added three weeks before Planning Commission
meeting to allow adequate time for review.
Added that the Planning Commission may review and provide a recommendation at their
discretion or it may go directly to the City Council as this is current practice.
Added Release of Plat for Recording section as follows:
The recording of signatures upon the plat as specified in this Ordinance.
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The recording of signatures upon the developer’s agreement.
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The submittal of necessary financial guarantees and development fees to the City.
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The provision of easements or deeds as may be required by the City for trailways,
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ponding, parks, utilities or similar purposes in a form prescribed by the City
Attorney.
Final evidence of Title ownership.
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Amended requirement to record within 180 days rather than 60 days, unless determined
within the executed development agreement.
Cul-de-sacs
Amended cul-de-sacs shall normally not be longer than 750 feet rather than 500 feet to be
consistent with the Fire Code.
Sidewalk and Trail Requirements
Currently sidewalks are required on collector and arterial streets and may be required on
residential streets. Added language requiring projects to comply with city’s trail and
sidewalk plan and where not specifically illustrated in a city plan to provide a sidewalk
on at least one side of the street. The City Council may require on both sides of the street
after a recommendation from the Park Board and/or Planning Commission.
Easements
Amended drainage and utility easements to be 6 feet along interior boundaries (12 feet
total) versus 10 feet (20 feet total).
Amended drainage and utility easement to be 12 feet along roadways versus 10 feet.
ATTACHMENTS:
Request for Council Action – Zoning Ordinance and Subdivision Regulations
Resolution 2016-035 Amending Ordinance 502 – Zoning Ordinance
Resolution 2016-036 Authorize Summary Publication Ordinance 502
Resolution 2016-037 Amending Ordinance 504 – Subdivision Regulations
Resolution 2016-038 Authorizing Summary Publication Ordinance 504
REQUESTED COUNCIL ACTION:
Authorize the Mayor and Administrator to execute Resolutions
2016-035 and 2016-036 Amending Ordinance 502 and authorizing summary publication; and Authorizing
the Mayor and Administrator to execute Resolutions 2016-037 and 2016-038 Amending Ordinance 504
and authorizing summary publication.
Resolution 2016 – 035
Amendment to Ordinance 502
Zoning Ordinance
The City Council of the City of St. Joseph hereby ordains:
That Ordinance 502 is revoked in its entirety and the following language is enacted in its place:
ORDINANCE 520 – ZONING ORDINANCE
Section 520.01: TITLE AND CONTENTS
An ordinance repealing Ordinance 520 previously in effect pertaining the regulation of
land uses within the City and Ordinance 506 previously in effect pertaining to the regulation of
fences, and replacing them with Ordinance 520; Assigning Rules and Regulations for land uses,
defining certain terms, providing for amendments of the ordinance, establishing land us districts
and an official map and prescribing penalties for violations.
Subd. 1: Purpose. This Ordinance establishes regulations for the creation of zones for
the purpose of management of land use and for requiring permits for uses therein. This
Ordinance defines certain rules and defines terms used; outlines administrative procedures, and
makes provision for violation of this Ordinance. This Ordinance identifies districts and allowable
uses; provides for accessory and conditional uses; lot, yard, area and height requirements. It
replaces existing Ordinances or parts of Ordinances inconsistent herewith.
This ordinance shall be known as "THE ZONING ORDINANCE OF THE CITY OF ST.
JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA," and will be referred to therein as
"this Ordinance."
Subd. 2: Contents.
TITLE AND CONTENTS ............................................................... Sect. 520.001
PURPOSE & INTENT .................................................................... Sect. 520.002
JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY.............................................................................. Sect. 520.003
RULES AND DEFINITIONS........................................................... Sect. 520.004
ENFORCEMENT, VIOLATIONS AND PENALTIES..................... Sect. 520.005
VARIANCE AND APPEALS .......................................................... Sect. 520.006
CONDITIONAL USES, INTERIM USES, AMENDMENTS AND
REZONING .................................................................................... Sect. 520.007
NON-CONFORMANCE .................................................................. Sect. 520.008
PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICTSect. 520.009
OFF-STREET PARKING ................................................................ Sect. 520.010
SIGNS .............................................................................................. Sect. 520.011
GENERAL PERFORMANCE STANDARDS.................................. Sect. 520.012
ACCESSORY BUILDINGS ........................................................... Sect. 520.12.1
SCREENING & LANDSCAPING .................................................. Sect. 520.12.3
BUILDING AND LOT RESTRICTIONS........................................ Sect. 520.12.6
HEIGHT AND YARD EXCEPTIONS ............................................ Sect. 520.12.7
INDEPENDENT SEWAGE TREATMENT
SYSTEMS ..................................................................................... Sect. 520.12.08
LIGHTING.................................................................................... Sect. 520.120.9
POLLUTION ................................................................................ Sect. 520.12.10
DWELLING UNIT RESTRICTIONS ........................................... Sect. 520.12.10
OUTDOOR STORAGE AND REFUSE ........................................ Sect. 520.12.10
MOVING OF BUILDINGS................................................................ Sect. 520.13
MANUFACTURED HOME PARKS ................................................. Sect. 520.14
ADULT ENTERTAINMENT ESTABLISHMENTS .......................... Sect. 520.15
HOME OCCUPATIONS .................................................................... Sect. 520.16
MINING/EXTRACTIVE USES ......................................................... Sect. 520.17
SURFACE (STORM) WATER MANAGEMENT ............................. Sect. 520.18
LAND, WOODLAND AND WETLAND
PRESERVATION .............................................................................. Sect. 520.19
SHORELAND OVERLAY DISTRICT .............................................. Sect. 520.20
TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE
AND DESIGN STANDARDS ........................................................... Sect. 520.21
OUTDOOR DINING/SMOKING AREAS AND SIDEWALK
CAFES .............................................................................................. Sect. 520.22
RESERVED ...................................................................................... Sect. 520.23
RESERVED ....................................................................................... Sect. 520.24
ZONING DISTRICT BOUNDARIES AND GENERAL
PROVISIONS .................................................................................... Sect. 520.25
AGRICULTURAL DISTRICT ........................................................... Sect. 520.26
RESERVED ....................................................................................... Sect. 520.27
RESERVED ....................................................................................... Sect. 520.28
RESERVED ....................................................................................... Sect. 520.29
R-1: SINGLE FAMILY RESIDENTIAL DISTRICT.......................... Sect. 520.30
RESERVED ....................................................................................... Sect. 520.31
RESERVED ....................................................................................... Sect. 520.32
RESERVED ....................................................................................... Sect. 520.33
R-2: TWO FAMILY RESIDENTIAL DISTRICT .............................. Sect. 520.34
RESERVED ....................................................................................... Sect. 520.35
RESERVED ....................................................................................... Sect. 520.36
RESERVED ....................................................................................... Sect. 520.37
R-3: MULTIPLE FAMILY RESIDENTIAL DISTRICT .................... Sect. 520.38
RESERVED ....................................................................................... Sect. 520.39
RESERVED ....................................................................................... Sect. 520.40
RESERVED ....................................................................................... Sect. 520.41
R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT ...... Sect. 520.42
RESERVED ....................................................................................... Sect. 520.43
RESERVED ....................................................................................... Sect. 520.44
RESERVED ....................................................................................... Sect. 520.45
R-5: SUPPORTIVE CARE DISTRICT .............................................. Sect. 520.46
RESERVED ....................................................................................... Sect. 520.47
RESERVED ....................................................................................... Sect. 520.48
RESERVED ....................................................................................... Sect. 520.49
B-1: CENTRAL BUSINESS DISTRICT ............................................ Sect. 520.50
RESERVED ....................................................................................... Sect. 520.51
RESERVED ....................................................................................... Sect. 520.52
RESERVED ....................................................................................... Sect. 520.53
B-2: HIGHWAY 75 BUSINESS DISTRICT ...................................... Sect. 520.54
RESERVED ....................................................................................... Sect. 520.55
RESERVED ....................................................................................... Sect. 520.56
RESERVED ....................................................................................... Sect. 520.57
B-3: GENERAL BUSINESS DISTRICT ............................................ Sect. 520.58
RESERVED ....................................................................................... Sect. 520.59
RESERVED ....................................................................................... Sect. 520.60
RESERVED ....................................................................................... Sect. 520.61
L-1: LIGHT INDUSTRIAL DISTRICT.............................................. Sect. 520.62
RESERVED ....................................................................................... Sect. 520.63
RESERVED ....................................................................................... Sect. 520.64
RESERVED ....................................................................................... Sect. 520.65
EE DISTRICT .................................................................................... Sect. 520.66
RESERVED ....................................................................................... Sect. 520.67
RESERVED ....................................................................................... Sect. 520.68
RESERVED ....................................................................................... Sect. 520.69
PUBLIC DISTRICT ........................................................................... Sect. 520.70
RESERVED ....................................................................................... Sect. 520.71
RESERVED ....................................................................................... Sect. 520.72
RESERVED ....................................................................................... Sect. 520.73
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of , 2016, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
By ______________________________
Rick Schultz, Mayor
By ______________________________
Judy Weyrens, Administrator
RESOLUTION 2016-036
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
ORDINANCE 502 – ZONING ORDINANCE
RECITALS:
WHEREAS, on July 7, 2016, the City Council for the City of St. Joseph repealed the text to
Ordinance 502, entitled “Ordinance 502 – Zoning Ordinance” and replaced it in its entirety.
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and
WHEREAS, the intent of the amendments are to remove redundancies and address changes
within the zoning ordinance related to rules and definitions, enforcement, variances and appeals,
conditional uses, interim uses, rezonings, off-street parking, signs, general performance standards,
establishment of districts, agriculture, R1, R2, R3, B1, B2, B3 and light industrial districts.
WHEREAS, the full text of the amended Ordinances are available at the City Offices, 25 College
Avenue North or on the City website, www.cityofstjoseph.com.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of , 2016, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
By ______________________________
Rick Schultz, Mayor
By ______________________________
Judy Weyrens, Administrator
Resolution 2016 – 037
Amendment to Ordinance 504
Subdivision Regulations
The City Council of the City of St. Joseph hereby ordains:
That Ordinance 504 is revoked in its entirety and the following language is enacted in its place:
SHORT TITLE AND CONTENTS ...............................................................Sect. 504.01
PURPOSE ....................................................................................................Sect. 504.02
SCOPE OF LEGAL AUTHORITY ................................................................Sect. 504.03
JURISDICTION, APPLICATION, COMPLIANCE,
VALIDITY ....................................................................................................Sect. 504.04
EXCEPTIONS ...............................................................................................Sect. 504.05
DEFINITIONS ..............................................................................................Sect. 504.06
GENERAL PLATTING REQUIREMENTS ..................................................Sect. 504.07
SHORELAND/FLOOD PRONE LANDS ......................................................Sect. 504.08
MINOR SUBDIVISIONS ..............................................................................Sect. 504.09
COMMON INTEREST COMMUNITIES......................................................Sect. 504.10
PREMATURE SUBDIVISIONS ...................................................................Sect. 504.11
DISQUALIFICATIONS/DENIAL OF PLATS ..............................................Sect. 504.12
PLATTING REVIEW PROCEDURES ..........................................................Sect. 504.13
PLAT DATA REQUIREMENTS ..................................................................Sect. 504.14
MINIMUM DESIGN STANDARDS ...........................................................Sect. 504.15
REQUIRED IMPROVEMENTS ...................................................................Sect. 504.16
PUBLIC LAND DEDICATION ..................................................................Sect. 504.17
ADMINISTRATION AND ENFORCEMENT .............................................Sect. 504.18
ADMIN. FEES, CHARGES & EXPENSES ………………………… Sect. 504.19
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of , 2016, by a vote of in favor and
opposed.
CITY OF ST. JOSEPH
By ______________________________
Rick Schultz, Mayor
By ______________________________
Judy Weyrens, Administrator
RESOLUTION 2016-038
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
ORDINANCE 504 – SUBDIVISION REGULATIONS
RECITALS:
WHEREAS, on July 7, 2016, the City Council for the City of St. Joseph repealed the text to
Ordinance 504, entitled “Ordinance 504 – Subdivision Regulations” and replaced it in its entirety.
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and
WHEREAS, the intent of the amendments are to address changes within the subdivision
ordinance related to general platting, minor administrative subdivisions, platting review procedures,
preliminary plat approval, city council action, final plat approval, lengths of cul-de-sacs, sidewalk and
trail requirements, and easements.
WHEREAS, the full text of the amended Ordinances are available at the City Offices, 25 College
Avenue North or on the City website, www.cityofstjoseph.com.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of , 2016, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
By ______________________________
Rick Schultz, Mayor
By ______________________________
Judy Weyrens, Administrator