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2013-05-28 Planning Comm Agenda Packet CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION Regular Agenda Tuesday, May 28, 2013 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of the Agenda 4. Approval of the April 23, 2013 Planning Commission Minutes 5. Hearings: a. Case No. 2013-06: City of Mendota Heights: Ordinance amending city code regarding signs Public Hearing 7:00 p.m. b. Case No. 2013-07: City of Mendota Heights: Ordinance amending city code regarding signs Public Hearing 7:00 p.m. 6. Verbal Review 7. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 651-452-1850 with requests. MH Planning Commission, May 28, 2013, Page 1 Planning Commission Minutes April 23, 2013 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES April 23, 2013 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 23, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Commissioners Field, Magnuson, Noonan, Roston, Hennessy and Viksnins. Those absent: Chair Field and Commissioner Hennes. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director/City Engineer John Mazzitello, and NAC Planner Stephen Grittman. Approval of Agenda The agenda was approved as submitted. Approval of February 26, 2013 Minutes COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO APPROVE THE MINUTES OF FEBRUARY 26, 2013, AS PRESENTED. AYES: 5 NAYS: 0 ABSENT: 2 (Field. Hennes) Approval of March 26, 2013 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO APPROVE THE MINUTES OF MARCH 26, 2013, AS PRESENTED. Assistant City Administrator Jake Sedlacek noted that there was not a quorum at the March 26, 2013 meeting and while there were actions to close public hearings were not formal actions and were not included in the minutes. AYES: 5 NAYS: 0 ABSENT: 2 (Field. Hennes) Commissioner Roston asked if the commission needed to take any actions. Assistant Administrator Sedlacek replied that there were provisions in the code which allowed City Council to consider those actions. In each case the City Council continued the public hearing, closed the public hearing, and took action on the planning application. Hearing MH Planning Commission, May 28, 2013, Page 2 Planning Commission Minutes April 23, 2013 a) PLANNING CASE #2013-04 Ed Getz Conditional Use Permit for a Fence at 2453 Haverton Road Planner Stephen Grittman presented the request and showed a map outlining the location of the property, a corner parcel with access to Haverton Road and Mendota Heights Road. The parcel is a single family parcel occupied by a single family home and zoned and guided for single family residential use. The applicant was seeking to construct a fence on the north side of the home, within twenty-five of the right-of-way of Mendota Heights Road. The city’s zoning ordinance allows fences within the thirty foot setback to six feet in height, by conditional use permit. The proposal is to construct a decorative metal or iron looking fence five feet in height, 25 feet from the right of way. The planning staff recommended approval of this conditional use permit based on the following findings of fact: 1. The proposed project will not further impact traffic visibility at the Mendota Heights Road/Haverton Road intersection 2. The proposed fence type and height are consistent with Ordinance requirements 3. The fence is compatible with the established character in the area and will not negatively impact any neighboring properties Commissioner Roston asked, since the purpose of the ordinance is to maintain visibility, if a condition needs to be in inserted about some sort of maintenance and visibility. Planner Grittman replied that it is believed that, because of the location and construction, a separate condition is unnecessary. If the fence were to be changed in the future by any owner of the property, then the conditional use permit would need to be amended. Acting Chair Viksnins opened the public hearing and asked the applicant to come forward. Mr. Ed Getz of 2453 Haverton Road introduced himself and explained that his yard has become a short-cut for children, pets and deer in the area. Mr. Getz would like to install an ornamental fence primarily for security reasons, not for privacy reasons. Commissioner Noonan asked the applicant his reason for seeking a fence higher than 3 feet. Mr. Getz replied that he received two quotes for fences and after speaking with the suppliers he discovered that a higher fence, would improve the chances of reducing the number of deer in his yard. Seeing no one coming forward wishing to speak, Acting Chair Viksnins asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 (Field. Hennes) MH Planning Commission, May 28, 2013, Page 3 Planning Commission Minutes April 23, 2013 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT FOR A FENCE AT 2453 HAVERTON ROAD AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. AYES: 5 NAYS: 0 ABSENT: 2 (Field. Hennes) Acting Chair Viksnins advised that the City Council would consider this application at its May 7, 2013 meeting. Discussions a) NAC CASE 254.04 – 13.06 Amendment to City Code Pertaining to Garages Planner Grittman presented potential changes to City Code regarding garages, noting that the draft language is intended to serve as a framework for discussion, rather than as a recommendation from staff. Planner Grittman also noted that the current regulations encourage attached garages, which is common in single family residential communities. Several commissioners shared the opinion that a maximum garage size of 1,500 square feet in area was sufficient for residential properties. The commission felt that garages matching the footprint of the home could result in garages that were bigger than would be desired. Commissioner Roston asked staff to provide language which would require an accessory structure to match the principle structure. Assistant to the City Administrator Sedlacek provided examples of how draft language regarding the size of a detached garage would apply to the range of housing in Mendota Heights. The commission had mixed opinions on 10% of the rear yard as a standard. Commissioner Roston asked staff to clarify language on the total area for accessory structures, and how it applied to properties with one or two accessory structures. Commission members supported the notion of a fixed lineal foot standard for garage doors. Feedback included support for 36’ as included as the draft, and support for 30’ and going up to 36’ by conditional use permit. Commissioner Noonan expressed concern that allowing four single garage doors could result in an “industrial feel.” Commissioner Hennesey commented that she is in support of the underlying objective here to reduce outside storage and asked if there is a standard approach across the region. Mr. Grittman replied that each community approaches the problem differently, but the 10% of lot size was fairly common. MH Planning Commission, May 28, 2013, Page 4 Planning Commission Minutes April 23, 2013 Commissioner Magnusson noted that the city may want to consider maintaining a preference for attached garages, which may be reflected by allowable sizes. Commissioner Magnusson inquired as to the status of a similar code amendment which would have changed requirements for non-residential properties in residential zones. Mr. Sedlacek reported that the referenced amendment was not passed by city council. Commissioner Magnusson supported the change to allow two double garage doors, and did not support the idea for larger garages or more garage door allowance for requests where the garage was not visible from the right of way. Acting Chair Viksnins asked Planner Grittman to explain the next steps going forward. Planner Grittman replied that staff would refine the proposed ordinance changes given the comments received and bring it back at the next Planning Commission meeting for further discussion. If the Commission could coalesce around some certain ideas then they could call for a public hearing at the following meeting. Mr. Sedlacek requested commission feedback the number of garages allowed. The city code currently allows one garage, either attached or detached. The drafted language would allow for two garages and limit the allowable accessory structures down from three to two. Commissioner Roston supported the idea of allowing two garages to limit outside storage. Acting Chair Viksnins welcomed comments from the public. Mr. Don Wagner, 718 Stanwich Lane, currently has a two car garage and would like to construct a second garage. Mr. Wagner had considered the idea of adding onto the home but due to expense and aesthetics a detached garage is the preferred alternative. A second, detached garage would allow for continued open access to the back of the yard from either side of the garage. Commissioner Noonan asked about the size of Mr. Wagner’s current garage. Mr. Wagner replied that it is currently an attached 24 x 24 [576 square feet] two car garage with one garage door. The second, detached garage he is looking to build would be approximately 22 x 22 [484 square feet] due to the setback requirements, with one garage door. Staff thanked the commission for their discussion and feedback on the issue. b) Amendment to City Code Pertaining to Signs Assistant to the City Administrator Jake Sedlacek introduced the topic, noting that there had been lengthy discussions regarding City Code pertaining to signs at the end of 2012. City Council discussed the topic at their goal setting meeting, directing staff to proposed changes to modernize the sign code. Commissioner Magnuson asked how this ordinance would characterize flashing signs. Mr. Sedlacek replied that flashing signs are not permitted within any district. Currently, any source of light including LED’s must be diffused. MH Planning Commission, May 28, 2013, Page 5 Planning Commission Minutes April 23, 2013 Commissioner Hennessy supported the draft language, and asked staff to consider language regarding banners. Mr. Sedlacek noted that banners could be considered as a temporary sign. Commissioner Noonan also supported the draft language, and asked staff to include language to prohibit flag signs, which seem to be growing in popularity. Commissioner Roston sought clarification regarding holiday greeting signs in residential districts. Planner Grittman stated that he has seen sign regulations that specifically exempt holiday displays from the sign regulations, which could be included as an exempted sign. Commissioner Roston also advised staff to focus on sign standards, rather than any specific technology. Commissioner Magnuson asked that staff also provide language allowing certain wall signs for non- residential uses located within residential districts. Acting Chair Viksnins asked about regulating logos or symbols. Assistant Administrator Sedlacek replied that the city may regulate the area of signs, manner of construction, and how they are lit but staff would advise strongly against looking at the content of that sign. Planner Grittman, offered clarification on cabinet signs, stating that some communities prohibit internally lit cabinets as they may broadcast light rather than sign messages. Verbal Review Assistant Administrator Sedlacek gave the following verbal review: PLANNING CASE #2013-02 Jane McKoskey Lot Split • City Council continued the public hearing and after the public hearing was closed, recommended approval of that lot split as requested PLANNING CASE #2013-03 Brian Smith Zoning Amendment • City Council continued the public hearing and after the public hearing was closed, voted in favor of a zoning amendment to allow beekeeping Assistant Administrator Sedlacek listed some of the upcoming community events: • Spring Clean Up, Saturday, May 4 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO ADJOURN THE MEETING AT 8:22 P.M. AYES: 5 NAYS: 0 ABSENT: 1 (Field. Hennes) MH Planning Commission, May 28, 2013, Page 6 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: May 23, 2013 MEETING DATE: May 28, 2013 SUBJECT: Zoning Ordinance Amendment – Sign Regulations CASE NO: Case No. 2013-06; NAC Case 254.04 - APPLICANT(S): City of Mendota Heights LOCATION: NA ZONING: NA GUIDE PLAN: NA Background and Description of Request: The attached draft ordinance is an update to the City’s sign regulations. Much of this was generated as a result of the City’s decision to approve LED display for the BP station along Dodd Road, suggesting that changes be made to the way the City regulates those signs. However, a few other sections are proposed for update as well. The primary contents of the proposed ordinance is as follows: Eliminates the requirement that Commercial/Industrial building permits be reviewed and approved by City Council. Deletes the general reference to sign regulations currently in the Conditional Use Permit section for Gas/Convenience stores (replacing it with language specific to that use in subsequent paragraphs). Deletes the general reference for signage that currently requires a sign setback to be the same as the building setback. MH Planning Commission, May 28, 2013, Page 7 Deletes the maintenance requirement, since the City’s Maintenance Code addresses this requirement more completely. Amends the general prohibition on illuminating signs that give off intermittent, steady, or rotating beams of light to exempt such signs 2 square feet in area or less – this would legitimize the illuminated “open” signs that are common in many commercial establishments. Corrects the date/time language relating to political campaign signs to conform to current state law. Adds a section whereby an allowed non-residential use on lots of more than 5 acres in a residential zoning district may have a wall sign of up to 100 square feet by Conditional Use Permit. Changes the setback requirements for freestanding signs to 10 feet from any lot line (including the front lot line). Amends the code to specify that electronic displays may be allowed for motor fuel stations under certain limitations and conditions (e.g. 4 characters, 6 square feet in area, changing just 3 times per day, requires an amendment to the station’s CUP to qualify for such a sign). This section is intended to allow LED/Electronic gas price signage. Action Requested: Following a public hearing, the Planning Commission may consider one of the following alternative recommendations: 1. Approval of the proposed amendment to the zoning ordinance, as discussed by the Commission, based on a finding that the changes best further the interests of the City in protecting the public health, safety, and general welfare. 2. Denial of the proposed amendment to the zoning ordinance, based on a finding that the current ordinance better reflects the interests of the City in protecting the public health, safety, and general welfare. 3. Table action on the amendment, subject to additional information as discussed. Staff Recommendation: Staff recommends approval as submitted. Supplementary Materials: 1. Draft ORDINANCE NO. 453, AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS MH Planning Commission, May 28, 2013, Page 8 MH Planning Commission, May 28, 2013, Page 9 MH Planning Commission, May 28, 2013, Page 10 MH Planning Commission, May 28, 2013, Page 11 DRAFT CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 453 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1 The following language in Section 12-1D-13-2 Additional Requirements for all B and I Districts is amended to read: A. Building Permits: B. All applications for building permits shall be submitted for city council approval and shall comply with the provisions of section 12-1G-4 of this chapter. C. 1. Where building permit applications for interior work on existing structures located in the B and I zoning districts are applied for the code enforcement officer shall issue building permits upon compliance with local codes and ordinances. SECTION 2 The following language in Section 12-1D-13-3 Motor Fuel Stations and Motor Fuel Station Convenience Stores is amended to read: J. signs: 1. All signs shall conform with the district requirements in which the motor fuel station and convenience store is located. 2. Banners, flags (other than the flags of the U.S. and the state and the United Nations), pennants and similar promotional display devices may not be permitted for a period not to exceed thirty (30) days after the issuance of a certificate of occupancy. SECTION 3 The following language is in Section 1-1D-15: Signs is amended to read: Signs are a permitted accessory use in all use districts subject to the following regulations: A. Interpretation: A sign is a structure or a part of a structure for the purpose of applying yard and height regulations. B. Permit Requirements: MH Planning Commission, May 28, 2013, Page 12 DRAFT 1. Permit Required: Except as herein exempted, no person, firm or corporation shall install, erect, relocate, modify, alter, or change the color or change the copy on any sign in the city without first obtaining a permit. 2. Application For Permit; and Fees: Application for permits shall be made in writing upon printed forms furnished by the city, and shall be accompanied by a complete description of the sign, its proposed location, the manner of construction and materials used in the sign, a sketch of the sign and such other information as the code enforcement department deems necessary. Fees shall be established by resolution of the city council. A triple fee shall be charged if a sign is erected without first obtaining a permit for such sign. 3. Exemptions: No permit shall be required for the following signs; provided, however, that all signs herein exempted from the permit requirements shall conform with all other requirements of this chapter: a. Signs erected by a governmental unit. b. Signs which are entirely within a building and not visible from outside such building. c. Address, nameplate and/or identification signs having an area of two (2) square feet or less. d. Garage sale, rummage sale and other similar signs in conjunction with the sale of household goods and materials from private residences. e. Real estate signs as regulated in subsection D of this section. f. Election signs as regulated in subsection I of this section. C. Location Generally: Signs and parts of the superstructure shall not extend into the required yards. D. Real Estate Signs: 1. For purposes of selling or leasing property, a sign not in excess of fifteen (15) square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than fifteen feet (15') from the right of way line unless flat against the structure. 2. For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more or an industrial area of ten (10) acres or more, one sign not to exceed one hundred (100) square feet of advertising surface may be erected upon the project site. Such sign shall not remain after ninety percent (90%) of the project is developed. E. Temporary Signs: There shall be no more than one temporary (3 months or less) sign on any lot. The total area of such sign shall not exceed twenty five (25) square feet. F. Maintenance Requirements: 1. The owner, lessee, or occupant of the land on which a ground sign is located shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris. 2. All signs shall be maintained in a safe, presentable and structurally sound condition. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. MH Planning Commission, May 28, 2013, Page 13 DRAFT G. Prohibited Signs: Unless a sign is specifically permitted under this chapter, the sign is prohibited. By way of example and not by way of limitation, the following signs are specifically prohibited: 1. Signs within the public right of way or easement; except, that the city council may grant a conditional use permit to locate signs and decorations on or within the city right of way for a specified time not to exceed sixty (60) days. 2. Illuminated flashing signs within the R, B-1 or B-2 district. 3. In all districts, illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays or lights greater than two (2) square feet in area. 4. Any sign that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 5. Signs painted directly on the outside wall of buildings. 6. Signs painted on fences, rocks, or similar structures or features in any district. 7. Paper and similar signs attached directly to a building wall by an adhesive or similar means. 8. Feather-Flag signs 9. Animated signs, lighter than air inflatable devices, string lights, strip lighting outlining structures, and signs attached or mounted on a vehicle parked primarily for use as a sign. 10. Roof signs. H. Nonconforming Signs: Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter or any previous ordinance are nonconforming uses. I. Election Signs: 1. Election signs are permitted on private property in any district, provided such signs are removed within ten (10) days following the state general election or within ten (10) days following the election the sign relates to in a year during which no state general election is held. 2. No election sign shall be permitted in any R district before August 1 46 days before the state primary in a state general election year, or more than one month preceding the election the sign relates to in a year during which no state general election is held. 3. No election sign shall be permitted on election day within one hundred feet (100') of a building in which a polling place is situated or anywhere on public property on which a polling place is situated. This restriction does not apply to adjacent private property. J. Signs In R Districts: Within the R districts, the following signs are permitted: 1. One nameplate sign for each dwelling, and such sign shall not exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces. 2. One nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces. (Ord. 429, 8-3-2010) 3. One nameplate sign for each permitted use or use by conditional use permit other than residential, and such sign shall not exceed twelve (12) square feet in area per surface. MH Planning Commission, May 28, 2013, Page 14 DRAFT a. By conditional use permit, a non-residential use in a residential zoning district which is allowed either as a permitted or conditional use may qualify for a second nameplate sign, provided that each of the following requirements are met: (1) The parcel on which such a sign is proposed may be no less than forty (40) acres in size. (2) The parcel on which such a sign is to be located must have frontage on at least two (2) public roadways. (3) No more than one sign may be allowed to be oriented toward any one public roadway. (4) The sign shall not exceed one hundred (100) square feet in area per surface. (5) The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign. (6) The sign may be illuminated, provided the direct source of light is not visible from the public right of way or adjacent residential district. (7) The sign may not be constructed as an internally lit cabinet. (8) The sign shall be constructed in a monument style fashion, including a base of natural stone, brick or other masonry material. (9) The sign area shall be landscaped with materials subject to a plan submitted with the (10) CUP application and approved by the city council. (11) Lighting shall be limited from dusk to twelve o'clock (12:00) midnight. (Ord. 434, 4-5-2011) 4. By conditional use permit, a use in a residential zoning district which is allowed either as a permitted or conditional use may qualify for a wall sign in addition to a nameplate sign, provided that each of the following requirements are met: a. The parcel on which such a sign is proposed may be no less than five (5) acres in size. b. The sign shall not exceed one hundred (100) square feet in area. c. The sign may be illuminated, provided the direct source of light is not visible from the public right of way or adjacent residential district. 5. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of light is not visible from the public right of way or adjacent residential district. 6. Any sign over one square foot shall be set back at least ten feet (10') from any property line. No sign shall exceed ten feet (10') in height above the average grade level. Signs may be illuminated, but such lighting shall be diffused or indirect and not illuminated beyond any lot line. K. Signs In B And I Districts: 1. Nameplates And Business Signs: Nameplate signs and business signs are permitted subject to the following regulations: a. B-1 And B-1A Districts: Within the B-1 and B-1A districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed fifty (50) square feet in a B-1 area. MH Planning Commission, May 28, 2013, Page 15 DRAFT b. B-2, B-3, B-4 And I Districts: (1) Within the B-2, B-3, B-4 and I districts, the aggregate square footage of such space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building which fronts on a public right of way fifty feet (50') or more in width. The least width of a lot for purposes of this chapter shall be the front. No individual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising surface over one hundred (100) square feet. (2) Where a B-4 district includes a theater, additional sign surface area may be permitted for the exclusive use of the theater. The total aggregate surface area permitted for theaters including any pylon, marquee or other signage shall not exceed two hundred (200) square feet. 2. Pylon Or Freestanding Sign: The erection of one pylon type sign for any single lot in the B-2, B-3,B-4 and I districts is permitted under the following provisions: a. No pylon or freestanding sign shall be located in a required yard area. In the case of a corner lot, both sides fronting on a public right of way shall be deemed the front. b. A pylon or freestanding sign shall not be higher than twenty five feet (25') above the average grade level at the base of the sign. c. No part of the pylon or freestanding sign shall be less than twenty ten feet (2010') from side lot lines nor less than five feet (5') from any driveway or parking area. d. No part or projection from a pylon or freestanding sign shall be less than fourteen feet (14') vertical distance above the grade level at the base of the sign. e. The gross area of any surface of a pylon or freestanding sign shall not exceed one hundred(100) square feet. 3. Electronic displays, including Light-Emitting-Diodes (LED), or similar technologies may be permitted at motor fuel stations under the following conditions: a. The characters in an electronic display must be a uniform color. b. Any electronic display is limited to a maximum of four (4) characters. c. The total area for an electronic display is not to exceed six (6) square feet in area. d. The text of the sign may not change more than three (times) in a day (24 hours). d. The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station. e. Any existing motor fuel station seeking permit for electronic display of fuel prices shall submit a request to amend their conditional use permit. 4. Comprehensive Sign Plan: A comprehensive sign plan shall be provided for industrial developments. Such plan, which shall include the location, size, height, lighting and orientation of all signs shall be submitted to the planning commission for preliminary plan approval regulations. Provided such a comprehensive plan is presented, exceptions to the sign performance standards of this chapter may be permitted if sign areas and densities for the plan as a whole are in conformity with the intent of this MH Planning Commission, May 28, 2013, Page 16 DRAFT chapter and if such exception results in an improved relationship between the various parts of the plan. (Ord. 429, 8-3-2010) Adopted and ordained into an Ordinance this --- day of --- 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk MH Planning Commission, May 28, 2013, Page 17 DRAFT MH Planning Commission, May 28, 2013, Page 18 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: May 23, 2013 MEETING DATE: May 28, 2013 SUBJECT: Zoning Ordinance Amendment – Garage Size Regulations CASE NO: Case No. 2013-07; NAC Case 254.04 - APPLICANT(S): City of Mendota Heights LOCATION: NA ZONING: NA GUIDE PLAN: NA Background and Description of Request: Over the past few months, the Commission has been reviewing and discussing options for amending the zoning ordinance regulations related to garage size. Attached to this memorandum is the most recent draft of language that addresses these changes. The basics of the proposed amendment are as follows: Specify that accessory structures must be architecturally compatible with the principal building. Allow, by Conditional Use Permit, more than one garage structure on a residential property. Thus, a single family home could, by CUP, construct up to 1,500 square feet of attached garage space, and also a detached garage that meets the standards for such buildings. MH Planning Commission, May 28, 2013, Page 19 Change detached garage requirements to permit up to 650 square feet of floor area as a permitted use, rather than the previously required Conditional Use Permit. Allow, by Conditional Use Permit, detached garages from 650 square feet up to 1,500 square feet, but no more than either of the following two limitations: o 10% of the rear yard area; or o Equal to the foundation footprint area of the principal home (this standard raised some concerns at the previous Commission meeting). Change the current regulations relating to garage doors from the number of doors to an allowance of up to 36 lineal feet of garage door per structure. Allow, by Conditional Use Permit, more than 36 lineal feet of garage door when the doors are not visible to street or neighbors. Change the “Accessory Building” reference standards to clarify the number of small accessory buildings. Specify that non-garage accessory buildings may be constructed larger than the size of sheds by Conditional Use Permit. With these changes, residential parcels would be able to increase the amount of garage area on their property, but in almost all cases, the CUP provisions would allow the City to manage this construction to fit the circumstances of the neighboring area. As noted, certain of these draft provisions raised some concern from various members of the Commission, and are included here to ensure a full discussion of the ideas that have been brought forward. Action Requested: Following a public hearing, the Planning Commission may recommend one of the following actions: 1. Approval of the amendment to the zoning ordinance as presented, or as amended by the Commission, incorporating a finding that the regulations would continue to protect the residential character of the City’s neighborhoods, and provide better opportunities to enclose automobiles and other personal property to avoid outdoor storage. 2. Denial of the amendment to the zoning ordinance, based on a finding that the current regulations do the best job of implementing the Commission intent related to the Comprehensive Plan and maintain the distinctions between reasonable and unreasonable uses of residential property. 3. Table action on the amendment, pending additional information from staff or others. MH Planning Commission, May 28, 2013, Page 20 Staff Recommendation: Staff recommends the amendment as reflective of the changing needs of single family residential land uses, and the value in protective neighborhoods from the impacts of outdoor storage of equipment, vehicles, and personal property. The proposed regulations are intended to provide flexibility to property owners in meeting their storage and parking needs, with the balance of ensuring that residential garages do not overwhelm the properties, or the neighboring properties, in which they are located. Supplementary Materials: 1. Draft ORDINANCE NO. 454, AN ORDINANCE AMENDING TITLE 12 CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES. MH Planning Commission, May 28, 2013, Page 21 MH Planning Commission, May 28, 2013, Page 22 MH Planning Commission, May 28, 2013, Page 23 MH Planning Commission, May 28, 2013, Page 24 DRAFT CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 454 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1: The following language in Section 12-1D-3C is hereby amended to read: C. Accessory Structures In All Residential Districts: accessory structures shall be architecturally compatible with the principal structure. 1. Private garages in all residential districts: a. Number: Only one private garage, either attached or detached, is allowed for each principal residential structure, except by conditional use permit. b. Size: (1) Attached private garage: (A) Up to one thousand two hundred (1,200) square feet is permitted. (B) One thousand two hundred (1,200) to one thousand five hundred (1,500) square feet is allowed via a conditional use permit. (2) Detached private garage: (A) Up to four hundred forty (440) six hundred fifty (650) square feet is permitted. (B) Four hundred forty (440) to seven hundred fifty (750) square feet is allowed via a conditional use. More than 650 square feet, up to a total floor area no greater than the foundation footprint of the principal residential building; nor more than ten percent (10%) of the rear yard, whichever is less. via a conditional use permit. A detached private garage may not exceed 1,500 square feet of area. PRIVATE GARAGE SIZE STANDARDS IN ALL RESIDENTIAL DISTRICTS MH Planning Commission, May 28, 2013, Page 25 DRAFT Attached (Square Feet) Detached (Square Feet) Permitted 1,200 maximum 440 maximum Conditional use 1,200 to 1,500 440 to 750 Prohibited Over 1,500 Over 750 c. Standards For Private Garages In All Residential Districts: (1) Floor Of A Garage: In all R districts, the floor of a garage shall be at least one and one-half feet (11/2') above the street grade at the curb unless a deviation is granted by the public works director upon determination that a lower elevation is appropriate. (2) Garage Doors: No more than thirty six (36) lineal feet of garage door per structure, measured horizontally, may be installed to provide access to any private garage or other accessory building space on a single or two-family residential property a double wide and a single wide garage door, or three (3) single wide garage doors shall be permitted. More than thirty six (36) lineal feet of garage door may be provided by Conditional Use Permit when such additional garage door exposure is not visible from a public street or from surrounding residential property. (3) Height: No garage doors over nine feet (9') in height shall be permitted. (4) Use: No use of the garage shall be permitted other than private residential noncommercial use. 2. Accessory structures (other than detached, private garages) in all residential districts: a. Number And Size - No detached accessory building shall exceed the following size allowances: (1) Accessory buildings (other than detached, private garages) shall not exceed one thousand (1,000) square feet. (1) Property is four (4) acres or less*: One accessory structure with the area not to exceed one hundred forty four (144) square feet is permitted. (2) Property is more than four (4) acres*: Up to two accessory structures, with a total area not to exceed 440 square feet are permitted. Total area cannot exceed four hundred twenty five (425) square feet, provided: MH Planning Commission, May 28, 2013, Page 26 DRAFT (A) No more than three (3) ccessory structures may be erected. *In computing the area of the property on which an accessory structure is to be located, any part which is a lake or a wetland, as defined in any city ordinance or by state or federal law, any part which is subject to an easement for a street, alley or private roadway, and any part which is in the critical area and below the "bluff line", as defined in chapter 3, "Critical Area Overlay District", of this title shall be excluded. (3) A detached accessory building which is not a private garage may be constructed larger than the allowances in this section by Conditional Use Permit, provided that in no case shall such building be larger than one thousand (1,000) square feet of total floor area. b. Through Lots: All accessory buildings greater than one hundred forty four (144) square feet on through lots located in R districts shall require a conditional use permit. Adopted and ordained into an Ordinance this --- day of --- 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk MH Planning Commission, May 28, 2013, Page 27