The URL can be used to link to this page

Home My WebLink About7B, Consider Ordinance 2009-003 in PC 09-001 to amend Sec 1305.04, 1325.03, 1325.05 ~ ~ILLS Request for Council Action Prepared By: Charles Roberts Council Meeting Date: March 9, 2009 Consider Ordinance 2009-003 in Planning Case 09-001 to amend Sections 1305.04, 1325.03 and 1325.05 of the Zoning Code regarding the clear vision area as presented in the March 9, 2009, report to the City Council. Approve publishing a Summary of Ordinance 2009-003. Budgeted Amount: Actual Amount: Funding Source: Recommendation: 1. Consider Ordinance 2009-003 in Planning Case 09-001 to amend Sections 1305.04, 1325.03 and 1325.05 of the Zoning Code regarding the clear vision area as presented in the March 9, 2009, report to the City Council. Approve publishing a Summary of Ordinance 2009-003. SUDDortinf! Documents: 1. March 9, 2009, Report to the City Council 2. Ordinance 2009-003 3. Summary of Ordinance 2009-003 for Publishing 4. February 4, 2009, Planning Commission Minutes (DRAFT) 5. February 4, 2009, Report to the Planning Commission ~ ~~HILLS MEMORANDUM DATE: March 9,2009 TO: City Council FROM: Charles Roberts, Community Development Intern J ames Lehnhoff, Community Development Director SUBJECT: Planning Case #09-001 Clear Vision Area Clarification City of Arden Hills Reauest Consider Ordinance 2009-003 in Planning Case 09-001 to amend Sections 1305.04, 1325.03 and 1325.05 of the Zoning Code regarding the clear vision area as presented in the March 9, 2009, report to the City Council. Approve Publishing a Summary of Ordinance 2009-003. Back2round Staff has received a number of comments and concerns from residents regarding obstructions within the clear vision area. The purpose of the clear vision area is to protect sightlines for vehicles, bikes, and pedestrians at intersections. The clear vision area is addressed in three chapters of the City Code (nuisance, zoning, and sign), but the language used in each chapter varies. Additionally, some of the concerns submitted to the City were actual obstructions that needed to be addressed, while others may have been in technical violation of the code but were not causing an obstruction. In cases where there is a technical violation but no actual obstruction, the City is sometimes put in a position where people are requested to unnecessarily remove trees and vegetation. In response, the Community Development Department worked together to review the existing ordinance and identify opportunities to improve the clarity and consistency of ordinances regarding the clear vision area. Originally, a total of six adjustments were proposed, one affecting the Nuisance Code (Section 600.03) and five affecting the Zoning Code (Sections City of Arden Hills City Council Meetingfor March 9,2009 I\Metro-inet.uslardenhillslAdminICounci/lAgendas & Packet Information \2009103-09-09 RegularlPacket Information 103-08-09 - CC Report- Clear Vision Area Ordinance. doc Page 10f2 1305.04, 1325.03, and 1325.05). The Sign Code would not have any adjustments to its language, though the existing illustration accompanying the clear vision area definition would be replaced by a clearer o~e. On February 9, 2009, the City Council approved Ordinance 2009-004, the nuisance and abatement ordinance. Part of this ordinance included replacing Section 600 of the Nuisance Code with a new Section 602, which now specifically mentions the clear vision area. As Ordinance 2009-004 achieved the recommended adjustment to the Nuisance Code, this ordinance amendment will now only propose changes to the language of the Zoning Code. Recommendation At their meeting on February 4, 2009, the Planning Commission voted 5-1 to recommend approval of the proposed Zoning Code changes in Ordinance 2009-003. One commissioner expressed concern over the size of the clear vision area. Approve Ordinance 2009-003 to amend Sections 1305.04, 1325.03 and 1325.05 of the Zoning Code regarding clear vision area as presented in the March 9, 2009, report to the City Council. Approve Publishing a Summary of Ordinance 2009-003. The ordinance changes require a 3/5 vote and the publication summaries require a 4/5 vote. Options 1. Approve the proposal as submitted. 2. Approve the proposal with changes. 3. Deny the proposal. 4. Table for additional information. Attachments A - Ordinance 2009-003 B - Summary of Ordinance 2009-003 for Publishing C - February 4,2009, Planning Commission Minutes (DRAFT) D - February 4, 2009, Report to the Planning Commission City of Arden Hills City Council Meetingfor March 9,2009 \IMetro-inet.uslardenhillslAdmin\Counci/lAgendas & Packet Information 12009103-09-09 RegularlPacket Information 103-08-09 - CC Report- Clear Vision Area Ordinance. doc Page 2 of2 Attachment A Ordinance 2009-003 ~ ~HILLS March 9, 2009, City Council Meeting Ordinance 2009-003 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2009-003 AN ORDINANCE AMENDING REGULATIONS FOR THE CLEAR VISION AREA The Arden Hills City Council hereby ordains that Chapter 13, Section 1305.04, Subd 31, Section 1325.03, Subd 2.C, and Section 1325.05, Subd I.G.8, Subd 4.C.5 and Subd 4.D.l is hereby amended in the Arden Hills City Code to read as follows: 1305.04 Definitions. Subd.31 Clear Vision Area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. 1325.03 Exceptions to the Minimum Requirements for All Districts. Subd. 2 Permitted Encroachments. C. Intersection Visibility. On a corner lot, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow in such a manner as to materially impede vision now or in the future between a height of two and one- half (2-1/2) and ten (10) feet in the clear vision area. Ordinance 2009-003 1325.05 Design Standards. Subd.l Landscaping. G. Landscape Design Specifications. 8. Placement of Trees and Shrubs. No trees or shrubs shall be planted within any drainage/utility easements, road right-of-way, or where it would now or in the future materially impede the clear vision area or other driveway between a height of two and one-half (2-1/2) and ten (10) feet in the clear VISIon area. Subd. 4 Screening. c. Landscape Design Specifications. 5. Intersection Visibility. On all lots, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow in such a manner as to materially impede vision now or in the future between a height of two and one-half (2-1/2) and ten (10) feet in the clear vision area. D. Fences 1. Height ofFences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not encroach on the clear vision area. Ordinance 2009-003 Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 9th day of March, 2009. STANLEY D. HARPSTEAD, MAYOR ATTEST: RONALD J MOORSE CITY ADMINISTRATOR Publication Date: March 18th, 2009 Attachment B Summary of Ordinance 2009-003 for Publishing ~ ~HILLS March 9, 2009, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2009-003 On the 9th day of March, 2009, the Arden Hills City Council adopted Ordinance No. 2009-003, and by at least four/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary of Ordinance 2009-003 be published. Chapter 13, Sections 1305.04 (Subd 31),1325.03, (Subd 2.C), and 1325.05 (Subd 1.G.8, Subd 4.C.5, and Subd 4.D.1) are collectively known as Ordinance 2009-003 entitled "Clear Vision Area Standards." The primary purpose of these Zoning Code amendments are to further clarify and make consistent the City's regulations of the clear vision area. A full copy of Ordinance 2009-003 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn. us. Attachment C February 4, 2009, Planning Commission Minutes (DRAFT) ~ ~HILLS March 9, 2009, City Council Meeting MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, FEBRUARY 4, 2009 6:30 P.M. - ARDEN HILLS CITY HALL PLANNING CASES A. Plannin Case 09-001- Clear Vision Area Ordinance Am~: . t - Public Hearin Community Development Intern Roberts reported . City of Arden Hills IS requesting that the Planning Commission consider ;.., roval " dinance 2009-003 in Planning Case 09-001, to amend Sections 1305 ~>~3~.03 an .05 of the Zoning . "",~h Code, regarding the clear vision area as desc 'ed in fhe February, ?, report to the Planning Commission. Community Development Intern Roberts changes: were five fhajor proposed Section 1305.04 - Change the De The clear vision area shall be an ar' the driving surface of the road at the f, extending thirty (3 " . in each dire . the two end poi ,~~,:;achments to read: lot n :: ", ing shall be placed in the clear vision area, to <, such a manner as to materially impede vision, height of two and one-half (2-1/2) and ten (10) feet in the Se'c Place:' drainage materially 1 one-half (2-1/ .G.8 Change the Landscape Design Specifications to read: d Shrubs. No trees or shrubs shall be planted within any nts, road right-of-way, or where it would now or in the future clear vision area or other driveway between a height of two and .y d ten (10) feet in the clear vision area. Section 1325.05, Subd. 4.C.5 - Change the General Screening Requirements to read: Intersection Visibility. On all lots, nothing shall be placed in a clear vision area, and nothing shall be allowed to grow in such a manner as to materially impede vision, now or in the future, between a height of two and one-half (2-1/2) and ten (10) feet in the clear VISIon area. Section 1325.05, Subd. 4.D.l - Change Fences to read: Height ofFences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of comer lots in residential districts, provided that the ARDEN HILLS PLANNING COMMISSION - FEBRUARY 4, 2009 2 fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not encroach on the clear vision area. Community Development Intern Roberts provided background and stated that clear vision area cases would be reviewed on a case-by-case basis. He added that the Staff recommends approval as presented in the Planning Case Report. If approved by the Planning Commission, these changes would go before the City Council at their February 23 Meeting and if approved by the City Council, would go into effect on March 4. Commissioner Holewa requested an explanation of the phrase' 'Iil1 would be a possible course of Community Development Intern Roberts replied that thO on a case-by-case basis, intersections where vision ill Chair Larson inquired whether intersection v. evaluation. ~' Community Development Intern Roberts rep' City's code enforcement department. Chair Larson inquired whether t was on the comer and obstructed c Community Development Intern Ro action, but havin " intersections i 'i~e out into theA~" '%>' hazard. ign does n arantee ijtf,:i]ic safety. He stated that several stop signs, ugh visual obstructions force drivers to edge ee down the 'IOS~ street, which presents a potential safety ..'?;~~ ctor hoff stated that the City wants to protect trees ould only trim the trees if they actually presented a visual tated that he would like to see people plant more shrubs, because ted that he would also like to see the 30-foot requirement for the ck to 15 feet. Chair Larson ed that, generally speaking, 15 feet from the curb line is where the property line is. It does vary in some cases. Commissioner Holewa stated that he would like an amendment to change the 30-foot requirement for the clear vision area to 15 feet. Discussion ensued. Commissioner Holewa suggested that the City look to see how many comers in the City are affected. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 4, 2009 3 Community Development Director Lehnhoff stated that, in Arden Hills, clear vision area obstructions are complaint driven. Or, when a Staff Member notices one, the City follows up on it. He stated that the City has done some preliminary surveys, and they will be looking at a certain number of possible obstructions. Commissioner Thompson inquired whether the City is asking people not to impede by their driveways. Community Development Intern Roberts replied that a driveway intersecting a street would be considered an intersection. City Planner Beekman clarified that this particular se landscape design specifications for commercial drive Discussion ensued. Chair Larson opened the Public Hearing Motion by Commissioner Reif Ordinance 2009-003 in Planning 1325.05 of the Zoning Code, regard 4, 2009, report to the Planning Comm Attachment D February 4, 2009, Report to the Planning Commission Available On-line at: www.ci.arden-hills.fin.us/planningcases ~ ~HILLS March 9, 2009, City Council Meeting