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HomeMy WebLinkAbout2012-09-04 P & Z Packet PLANNIN AND ZONING COMMISSION ;,. MEETING AGENDA ' terville TUESDAY, SEPTEMBER 4, 2012 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. APPEARANCES/PRESENTATION(S) III. PUBLIC HEARING (S) 1. Amending City Code, Chapter 156, Section 156.016 — 156.052 & Zoning Districts by Grid IV. OLD BUSINESS 1. Snowmobile Ordinance V. NEW BUSINESS 1. Ord. #XX, Second Series Amending City Code, Chapter 156, Section 156.016 — 156.052 & Zoning Districts by Grid 2. Request for Conditional Use Permit — 6995 — 20 Avenue South, Miller Mobile Marine, B -1 Commercial Zoning District VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. August 7, 2012 Planning & Zoning Meeting Minutes VIII. ADJOURNMENT * *REMINDERS ** LaMotte Park — August 15 — October 12, 2012, Monday, Wednesday & Thursdays, 6:00 — 7:30 p.m. 2 °d & 3 Grade Football Practice Field #1 LaMotte Park — August 13 — October 31, 2012, Monday — Thursday, 5:30 — 7:30 p.m. 7 Grade Football Practice Outfield of Baseball Field #5 Acorn Creek Park — August 20 — October 31, 2012, Thursdays, 5:00 — 8:00 p.m. Youth 10 Girls Soccer Field #1 City Hall Closed in Observance of Labor Day — September 3, 2012 Parks & Recreation Committee Meeting — September 5, 2012, 6:30 p.m. @ Hidden Spring Park City Council Meeting — September 12, 2012, 6:30 p.m. Council Chambers Movie in the Park — September 15, 2012, Dusk, Laurie LaMotte Park (The Lorax) City Council Meeting — September 26, 2012, 6:30 p.m. Council Chambers Skate Night — September 29, 2012, 5:30 p.m., Schwan Super Rink Planning & Zoning Commission Meeting — October 2, 2012, 6:30 p.m. Council Chambers § 156.016 RURAL RESIDENTIAL DISTRICT (R -1). (A) Purpose. The purpose of the R -1 District is to allow agricultural activities and nonsewered residential dwellings as interim uses of the land. The city has limited vacant land for development and all land in the city is planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the city and the incompatibilities which often exist between agricultural and nonagricultural uses, permitted uses in the R -1 District will not reflect intensive commercial agricultural uses. Deleted: ¶ (1) - Single - family detached (B) Permitted uses. See Table 156 -A.1 dwellings at a density not exceeding one home per ten acres; ¶ (2) Residential accessory uses and (C) Special requirements. Agricultural uses are permitted in the R -1 District subject to home occupations; the following requirements: g q (3) . Crop production and vegetable gardening;¶ (1) Feed lots, runs, pens and similar intensively used facilities for animal raising ¶ (4) - Produce stands for products and care shall not be located within 300 feet of a neighboring property; and raised on the premises; ¶ .. (5) Tree nurseries and sod fauns; (2) Accessory farm buildings shall not be erected within 100 feet of a neighboring and If property. Deleted: (6) - Horses, livestock and fowl, not exceeding a density of one horse or livestock animal per acre or three § 156.017 HIGH- DENSITY SINGLE - FAMILY RESIDENTIAL DISTRICT (R -2A). fowl per acre. Deleted: ¶ . provide for higher-density single- (1) Single - family detached ( A ) Purpose. It is intended that the R -2A District p g Y g dwellings;¶ family detached, attached and multiple - dwelling opportunities in areas where public utilities ¶ are available and required for service. The design and circulation of new residential areas are 1 ( - Single- family attached dwellings with more than four dwelling units per also intended to be complementary with and enhance the community's small -town building atmosphere. (3) Accessory uses;¶ ¶ (B) Permitted uses and structures. See Table 156 -A.1 - (4) . Public parks and recreation uses;¶ ¶ v (5) . Daycare facility;¶ ¶ (B) Conditional uses. See Table 156 -A.1 (6) Residential facility; and ¶ (7) Home occupations. § 156.018 SINGLE - FAMILY RESIDENTIAL DISTRICT (R -2). Deleted: ¶ (1) - Apartments or condominiums at a density not exceeding 12 units per acre.¶ (A) Purpose. It is intended that the R -2 District provide for lower- density traditional Deleted: (1) Single- family detached single- family detached dwelling opportunities in areas where public utilities are available and ;' dwellings required for service. The design and circulation of new residential areas are also intended to ¶ (2) Single - family attached dwellings be complementary with and enhance the community's small -town atmosphere. with two units; ¶ (B) Permitted uses and structures. See Table 156 -A.1 (3) Accessory uses;¶ ¶ (4) . Public parks and recreation facilities;¶ • ¶ § 156.019 SINGLE - FAMILY MANUFACTURED HOUSING DISTRICT (R -4). ¶ ( s) . Daycare facility;¶ (6) - Residential facility; and¶ ¶ (7) . Home occupations. ¶ (A) Purpose. It is intended that the R -4 District provide for high- density single - family, detached residential opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. (B) Permitted uses and structures. See Table 156 -A.1 (C) Special requirements. Manufactured homes are permitted in all residential - -- Deleted: (1) . Single - family detached districts if they meet the design criteria for those districts. All other manufactured homes dwellings;¶ in designated manufactured home districts which meet the requirements ¶ shall be located only g q (2) Accessory uses;¶ of this chapter. The general intent of this district is to provide for manufactured housing in ¶ (3) . Public parks and recreation subdivided developments, in safe, attractive residential neighborhoods with all urban services facilities;¶ and desired amenities as other residential areas ¶ (4) Daycare facility;¶ (1) Manufactured homes shall not be parked on any public street or on any tract of - - (5) Residential facility; and land except as provided in this section. Emergency or temporary stopping or parking is ¶ (6) Home occupations. ¶ permitted on a public street for not longer than three hours subject to any other and further ¶ prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that public street. (2) No more than one manufactured home may be located on any single parcel of land. (3) The manufactured home bottom shall be constructed on a continuous perimeter footing and foundation meeting the requirements of the Building Code for residential structures. (D) Planned Unit Development Required. No person shall erect, establish, extend or enlarge a manufactured housing development, park, or cooperative within the limits of the city without first obtaining approval as a planned unit development from the City Council upon receipt of the recommendation of the Planning and Zoning Commission. Approval shall be granted only upon compliance with all the following: (1) Compliance with all other terms of this zoning chapter; (2) Compliance with all the terms of Chapter 153; and (3) The proposed development must be located in the city's urban service area as shown in the comprehensive development plan, and all manufactured homes must be individually served by public utilities as required for all new residential dwellings. § 156.020 SINGLE - FAMILY RESIDENTIAL - ESTATE DISTRICT (R -5). (A) Purpose. It is intended that the R -5 District provide for low- density traditional single - family residential where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. (B) Permitted uses. See Table 156 -A.1 Deleted: (1) . Single- family detached dwellings; ¶ I • ¶ (2) Accessory uses;¶ § 156.021 HIGH- DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT (R -3). ¶ (3) Public parks and recreation uses;¶ ¶ (A) Purpose. It is intended that the R -3 District provide for higher- density residential (4) . Daycare facility;¶ district where a variet of dllin types itted ided the overall dit 1 �' we g � es are p erm � II rov ens y (5) Residential facility; and¶ of the property meets the district goal of 12 units per acre. The design and ¶ circulation of new residential areas are also intended to be complementary with and (6) Home occupations.¶ enhance the community's small -town atmosphere. All development within the � � am Multi- family projects.¶ < #'Single- family attached or detached district shall be submitted for consideration through the Planned Unit Development / dwellings where in combination with process. A site submitted for Planned Unit Development in this district shall be a multi - family dwellings on the development property meet the district minimum of two acres. density goal;¶ < #> Accessory uses;¶ (B) Permitted and conditional uses and structures. See Table 156 -A.1 < #> Daycare cacility¶ < #'Home occupations;¶ < #> Public parks and buildings.¶ (C) Requirements. - { Formatted: Bullets and Numbering Deleted: 156.024 RESERVED FOR (1) Existing uses that are not in conformance with this section may not be : FUTURE EXPANSION.¶ expanded, but may continue as nonconforming uses. These nonconforming § 156.025 HIGH- DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT uses may be repaired and maintained and are allowed minor improvements (R -3)1 that do not expand the use. (A) Purpose. It is intended that the R- 3 District provide for higher - density (2) In making decisions about land use compatibility and dimensional residential district where a variety of criteria for uses and structures, the City shall have broad discretion to dwelling types density are o f the property provided ty the overall density of the property protect the public health, safety and welfare; and to protect the integrity of meets the district goal of 12 units per surrounding residential neighborhoods. Development or redevelopment of rer resida The are are cl n of new ential l areas are also o intended to any parcel shall be accomplished by submitting application as a Planned be complementary with and enhance Unit Development. i the community's small -town atmosphere. All development within this district shall be submitted for (3) No development in this district is permitted without city water and consideration through the Planned Unit Development process. A site sanitary service. submitted for Planned Unit Development in this district shall be a (4) Appendix A, "District Regulations Lot and Yard Requirements" is minimum of two acres.¶ hereby amended to include requirements that shall apply to this district. ' II (B) . Permitted uses and structures¶ (Ord. 2d, #45, Added 02/02/2010) ¶ (1) Multi- family projects. ¶ (2) Single- family attached or § 156.022 THROUGH j56.029 RESERVED FOR FUTURE EXPANSION, detached dwellings where in combination with multi -family § 156.030 COMMERCIAL DISTRICT (B -1). dwellings on the development property meet the district density goal;¶ ( A Purpose. It is intended that the B -1 District provide opportunities for retail and 11 ) rP P PP (3) Accessory uses;¶ service business uses which require larger development sites, highway visibility or highway ¶ access. _ _ (4) Daycare facility;¶ <#>Home occupations. ¶ requirements. The following minimum requirements, ¶ ( B ) General minimum re i Th lli 9 g ii as set ', gt>Public parks and buildings.¶ forth, shall apply to all buildings that may be erected, converted or structurally altered in ¶ (.,, [i] , commercial districts. { Formatted: Font: Bold (C) Off-street parking. Off - street parking shall be provided as required in this chapter. (D) Buffer zone between commercial and residential districts. Where a commercial district abuts a residential district, any new development shall include a buffer zone. There shall be a protective strip of not less than ten feet in width. This protective strip shall contain no structures, shall not be used for parking, off - street loading or storage, and shall be landscaped. The landscape treatment shall include a compact screen wall or fence, but shall not extend within 15 feet of the street right -of -way. The planting or fence design must be approved by the site plan review process. The site plan review process requires review by the Planning and Zoning Committee and the City Council, as set forth in this chapter. (E) Screening requirements. If the City Council requires any type of screening as a condition for a variance, conditional use, or interim use permit, the applicant shall comply with the following conditions: (1) File a copy of the screening plans with the Zoning Administrator; (2) The screening, planting or construction, or both shall be complete within one year from the date of the building permit, subject to extension by the City Council; and (3) The screening shall be maintained after completion. (F) Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface area of the land within a parking area shall be landscaped with grass and shrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis. Green areas within abutting street rights -of -way will also be maintained by the property owner. Other requirements are set forth in this chapter. (G) Accessory Structures. Garages, accessory structures, screen walls, buildings and exposed areas of retaining walls shall be of similar type, quality and appearance as the principal structure. The height of an accessory structure shall not exceed the height of the principal structure. (H) Permitted encroachments. The following shall not be considered as encroachments on setbacks subject to other conditions within this chapter: off - street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as hereinafter amended. (I) Driveways. (1) No driveway shall be located within 100 feet of any right -of -way line of a street intersection. The distances shall be measured along the property line from the corner right -of -way and county line. (2) Access drive onto county roads shall require a review by the City Engineer. This review shall be measured along the property line from the corner right -of -way and county line. (J) Refuse. (1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be out of view from the street. In no event shall containers or their enclosures be placed or maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property. (2) All garbage containers shall be screened with a suitable enclosure. (K) Permitted uses. See Table 156 -A.1[ Comment Conditional uses below were inserted to correspond with (1) Uses not explicitly enumerated in this section as permitted uses, but closely Ordinance 56, 2 Series. DL. similar thereto as determined by the Planning and Zoning Commission, provided these uses Deleted: Retail l d b service, but y g g � p excluding adult - oriented usinesses;¶ are not explicitly mentioned as permitted or conditional uses elsewhere in this Chapter. 9 (Ord. 2d, #40. Amended 12/22/2010) (2) Daycare centers;¶ 9 (3) Hotels and motels;¶ (L) Conditional uses. 9 . (4) Full service gasoline sales and service;¶ (1) Automotive vehicle and motorized equipment sales and service, excluding i ¶ . (5) _ Eating and drinking salvage operations, provided; establishments;¶ (a) the outside sales lot shall not be larger in square footage than two ¶ . (6) . Financial institutions;¶ times the square footage of the building devoted to the related business. ¶ (b) the sales lot used to park vehicles to be sold or serviced shall be a - . ( Personal and professional business offices ;9 separate and distinct from the area of the premises used to park vehicles necessary to satisfy the minimum parking required by this Code. - (s) . Public buildings (c) all repair assembly disassembly or maintenance of vehicles shall occur _ (9) . Barber/beauty salons ;¶ within a closed building except minor maintenance including tire inflation, adding ¶ oil and wiper replacement. Vehicles that are inoperable or are missing body parts (lo) Commercial schools;¶ shall be stored inside a building or in a properly screened area. provided however . (11) Hospitals and clinics;¶ 1 that vehicles which are inoperable, missing body parts, or are unlicensed may not . (12) Nursing homes ;¶ be stored outside a building longer than 90 days or in a properly screened area, ' 1 provided however that vehicles which are inoperable, missing body parts, or are (13) Commercial recreation;¶ unlicensed may not be stored outside a building longer than 90 days. (14) Car washes; and9 9 - (15) Liquor stores. 9 9 (2) Farm implements sales and service; (16)-(19) Reserved¶ 9 (a) the outside equipment storage lot shall not be larger in square footage . (20) than two times the square footage of the building devoted to the related business [ Demon. 9 (b) all repair assembly disassembly or maintenance of vehicles and implements shall occur within a closed building except minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles that are inoperable or are missing body parts shall be stored inside a building. (3) Building supply sales and storage yards; (a) the outside equipment and inventory storage lot shall not be larger in square footage than two times the square footage of the building devoted to the related business. (4) Funeral homes and mortuaries; (5) Animal clinics. (Ord. 2d, #53. Amended 5/9/2012), - -- Deleted: (1) Automobile and motorized equipment sales and service, excluding salvage operations;¶ (M) Commercial exterior building materials. ¶ (2) - Farm implements sales and (1) Except as otherwise regulated herein, the exterior wall surfaces of all new or ¶ rvice;¶ expanded commercial buildings shall consist of face brick, finished block or other textured (3) Building supply sales and masonry product approved by the Planning and Zoning Commission. storage yams;¶ (4) . Funeral homes and mortuaries;¶ (2) Exceptions to all masonry exteriors may be considered and approved by the ¶ (5) . Animal clinics. Planning and Zoning Commission provided the following findings are met: (a) The combination of exterior materials is used as an architectural complement to the structure; (b) The combination of exterior materials used is not inconsistent with the quality and appearance used on similar buildings in the same zoning district or neighborhood; (c) Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed; and (d) An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior wall. (3) Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. (N) Interim uses in B -1 District. (1) Industrial uses that existed on a site in the I -1 Industrial district as a legal, fully conforming use prior to the site being rezoned from I -1 to B -1, may continue and be expanded on that site as if located in an I -1 District until the use is changed to a use that is permitted in this district. After it is changed to a use permitted the B -1 district, it may not thereafter be used except as permitted in this district. Where the proposed change from I -1 to B -2 has been initiated by the City, the Planning and Zoning Commission shall simultaneously with making such zoning change, determine whether such parcel is a fully conforming industrial use qualifying for interim use status. Where a positive determination is made, the action shall be filed with the Anoka County Recorder. (Ord. 2d, #37, Amended 9/22/2010, Ord. 2d # 46, amended 03/23/2011) Cross - reference: Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard Requirements and Table 156 -A.1 District Allowed Uses Signs, see Chapter 152 §§ 156.031 THROUGH 156.039 RESERVED FOR FUTURE EXPANSION. § 156.040 INDUSTRIAL DISTRICT (I -1). (A) Purpose. It is intended that the I -1 District provide opportunities for light manufacturing and industrial uses, trade businesses, machine shops and other more extensive land uses. (B) General minimum requirements. The following minimum requirements, as set forth herein, shall apply to all buildings that may be erected, converted or structurally altered in industrial districts. (C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District Regulations Lot and Yard Requirements. In addition, side yards facing streets on comer lots shall be considered the same as front yards. Where a front yard or side yard of a corner lot faces a residential district across a street, the setback from the street shall be not less than 60 feet. (D) Off - street parking. Off - street parking shall be provided as required by this chapter. All open street parking areas having more than six parking spaces shall be effectively screened by a wall, fence of acceptable design or compact hedge along all sides which adjoin or are directly across the street from the property in a residential zone or institutional use. The wall, fence or hedge shall be maintained in good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for advertising purposes; (E) Buffer zone between industrial and residential districts. Where the side yard of any industrial district abuts a residential district, the minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted within 40 feet of the side yard line. All side yard areas not utilized for parking shall be landscaped with screening provided along the side lot line to within 15 feet of any public right -of -way. (F) Screening requirements. If the City Council requires any type of screening as a condition for a variance or, conditional use, or interim use the applicant shall comply with the following conditions: (1) File a copy of the screening plans with the Zoning Administrator; (2) The screening, planting or construction, or both shall be complete within one year from the date of building permit, subject to extension by the City Council; (3) The screening shall be maintained after completion; and (4) A dollar amount of one and one -half times the estimated cost of planting and construction of the screening shall be filed with the city in the form of a cash escrow or letter of credit. The cash escrow or letter of credit amount shall be forfeited to the city if any provisions of this section are violated. (G) Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface area of the land within a parking area shall be landscaped with grass and shrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis. Green areas within abutting street rights -of -way will also be maintained by the property owner. Additional landscaping regulations are set forth in § 156.116. (H) Accessory structures. Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type, quality and appearance as the principal structure. Accessory structures shall comply with other requirements of this chapter. (I) Permitted encroachments. The following shall not be considered as encroachments on setbacks subject to other conditions within this chapter: off - street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as hereinafter amended. (J) Driveways. (1) No driveway shall be located within 100 feet of any right -of -way line of a street intersection. This distance shall be measured along the property line from the corner right -of -way line. (2) Access drives onto county roads shall require a review by the City Engineer. (K) Refuse. (1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be out of view from the street. In no event shall containers or their enclosures be placed or maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property. (2) All garbage containers shall be screened with a suitable enclosure. (L) Loading facilities. Loading facilities shall be on the side of rear yards. When adjacent to and/or visible from any public street, the facilities must be adequately screened. (M) Storage. For the purpose of this zoning district, car, vans and pickup trucks parked outside and used by employees and/or visitors in the normal course of the business operation will not be construed to be outdoor storage. Further, outside parked trucks and semi - trailers used in the normal business commerce will not be construed to be outdoor storage: (1) Provided that the total number of trucks and semi - trailers does not exceed the number of docks and/or bay doors; and (2) This use is not construed as an operation listed as a conditional use in any industrial zone. (N) Permitted uses. See Table 156 -A.1 (1) Uses not explicitly enumerated in this section as permitted uses, but closely _. - Deleted: Business and professional similar thereto as determined by the Planning and Zoning Commission, provided these uses offices;¶ explicitly mentioned as permitted or conditional uses elsewhere in this Chapter. ¶ are not ex p Y p p (2) .Machine and repair shops;¶ (Ord. 2d, #40. Amended 12/22/2010) 1I (3) Construction trade offices and (0) Conditional uses. See Table ]56 -A.1 1ards;¶ (4) . Manufacturing, warehousing, distribution, processing, packaging, assembly and research uses, except waste management;¶ (P) Industrial exterior building materials. Industrial buildings are required to be (5) Indoor shooting/archery range constructed of brick, decorative block or approved textured masonry product. Pole barn type and sales;11 buildings are not allowed. Buildings are required to have contrasting architectural features 1 ., (6) -(19) Reserved¶ and must be designed to be aesthetically pleasing. 1 Cross - reference: (20) Signs, see Chapter 152 Deleted: (1) Truckterminals¶ Adult business licensing, see Chapter 110 g p (2) - Mini- storage;¶ (3) . Kennels;11 §§ 156.041 THROUGH 156.049 RESERVED FOR FUTURE EXPANSION. (4) Adult and Sexually oriented businesses as further regulated in this code. § 156.050 PUBLIC/INSTITUTIONAL DISTRICT (P -1). (A) Purpose. It is intended that the P -1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. (B) Permitted uses. (1) Government buildings, structures, facilities, utilities, rights -of -way, easements, parks, open spaces and vacant land; and (2) Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. § 156.051 MIXED USE DISTRICT (M -1). (A) Purpose. It is intended that the M -1 District implement the "Master Plan and Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 (the "Redevelopment Plan "), and provide for the unique layout and character of a traditional central business district with retail, professional office, accessory residential and other mixed uses. (B) Permitted uses. See Table 156 -A.1 -- Deleted: (1) Retail sales conducted within structures, but excluding automobile and motorized equipment (C) Special requirements. The following special requirements are intended to implement sales, truck stops, gasoline and fuel sales the Redevelopment Plan, which is incorporated herein by reference. and drive- through restaurants; ¶ (2) Repair and service conducted (1) Existing uses that are not in conformance with this section may not be within structures, but excluding expanded, but may continue as nonconforming uses. Additions to a nonconforming single- automobile and motorized equipment repair; ¶ family residential structure may be allowed, provided the square footage of the main floor of the home is not increased by more than 33% from that which existed on January 11, 2006. - (3) Professional, business, and health care offices; ¶ Also, accessory buildings or uncovered decks and porches may be constructed in conjunction ¶ with nonconforming single - family uses, provided they meet all of the conditions, including (a) Residences above the first floor; ¶ setbacks, as required in the R -2 Single Family District. (Ord. 2d #36, amended ¶ q g Y ( e dd 7/14/2010 ) (5) Theaters and recreational businesses conducted within structures; (2) In making decisions about land use compatibility and dimensional criteria for and If uses and structures, the City shall have broad discretion to protect the public health, safety (6) Public parks and buildings. and welfare; and to protect the integrity of the M -1 District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but rather planned side streets and alleys must be used for such access. (4) The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the Redevelopment Plan. The city will engage the services of a consultant architect to assist with the review. The cost of such services may be charged to the applicant. (5) Stormwater management will be accomplished through regional stormwater facilities. Construction of the stormwater facilities may be accomplished through coordinated private improvements and public improvements, and maintenance of the stormwater facilities may be accomplished through district -wide assessments and user fees. Individual stormwater improvements that are not part of the planned regional stormwater management facilities are not permitted in the M -2 District. (Ord. 2d, #3. Amended 5/10/2006) { Comment: M - is missing. DL § 156.052 MIXED USE NEIGHBORHOOD DISTRICT (M -2). (A) Purpose. It is intended that the M -2 District implement the "Master Plan and f Formatted: Bullets and Numbering Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 ( "The Redevelopment Plan "), and provide for higher density residential uses and accessory retain and office uses to complement the adjoining M -1 District and existing neighborhoods. (B) Permitted Uses. I See Table 156 -A.1 •- - { Formatted: Bullets and Numbering { Formatted: Font: Not Bold (1) Residential uses with a density between 12 and 30 units per acre. • (2) Ground level retail or offices up to 25% of a structure, provided that the use is on a corner lot. Deleted: < # >Public parks and (C) Special Requirements. The following special requirements are intended to buildings.¶ implement the Redevelopment plan, which is incorporated herein by reference. -{ Formatted: Bullets and Numbering (1) Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. Additions to a nonconforming single - family residential structure may be allowed, provided the square footage of the main floor of the home is not increased by more than 33% from that which existed on January 11, 2006. Also, accessory buildings or uncovered decks and porches may be constructed in conjunction with nonconforming single - family uses, provided they meet all of the conditions, including setbacks, as required in the R -2 Single Family District. (Ord. 2d #36, amended 7/14/2010) (2) In making decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the integrity of the M -2 District, adjacent M -1 District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but rather planned side streets and alleys must be used for such access. (4) The Redevelopment Plan establishes a shared parking plan. Applicants for permits shall indicate how they will conform to the parking plan, including potential dedication of property for shared parking or public parking lots. The city shall have broad discretion in determining whether to accept ownership and maintenance of shared parking facilities. Maintenance of public parking and other public facilities may be accomplished through creation of a Downtown Service District and may include maintenance assessments or user fees. (5) The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the Redevelopment Plan. The City will engage the services of a consultant architect to assist with the review. The cost of such services may be charged to the applicant. (6) Stormwater management will be accomplished through regional stormwater facilities. Construction of the stormwater facilities may be accomplished through coordinated private improvements and public improvements, and maintenance of the stormwater facilities may be accomplished through district -wide assessments and user fees. Individual stormwater improvements that are not part of the planned regional stormwater management facilities are not permitted in the M -1 District. (Ord. 2d #3, adopted 5/10/2006) Page 3: [1] Deleted dlarson 8/24/2012 10:29 AM 156.024 RESERVED FOR FUTURE EXPANSION. § 156.025 HIGH - DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT (R -3) (A) Purpose. It is intended that the R -3 District provide for higher - density residential district where a variety of dwelling types are permitted, provided the overall density of the property meets the district goal of 12 units per acre. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. All development within this district shall be submitted for consideration through the Planned Unit Development process. A site submitted for Planned Unit Development in this district shall be a minimum of two acres. (B) Permitted uses and structures. (1) Multi - family projects. (2) Single - family attached or detached dwellings where in combination with multi - family dwellings on the development property meet the district density goal; (3) Accessory uses; (4) Daycare facility; Home occupations. Public parks and buildings. (C) Special Requirements. Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. These nonconforming uses may be repaired and maintained and are allowed minor improvements that do not expand the use. In making decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the integrity of surrounding residential neighborhoods. Development or redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. No development in this district is permitted without city water and sanitary service. Appendix A, lot and yard requirements shall apply to this district. Appendix A is hereby amended by adding requirements for R -3 as shown on the attached Exhibit A. (Ord. 2d, #45, Added 02/02/2010) § 156.026 THROUGH TABLE 156 -A.1 District Allowed Uses 8/15/2015 Use Category and Use Type 4 Q- 4 y 4 ^ 4 Agricultural Uses Crop production and vegetable gardening I Produce stands for products raised on the premises 1 Tree nurseries and sod farms 1 Horses, livestock and fowl, not exceeding a density of one horse or livestock animal per acre or three fowl per acre Group Living Uses Nursing homes C Residential -Care, Licensed In -Home for six or Fewer P P P P P P P P Persons Residential -Care, Licensed for More than six Persons C C C Specialized Care Facilities C Household Living Uses Single - family detached dwellings at a density not exceeding one home per ten acres Single - family detached dwellings P P P P Single - family attached dwellings with up to two dwelling units per building Single- family attached dwellings with up to four dwelling units per building Single-family attached dwellings with up to twelve dwelling units per acre Single-family attached or detached dwellings where in combination with multi - family dwellings on the PUD development property meet the district density goal Multi - family projects PUD PUD PUD Public parks and recreation uses P P P P P P P Residential accessory uses P P P P P P Home Occupations P P P P P Commercial Uses Adult and Sexually oriented businesses as further regulated in this code Animal clinics without boarding C Automobile and motorized equipment sales and service, excluding salvage operations Barber/beauty salons P PUD PUD Building Supply sales and storage yards C Business and Professional Offices P P PUD PUD Car washes P TABLE 156 -A.1 District Allowed Uses 8/15/2015 Use Category and Use Type 4 QI Q Q- Q ' a Q ^ ■ 4 4 Commercial schools P Commercial recreation P C PUD PUD Construction trade offices and yards P Day care in- home-licensed P P P P P P Day care facility C C C C C P C C Eating and drinking establishments P PUD PUD Farm Implement sales and service C Financial institutions P PUD PUD Full service and self service fuel sales and service P C Funeral homes and mortuaries C Hospitals C Hotels and motels P PUD Liquor stores P PUD PUD Medical Clinic P PUD PUD Machine and repair shops- inside building only C P Personal and professional business offices P P PUD PUD Public buildings C C C C C C P P PUD Theatres and recreational businesses conducted within P PUD structures. Retail sales and service, but excluding adult- oriented I i i I P PUD PUD businesses Industrial Uses Indoor Shooting/Archery Range and Sales P Kennels and Animal Boarding C Machine and repair shops P Manufacturing, processing, assembly except recycling and P waste Mini - Storage C Research Facility, excluding animal or livestock P Truck Terminal C Warehouse/Distribution P CODES Interim Use I Permitted Use P Conditional Use C Planned Unit Development PUD SECTION XXX - SNOWMOBILES [AND ALL TARRAXN V88ICLES (ATVS)] XXX.O1 - APPLICABILITY This ordinance applies to the operation of snowmobiles on public lands and waters, and private property within the jurisdiction of the City and on streets and highways within the boundaries of the City. XXX.02 - DEFINITIONS The words, combination of words, terms or phrases used in this ordinance and defined in Minnesota Statutes, Section 84.81, shall have the meanings given them by that section. XXX.03 - ADOPTION OF STATE LAW BY REFERENCE The provisions of Minnesota Statutes, Sections 84.82pertaining to registration, 84,87pertaining to snowmobile operation and regulations by municipalities, 84.871 pertaining to equipment requirements, 84.872 pertaining to youthful snowmobile operators, 84.88pertaining to penalties are adopted and made a part of this ordinance as if set out in full. [The provisions of Minnesota Statutes, Sections 84.9et.al. pertaining to ATV regulations are adopted and made a part of this ordinance as if set out in full.) XXX.04 - OPERATION WITHIN THE CITY LIMITS, SNOWMOBILES [The City Council, may, from time to time, adopt an official map defining the boundaries of a No Snowmobile Zone within which snowmobiling, including recreational riding on your own property, is prohibited in order to protect the safety of snowmobilers and citizens of the City.] A. Within the City, snowmobiles may be operated for recreational purposes on: 1. Property you own, 2. Property for which you have written permission in your possession to ride, 3. Over _ Lake [and Lake] (when safely iced over), when legally accessed as defined in this ordinance and not closer than 100 feet from the shoreline, skating rinks, fish houses, and pedestrians, and 4. [Over the Rice Creek Snowmobile Trail, when legally accessed as defined in this ordinance]. B. Within the City of _ , travel through the City on a snowmobile may occur within the bottom or outside slope of the ditches adjacent to County Roads and State Highways. In cases where paved trails or sidewalks are located on one side of the County Road or Highway, travel shall be limited to the side without the paved trail or sidewalk. In no case shall travel occur through a designated No Snowmobile Zone on the above - identified roads or highways. C. For local access to the above- identified through -city travel routes, snowmobiles may travel on the right hand side of local streets on the paved surface within the curb line from the operator's place of residence to the travel route via the most direct route. Any return trip must occur in the same manner. Travel for local access shall be at a rate not to exceed fifteen (15) miles per hour. Snowmobiles must travel single file in this instance. D. Additionally, a snowmobile may be operated upon a local street for the sole purpose of leaving and returning to a place of residence, provided that the travel is limited to the shortest possible route between the residence and a restaurant or a gasoline filling station. E. Lakes may be accessed directly from private property, by trailering sleds to a public boat landing, or via local access as defined above. F. Within the City of , snowmobiles shall not be operated 1. On public lands, including but not limited to: public parks, playgrounds, trails, sidewalks, paths, open spaces, scenic and historic sites, cemeteries, schools, golf courses, and other public buildings and structures. 2. Within one hundred (100) feet of any fisherman, fish house, shelter, pedestrian, skating rink, sliding area or in any other area where such operation would conflict with the use or endanger other persons or property. 3. At any place, while under the influence of intoxicating liquor, narcotics or habit - forming drugs 4. At a rate of speed greater than posted for the County Road or Highway, or reasonable for the surrounding circumstances, and in the case of local access, not to exceed twenty (20) miles per hour. 5. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto G. Snowmobiles shall not be operated between the hours of 12:01 a.m. and 7 :00 a.m., except for emergency purposes or except if the operator is returning to his residence at a speed not in excess of twenty (20) miles per hour. XXX.98 - APPLICATION OF OTHER LAWS The provisions of Minnesota Statutes, Chapter 169, pertaining to traffic regulations, which relate to the use and operation of snowmobiles, shall apply to the use and operation of snowmobiles upon the streets and highways of the City. However, those provisions which by their nature have no application shall not apply. XXX.99 - PENALTY Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment of not more than ninety (90) days, or both, plus costs of prosecution in either case. DRAFT DRAFT DRAFT 8/24/2012 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # SECOND SERIES AN ORDINANCE AMENDING CITY CODE , CHAPTER 156, SECTIONS 156.016- 156.052 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. City Code, Chapter 156, Section 156.016 through 156.052 is hereby amended to read as follows: § 156.016 RURAL RESIDENTIAL DISTRICT (R -1). (A) Purpose. The purpose of the R -1 District is to allow agricultural activities and nonsewered residential dwellings as interim uses of the land. The city has limited vacant land for development and all land in the city is planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the city and the incompatibilities which often exist between agricultural and nonagricultural uses, permitted uses in the R -1 District will not reflect intensive commercial agricultural uses. (B) Permitted uses. See Table 156 -A.1 (C) Special requirements. Agricultural uses are permitted in the R -1 District subject to the following requirements: (1) Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not be located within 300 feet of a neighboring property; and (2) Accessory farm buildings shall not be erected within 100 feet of a neighboring property. § 156.017 HIGH- DENSITY SINGLE - FAMILY RESIDENTIAL DISTRICT (R -2A). (A) Purpose. It is intended that the R -2A District provide for higher- density single - family detached, attached and multiple - dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. (B) Permitted uses and structures. See Table 156-A.1 (B) Conditional uses. See Table 156 -A.1 DRAFT DRAFT DRAFT 8/24/2012 § 156.018 SINGLE - FAMILY RESIDENTIAL DISTRICT (R -2). (A) Purpose. It is intended that the R -2 District provide for lower- density traditional single - family detached dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. (B) Permitted uses and structures. See Table 156 -A.1 § 156.019 SINGLE - FAMILY MANUFACTURED HOUSING DISTRICT (R -4). (A) Purpose. It is intended that the R-4 District provide for high- density single - family, detached residential opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. (B) Permitted uses and structures. See Table 156 -A.1 (C) Special requirements. Manufactured homes are permitted in all residential districts if they meet the design criteria for those districts. All other manufactured homes shall be located only in designated manufactured home districts which meet the requirements of this chapter. The general intent of this district is to provide for manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities as other residential areas (1) Manufactured homes shall not be parked on any public street or on any tract of land except as provided in this section. Emergency or temporary stopping or parking is permitted on a public street for not longer than three hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that public street. (2) No more than one manufactured home may be located on any single parcel of land. (3) The manufactured home bottom shall be constructed on a continuous perimeter footing and foundation meeting the requirements of the Building Code for residential structures. (D) Planned Unit Development Required. No person shall erect, establish, extend or enlarge a manufactured housing development, park, or cooperative within the limits of the city without first obtaining approval as a planned unit development from the City Council upon receipt of the recommendation of the Planning and Zoning Commission. Approval shall be granted only upon compliance with all the following: (1) Compliance with all other terms of this zoning chapter; DRAFT DRAFT DRAFT 8/24/2012 (2) Compliance with all the terms of Chapter 153; and (3) The proposed development must be located in the city's urban service area as shown in the comprehensive development plan, and all manufactured homes must be individually served by public utilities as required for all new residential dwellings. § 156.020 SINGLE - FAMILY RESIDENTIAL - ESTATE DISTRICT (R -5). (A) Purpose. It is intended that the R -5 District provide for low- density traditional single - family residential where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. (B) Permitted uses. See Table 156-A.1 § 156.021 HIGH- DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT (R -3). (A) Purpose. It is intended that the R -3 District provide for higher- density residential district where a variety of dwelling types are permitted, provided the overall density of the property meets the district goal of 12 units per acre. The design and circulation of new residential areas are also intended to be complementary with and enhance the community's small -town atmosphere. All development within the district shall be submitted for consideration through the Planned Unit Development process. A site submitted for Planned Unit Development in this district shall be a minimum of two acres. (B) Permitted and conditional uses and structures. See Table 156 -A.1 (C) Special Requirements. (1) Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. These nonconforming uses may be repaired and maintained and are allowed minor improvements that do not expand the use. (2) In making decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the integrity of surrounding residential neighborhoods. Development or redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (3) No development in this district is permitted without city water and sanitary service. DRAFT DRAFT DRAFT 8/24/2012 (4) Appendix A, "District Regulations Lot and Yard Requirements" is hereby amended to include requirements that shall apply to this district. (Ord. 2d, #45, Added 02/02/2010) § 156.022 THROUGH 156.029 RESERVED FOR FUTURE EXPANSION. § 156.030 COMMERCIAL DISTRICT (B -1). (A) Purpose. It is intended that the B -1 District provide opportunities for retail and service business uses which require larger development sites, highway visibility or highway access. (B) General minimum requirements. The following minimum requirements, as set forth, shall apply to all buildings that may be erected, converted or structurally altered in commercial districts. (C) Off-street parking. Off - street parking shall be provided as required in this chapter. (D) Buffer zone between commercial and residential districts. Where a commercial district abuts a residential district, any new development shall include a buffer zone. There shall be a protective strip of not less than ten feet in width. This protective strip shall contain no structures, shall not be used for parking, off - street loading or storage, and shall be landscaped. The landscape treatment shall include a compact screen wall or fence, but shall not extend within 15 feet of the street right -of -way. The planting or fence design must be approved by the site plan review process. The site plan review process requires review by the Planning and Zoning Committee and the City Council, as set forth in this chapter. (E) Screening requirements. If the City Council requires any type of screening as a condition for a variance, conditional use, or interim use permit, the applicant shall comply with the following conditions: (1) File a copy of the screening plans with the Zoning Administrator; (2) The screening, planting or construction, or both shall be complete within one year from the date of the building permit, subject to extension by the City Council; and (3) The screening shall be maintained after completion. (F) Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface area of the land within a parking area shall be landscaped with grass and shrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis. Green areas within abutting street rights -of -way will also be maintained by the property owner. Other requirements are set forth in this chapter. (G) Accessory Structures. Garages, accessory structures, screen walls, buildings and exposed areas of retaining walls shall be of similar type, quality and appearance as the DRAFT DRAFT DRAFT 8/24/2012 principal structure. The height of an accessory structure shall not exceed the height of the principal structure. (H) Permitted encroachments. The following shall not be considered as encroachments on setbacks subject to other conditions within this chapter: off - street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as hereinafter amended. (I) Driveways. (1) No driveway shall be located within 100 feet of any right -of -way line of a street intersection. The distances shall be measured along the property line from the corner right -of -way and county line. (2) Access drive onto county roads shall require a review by the City Engineer. This review shall be measured along the property line from the corner right -of -way and county line. (J) Refuse. (1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be out of view from the street. In no event shall containers or their enclosures be placed or maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property. (2) All garbage containers shall be screened with a suitable enclosure. (K) Permitted uses. See Table 156 -A.14 Comment: Conditional uses below were inserted to correspond with Ordinance 56, 2 Series. DL. (1) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as determined by the Planning and Zoning Commission, provided these uses are not explicitly mentioned as permitted or conditional uses elsewhere in this Chapter. (Ord. 2d, #40. Amended 12/22/2010) (L) Conditional uses. (1) Automotive vehicle and motorized equipment sales and service, excluding salvage operations, provided; (a) the outside sales lot shall not be larger in square footage than two times the square footage of the building devoted to the related business. (b) the sales lot used to park vehicles to be sold or serviced shall be a separate and distinct from the area of the premises used to park vehicles necessary to satisfy the minimum parking required by this Code. (c) all repair assembly disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles that are inoperable or are missing body parts shall be stored inside a building or in a properly screened area, provided however DRAFT DRAFT DRAFT 8/24/2012 that vehicles which are inoperable, missing body parts, or are unlicensed may not be stored outside a building longer than 90 days or in a properly screened area, provided however that vehicles which are inoperable, missing body parts, or are unlicensed may not be stored outside a building longer than 90 days. (2) Farm implements sales and service; (a) the outside equipment storage lot shall not be larger in square footage than two times the square footage of the building devoted to the related business (b) all repair assembly disassembly or maintenance of vehicles and implements shall occur within a closed building except minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles that are inoperable or are missing body parts shall be stored inside a building. (3) Building supply sales and storage yards; (a) the outside equipment and inventory storage lot shall not be larger in square footage than two times the square footage of the building devoted to the related business. (4) Funeral homes and mortuaries; (5) Animal clinics. (Ord. 2d, #53. Amended 5/9/2012) (M) Commercial exterior building materials. (1) Except as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial buildings shall consist of face brick, finished block or other textured masonry product approved by the Planning and Zoning Commission. (2) Exceptions to all masonry exteriors may be considered and approved by the Planning and Zoning Commission provided the following findings are met: (a) The combination of exterior materials is used as an architectural complement to the structure; (b) The combination of exterior materials used is not inconsistent with the quality and appearance used on similar buildings in the same zoning district or neighborhood; (c) Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed; and l (d) An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior wall. (3) Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. DRAFT DRAFT DRAFT 8/24/2012 (N) Interim uses in B -1 District. (1) Industrial uses that existed on a site in the I -1 Industrial district as a legal, fully conforming use prior to the site being rezoned from 1 -1 to B -1, may continue and be expanded on that site as if located in an I -1 District until the use is changed to a use that is permitted in this district. After it is changed to a use permitted the B -1 district, it may not thereafter be used except as permitted in this district. Where the proposed change from I -1 to B -2 has been initiated by the City, the Planning and Zoning Commission shall simultaneously with making such zoning change, determine whether such parcel is a fully conforming industrial use qualifying for interim use status. Where a positive determination is made, the action shall be filed with the Anoka County Recorder. (Ord. 2d, #37, Amended 9/22/2010, Ord. 2d # 46, amended 03/23/2011) Cross - reference: Setbacks, see Appendix A, Table I, Schedule of District Regulations Lot and Yard Requirements and Table 156 -A.1 District Allowed Uses Signs, see Chapter 152 §§ 156.031 THROUGH 156.039 RESERVED FOR FUTURE EXPANSION. § 156.040 INDUSTRIAL DISTRICT (I -1). (A) Purpose. It is intended that the I -1 District provide opportunities for light manufacturing and industrial uses, trade businesses, machine shops and other more extensive land uses. (B) General minimum requirements. The following minimum requirements, as set forth herein, shall apply to all buildings that may be erected, converted or structurally altered in industrial districts. (C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District Regulations Lot and Yard Requirements. In addition, side yards facing streets on corner lots shall be considered the same as front yards. Where a front yard or side yard of a comer lot faces a residential district across a street, the setback from the street shall be not less than 60 feet. (D) Off-street parking. Off - street parking shall be provided as required by this chapter. All open street parking areas having more than six parking spaces shall be effectively screened by a wall, fence of acceptable design or compact hedge along all sides which adjoin or are directly across the street from the property in a residential zone or institutional use. The wall, fence or hedge shall be maintained in good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for advertising purposes; (E) Buffer zone between industrial and residential districts. Where the side yard of any industrial district abuts a residential district, the minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted within 40 feet of the side yard line. All side yard DRAFT DRAFT DRAFT 8/24/2012 areas not utilized for parking shall be landscaped with screening provided along the side lot line to within 15 feet of any public right -of -way. (F) Screening requirements. If the City Council requires any type of screening as a condition for a variance or, conditional use, or interim use the applicant shall comply with the following conditions: (1) File a copy of the screening plans with the Zoning Administrator; (2) The screening, planting or construction, or both shall be complete within one year from the date of building permit, subject to extension by the City Council; (3) The screening shall be maintained after completion; and (4) A dollar amount of one and one -half times the estimated cost of planting and construction of the screening shall be filed with the city in the form of a cash escrow or letter of credit. The cash escrow or letter of credit amount shall be forfeited to the city if any provisions of this section are violated. (G) Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface area of the land within a parking area shall be landscaped with grass and shrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis. Green areas within abutting street rights -of -way will also be maintained by the property owner. Additional landscaping regulations are set forth in § 156.116. (H) Accessory structures. Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type, quality and appearance as the principal structure. Accessory structures shall comply with other requirements of this chapter. (I) Permitted encroachments. The following shall not be considered as encroachments on setbacks subject to other conditions within this chapter: off - street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as hereinafter amended. (J) Driveways. (1) No driveway shall be located within 100 feet of any right -of -way line of a street intersection. This distance shall be measured along the property line from the corner right -of -way line. (2) Access drives onto county roads shall require a review by the City Engineer. (K) Refuse. (1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be out of view from the street. In no event shall containers or their enclosures I! I II , DRAFT DRAFT DRAFT 8/24/2012 be placed or maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property. (2) All garbage containers shall be screened with a suitable enclosure. (L) Loading facilities. Loading facilities shall be on the side of rear yards. When adjacent to and /or visible from any public street, the facilities must be adequately screened. (M) Storage. For the purpose of this zoning district, car, vans and pickup trucks parked outside and used by employees and/or visitors in the normal course of the business operation will not be construed to be outdoor storage. Further, outside parked trucks and semi - trailers used in the normal business commerce will not be construed to be outdoor storage: (1) Provided that the total number of trucks and semi - trailers does not exceed the number of docks and/or bay doors; and (2) This use is not construed as an operation listed as a conditional use in any industrial zone. (N) Permitted uses. See Table 156 -A.1 (1) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as determined by the Planning and Zoning Commission, provided these uses are not explicitly mentioned as permitted or conditional uses elsewhere in this Chapter. (Ord. 2d, #40. Amended 12/22/2010) (0) Conditional uses. See Table 156 -A.1 (P) Industrial exterior building materials. Industrial buildings are required to be constructed of brick, decorative block or approved textured masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Cross - reference: Signs, see Chapter 152 Adult business licensing, see Chapter 110 §§ 156.041 THROUGH 156.049 RESERVED FOR FUTURE EXPANSION. § 156.050 PUBLIC/INSTITUTIONAL DISTRICT (P -1). (A) Purpose. It is intended that the P -1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. (B) Permitted uses. DRAFT DRAFT DRAFT • 8/24/2012 (1) Government buildings, structures, facilities, utilities, rights -of -way, easements, parks, open spaces and vacant land; and (2) Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. § 156.051 MIXED USE DISTRICT (M -I). (A) Purpose. It is intended that the M -1 District implement the "Master Plan and Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 (the "Redevelopment Plan"), and provide for the unique layout and character of a traditional central business district with retail, professional office, accessory residential and other mixed uses. (B) Permitted uses. See Table 156 -A.1 (C) Special requirements. The following special requirements are intended to implement the Redevelopment Plan, which is incorporated herein by reference. (1) Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. Additions to a nonconforming single - family residential structure may be allowed, provided the square footage of the main floor of the home is not increased by more than 33% from that which existed on January 11, 2006. Also, accessory buildings or uncovered decks and porches may be constructed in conjunction with nonconforming single - family uses, provided they meet all of the conditions, including setbacks, as required in the R -2 Single Family District. (Ord. 2d #36, amended 7/14/2010) (2) In making decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the integrity of the M -1 District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but rather planned side streets and alleys must be used for such access. (4) The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the Redevelopment Plan. The city will engage the services of a consultant architect to assist with the review. The cost of such services may be charged to the applicant. (5) Stormwater management will be accomplished through regional stormwater facilities. Construction of the stormwater facilities may be accomplished through coordinated private improvements and public improvements, and maintenance of the stormwater facilities may be accomplished through district -wide assessments and user fees. Individual stormwater DRAFT DRAFT DRAFT 8/24/2012 improvements that are not part of the planned regional stormwater management facilities are not permitted in the M -2 District. (Ord. 2d, #3. Amended 5/10/2006) _ - - - { Comment: M -2 is missing. DL ) § 156.052 MIXED USE NEIGHBORHOOD DISTRICT (M -2). (A)Purpose. It is intended that the M -2 District implement the "Master Plan and Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 ( "The Redevelopment Plan"), and provide for higher density residential uses and accessory retain and office uses to complement the adjoining M -1 District and existing neighborhoods. (B) Permitted Uses. See Table 156 -A.1 (1) Residential uses with a density between 12 and 30 units per acre. (2) Ground level retail or offices up to 25% of a structure, provided that the use is on a corner lot. (C) Special Requirements. The following special requirements are intended to implement the Redevelopment plan, which is incorporated herein by reference. (1) Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. Additions to a nonconforming single - family residential structure may be allowed, provided the square footage of the main floor of the home is not increased by more than 33% from that which existed on January 11, 2006. Also, accessory buildings or uncovered decks and porches may be constructed in conjunction with nonconforming single - family uses, provided they meet all of the conditions, including setbacks, as required in the R -2 Single Family District. (Ord. 2d #36, amended 7/14/2010) (2) In making decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the integrity of the M -2 District, adjacent M -1 District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but rather planned side streets and alleys must be used for such access. (4) The Redevelopment Plan establishes a shared parking plan. Applicants for permits shall indicate how they will conform to the parking plan, including potential dedication of property for shared parking or public parking lots. The city shall have broad discretion in determining whether to accept ownership and maintenance of shared parking facilities. Maintenance of public parking and other public facilities may be accomplished through creation of a Downtown Service District and may include maintenance assessments or user fees. DRAFT DRAFT DRAFT 8/24/2012 (5) The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the Redevelopment Plan. The City will engage the services of a consultant architect to assist with the review. The cost of such services may be charged to the applicant. (6) Stormwater management will be accomplished through regional stormwater facilities. Construction of the stormwater facilities may be accomplished through coordinated private improvements and public improvements, and maintenance of the stormwater facilities may be accomplished through district -wide assessments and user fees. Individual stormwater improvements that are not part of the planned regional stormwater management facilities are not permitted in the M -1 District. (Ord. 2d #3, adopted 5/10/2006) Section 2. Table 156 -A.1 is hereby adopted and incorporated into City Code Chapter 156. Section 2. Effective Date: This ordinance shall be effective immediately upon its passage and publication of the summary attached as Exhibit A, according to law. PASSED AND DULY ADOPTED this day of , 2012 by the City Council of the City of Centerville. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk DRAFT DRAFT DRAFT 8/24/2012 Exhibit A Summary of Ordinance _ , Second Series Notice is hereby given, that on , 2012, Ordinance Number _ , Second Series, entitled "AN ORDINANCE AMENDING CITY CODE, CHAPTER 156 Sections 156.016- 156.052 Zoning Districts," was adopted by the City Council of Centerville, Minnesota. Notice is further given that due to the lengthy nature of the ordinance, the City Council has directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4. Notice is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429- 3232. Notice is further given that the general purpose of the ordinance is to restate the zoning use districts and incorporate a chart of allowed uses. Section 1. This section amends Chapter 156, section 156..016- 156.052 restating the zoning districts. Section 2. This section adopts Table 156 -A.1 District Allowed Uses. Section 2. This section provides for an effective date of the ordinance upon publication of this summary. Notice is further given that the Council has by a minimum 4/5 vote approved this public notice on the day of , 2012. Teresa Bender, City Clerk Published in the Citizen on , 2012 ■ c Iva Siwldli.17 CITY OF CENTERVILLE CONDITIONAL USE PERMIT REQUEST NAME: David Wheeler FEE: $250.00 + $500.00 Deposit COMPANY: Miller Mobile Marine PAID: 4"g.1Z, oa e ,50i1 ADDRESS: 197 Forest Road, East Bethel TELEPHONE NUMBER: 65 1 - 214 -3721 STREET LOCATION OF PROPERTY: 6995 - 20th Avenue South PROPERTY IDENTIFICATION NUMBER: PIN #R23- 31 -22 -41 -0052 LEGAL DESCRIPTION OF PROPERTY: OUTLOT A CENTER VILLA, EX RD, SUBJ TO EASE OF REC SIZE OF PARCEL(S): E668'300 (Lot Size: Approximate lot size in feet, clockwise beginning with the direction the lot faces) CONDITIONAL USE PERMIT REQUEST: Property is zoned B -1 (Commercial) does not allow for cleaning of boats, light repair (excluding fluids) and indoor storage of boats and motorcycles. R e i e :4 / ' " •7 1 7' o le /Ice ,e; 4ip7 7%c �DLbC L Srrvr f o /sue ezfrr�•< 1 .7 /- �h 6 p'tcp /w' H,e,.Lvgfc I have read the attached City Code, Section 156.030 pertaining to the B -1 Zoning District and the need to apply for a Conditional Use permit. I have also read th attach.. City Code, Section 156.320 pertaining to Conditional Uses also. By paying th bove . ed fee, 1 ..dens ..d that no refunds will be issued in full or in part, at any item, even if the outcome i ..al. Signature of Applicant 4 Signature of Property Owner r , 3 6 , 0 Date �� ' 7 ' ' 1 (Office Use Only Below This Line) PLANNING & ZONING ACTION: CITY COUNCIL ACTION: CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on August 7, 2012, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Thomas Wood Commissioner Russ Koski C Commissioner Olaf Lee Commissioner Matthew Montain { Commissioner Eric Larson n ABSENT: Commissioner James Flint STAFF: Administrator Dallas Larson OTHERS PRESENT: Council Member D. Love I. CALL TO ORDER - The meeting was called to order by Chairman Mosher at 6:40 p.m.. 1. Roll Call II. PUBLIC HEARING — None. III. OLD BUSINESS - Snowmobile Regulations. The Commission reviewed a draft snowmobile regulation that is also being considered by Circle Pines, Lexington and Lino Lakes. The proposed draft significantly reduces the amount of regulations in the code and would instead rely on state law for most rules. Major changes in the text include a speed limit of 15 mph rather than the current 10 mph, and a single limit for hours of operation rather than a separate more limiting weekday rule. The Commission recommended that the text in paragraph XXX.03, A, 3, be changed to provide a fifty foot operating limit from a lake shoreline instead of 100 feet. The matter was tabled to September to see what the other cities have for comments. IV. NEW BUSINESS - Zoning Districts. City Administrator Larson presented a proposal to modify the code to list the allowed uses in a grid format rather than listing them in each section. The grid would be easier to use and at the same time shorten the code by about four pages. Consensus was that the format would be an improvement. The Commission reviewed the grid and the uses in each zoning district. Several modifications were suggested to allow more uses in the districts as either conditional or planned unit developments. The next step would be to schedule a public hearing to give public notice of the changes to the code. Page 1 of 2 City of Centerville Planning and Zoning Commission August 7, 2012 Motion by Commissioner Larson, seconded by Commissioner Koski to schedule a public hearing on the code changes for September 4, 2012, at 6:30 p.m. All in favor. Motion carried unanimously. IV. DISCUSSION ITEMS - None. VI. CONSIDERATION OF MINUTES Motion by Commissioner Larson, seconded by Commissioner Wood to approve minutes from the July 3, 2012, meeting. All in favor. Motion carried unanimously. VII. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT Motion by Commissioner Wood, seconded by Commissioner Koski to adjourn the meeting at 7:54 p.m. All in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator Page 2 of 2