HomeMy WebLinkAbout2010-06-08 Handout @ Meeting Memorandum Bonestroo
To: City of Centerville City 2335 Highway 36 W
Council and Planning Project: Zoning Issues Date: 3/23/10 St. Paul, MN 55113
Commission Tel 651- 636 -4600
From: Tina Goodroad and Kurt Fax 651- 636 -1311
Glaser Client: City of Centerville
www.boneWoo.com
Re: Non - conforming Uses File No:
The City Council and Planning Commission have recently been discussing the issue of
land use and zoning conflicts and non - conforming uses. This memo is intended to
provide an overview of options for the City to consider.
Land Use and Zoning Conflicts:
The City recently updated its Comprehensive Plan as required by all communities in
the Metropolitan area. A Comprehensive Plan is a long -range vision and guide for the
community's future. It is also a guide for elected officials to use when making
decisions and serves as the legal foundation for rules and regulations adopted by the
community such as the zoning ordinance and subdivision regulations.
The process undertaken included preparation of the update and recommendation by
the City for submittal to the Metropolitan Council. The Metropolitan Council has
approved the updated plan. Their authority, in reviewing updated plans is to ensure
updates by each community are not in conflict with regional systems including
transportation, parks and sanitary sewer. Plans must also demonstrate efficient use
of regional infrastructure. One of the most basic requirements to ensure efficiency is
that new residential development occur at a minimum density of 3 units per net acre
or greater. In addition, during this update Centerville made efforts to review the land
use plan to provide for higher residential densities in some areas to accommodate a
population growth beyond 5,000 people. This change, when it occurs, can open
opportunity for state aid funding of roads. It is not predicted at this time when the
growth, through new development, will occur but it is the City's role to plan for the
desired type of growth.
This update reviewed all land uses within the community and made a few changes to
areas in an attempt to provide for growth through new development and
redevelopment to expand the population and tax base, maintain density at or above 3
units an acre and provide new opportunities for life cycle housing.
When a new comprehensive plan was adopted it is important for the City to review its
zoning map and regulations to ensure the land use and zoning are not in conflict.
This does not mean that zoning districts must be exactly consistent with the land use.
The most recent land use update did result in some changes resulting in the need to
analyze the underlying zoning. The property shown on to the right was re- guided
during this update to Medium Density Residential. This was an
intentional decision to create new opportunities for future higher
density development. The underlying zoning is R -1, Rural Residential
which states a purpose "to allow agricultural activities and non -
sewered residential dwellings as interim uses of land. The city has
limited vacant land for development and all land in the city is planned
for eventual urban uses." The ordinance allows as a permitted use
single family detached but only at a density not exceeding one home
per 10 acres. This district is well set up to serve as a "holding zone"
until development. At the time a development application is made,
the city can consider a rezoning that is in line with the Medium
Density land use designation. A change to the zoning is not
necessary at this time. During the City Council discussion of all of these items it
would be beneficial to have clarified in the minutes that the maintenance of the R -1
zoning is only until sewer is available and a change in zoning will be made upon a
development application in a manner consistent with the land use designation.
A second site that should be considered for a zoning change is shown on the
right where a new High Density area was created along Co Rd 14 on the
western edge. The underlying zoning is R -2 which is limited to single family and r .
single family attached with two units. The zoning should be changed to R -2A
that allows single family attached with more than four units per building.
A final site that should be considered for a zoning change is the commercial
guided area at the south east corner of Co. Rd. 14 and Co. Rd. 54. In the
previous Comprehensive Plan this area was guided industrial and is currently
zoned I1. The updated Comprehensive Plan reguided this area Commercial to
provide for a higher land use considering the interchange improvements and
adjacent future land use in Lino Lakes which is also commercial. The City
should inventory the uses within this area and consider rezoning to B -1,
commercial so that it is not in conflict with the land use. In considering the
uses permitted in the B -1 zone the city could amend the uses allowed if deemed
necessary.
Existing single family in M1 and M2 Mixed Use districts:
The downtown redevelopment area has been in the planning stages for some time.
The City has completed extensive work preparing a redevelopment plan and has made
the decision to guide the area Mixed Use, first in the previous Comprehensive Plan
and reinforced in the updated Plan. This action is an essential and important part of
the redevelopment effort, even if the redevelopment does not immediately occur. The
area has also been rezoned to M1 and M2 from previous R -2 zoning to ensure the
zoning is not in conflict with the Comprehensive Plan. The Comprehensive Plan
designation and Mixed use zoning is "intended to provide for the unique layout and
character of a traditional central business district with retail, professional office,
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r
residential and other mixed uses." The permitted uses in this district include
traditional downtown core issues to reinforce the plan including retail, professional
offices, multiple residences, etc. Traditional single family is no longer a permitted use.
These decisions regarding land use and zoning are based on long range
redevelopment plans. The changes called for in these plans often take years,
especially considering the market conditions we are currently in. However, in light of
these challenges it is important, if the City desires to see change in this area, to
maintain this land use and zoning.
The affect of these decisions converts the existing residential uses and structures to a
legal nonconforming status. A legal nonconforming use and structure may be
continued however the current ordinance limits any improvements to only normal
maintenance of a structure including necessary nonstructural repairs and incidental
alternations, which do not extend or intensify the nonconforming use. This limitation
may inhibit an existing owner from adding a small room addition, garage addition or
other expansion that provides the owner more livability prior to redevelopment.
In order to maintain the long range vision for the area it is important the city keep the
underlying land use and zoning, however, the City may consider an amendment to the
nonconforming section that adds flexibility to existing property owners for building
additions that are in conformance with the previous R2 zoning. The current
ordinance contains some flexibility already in that construction of one detached
accessory building, not exceeding 200 sq ft will be considered an incidental alternation
to a legal non - conforming use. Also, construction an uncovered deck or porch, not
exceeding 100 sq ft, fences and construction of above ground pools up to 15 feet in
diameter shall be considered incidental alterations.
State statue does allow expansion of a nonconformity provided it's allowed by
ordinance. The City may do this through a site plan review permit approval process
and can limit the amount of building addition in terms of additional building or by
limits of the R -2 zoning. New ordinance text could be inserted into the City's
nonconforming section as follows:
(A) Nonconforming structures may not be enlarged or altered in a way that increases
their nonconformity unless in compliance with the following:
1. Expansion or alteration of a structure found to be nonconforming might be
permitted, provided the expansion complies with the requirements of the R -2 zoning
district (including setbacks) and the additional area does not exceed 25% of the total
square footage of the original structure as existing on May 23, 2006.
[City Council can consider most appropriate percent limitation or remove this limit and
simply rely on R -2 requirements]
2. Additions to detached single - family dwellings not meeting the required side
yard setback, but not less than six (6) feet from the side lot line, may have an
addition at the existing side yard setback.
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3. New decks or maintenance of existing decks shall be permitted based on
requirements of the R -2 zoning district (including setbacks).
4. A site plan shall be submitted for review and recommendation by the
Planning Commission and approval by the City Council. The City Council may place
reasonable conditions upon the request.
Making these changes to the nonconforming ordinance will give existing owners
assurance that they can maintain their home and make modest improvements to
ensure livability until such time redevelopment occurs.
If you have additional questions please contact me at
tina.goodroad@bonestroo.com or 651 - 967 -4537.
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