7.6.
| CC Regular Session |
| Meeting Date: | 07/09/2024 |
| Primary Strategic Plan Initiative: | {ud_pd8} |
Information
Title:
Introduce Ordinance #24-10: Zoning Code Updates
Purpose/Background:
When the new Zoning Code was adopted last year, it capped off a major re-write of the zoning regulations for the community. As it has been in practice for six months, staff has noted some things that need clarification or correction. Chapter 106 has been found to have some misspelled words, incorrect section references, and some formatting issues. Staff has been working with our legal publisher to fix these issues. The substantive changes, however, require the adoption of an ordinance to fix. Below is an explanation of the proposed changes.
Section 106-202 - Required sureties and financial guarantees
When a newly-constructed house is completed in the winter months, it is common for the landscaping and driveways not to be installed due to weather. Staff cannot prevent occupancy of the home due to those site items not being in place, but we can collect an escrow guaranteeing they'll be installed when the weather improves. The landscaping escrow was inserted into Code, but the driveway escrow was inadvertently left out. Many times, only one of the two escrows are needed, hence the separate sections.
Section 106-236 - Home occupation permits (procedures) and 106-425. - Performance Standards (home occupations)
In these two sections, it was unclear which HOP needed Planning Commission and City Council review (Type-II) and which did not (Type-I). There were several references to "interim use" from when it was proposed to have HOPs as a subset to interim uses. It was later determined that it made sense to split the home occupations apart from interim uses and not all of the subsections were updated.
Section 106-310 - Lighting
Three different concepts are proposed to be modified: First, what was adopted noted residential zoned property. The intent was for shorter light poles near residential uses. The adopted text left out PUDs and mixed-use zoning (COR). Second, the height of 20 feet for freestanding poles was used with the Hilton Home2Suites project next to Northart Ramsey Apartments, so that height was used instead of the adopted 15 feet. Third, there was confusion about how a shared parking lot or driveway that has a property line running though should be treated as strict interpretation would require dimmer light levels along that line.
Section 106-331 - Wind energy conversion systems (WECS)
The adopted ordinance only allows for smaller, household-sized systems to be reviewed administratively, similar to how household-scale solar is reviewed via a building permit. A clause stating that the City Council can deny a project based on architectural integration was carried over from the old Zoning Code and should be updated for the adopted review procedures to include the zoning administrator instead.
Section 106-422 - Accessory Uses (Residential)
Accessory Dwelling Units (ADU) are allowed in most of the residential districts. Two of the single-family districts are shown as prohibited (R-1B and R-1C). The performance standards require a minimum lot width of 80 feet for an attached ADU and one acre for a detached ADU. The minimum lot width and area in these two districts are smaller than what is required, but it is possible for larger lots to comply with the standards.
Section 106-450 - Accessory Structures (Residential)
This section was unclear about the height of detached accessory structures in the front and side yards.
Section 106-621 - Principal Uses (COR)
One goal of the Zoning Code update was to be consistent with terminology. One inconsistency slipped through--Gas Stations versus Motor Fuel Station. The latter is the term used in the business districts and definitions.
Section 106-202 - Required sureties and financial guarantees
When a newly-constructed house is completed in the winter months, it is common for the landscaping and driveways not to be installed due to weather. Staff cannot prevent occupancy of the home due to those site items not being in place, but we can collect an escrow guaranteeing they'll be installed when the weather improves. The landscaping escrow was inserted into Code, but the driveway escrow was inadvertently left out. Many times, only one of the two escrows are needed, hence the separate sections.
Section 106-236 - Home occupation permits (procedures) and 106-425. - Performance Standards (home occupations)
In these two sections, it was unclear which HOP needed Planning Commission and City Council review (Type-II) and which did not (Type-I). There were several references to "interim use" from when it was proposed to have HOPs as a subset to interim uses. It was later determined that it made sense to split the home occupations apart from interim uses and not all of the subsections were updated.
Section 106-310 - Lighting
Three different concepts are proposed to be modified: First, what was adopted noted residential zoned property. The intent was for shorter light poles near residential uses. The adopted text left out PUDs and mixed-use zoning (COR). Second, the height of 20 feet for freestanding poles was used with the Hilton Home2Suites project next to Northart Ramsey Apartments, so that height was used instead of the adopted 15 feet. Third, there was confusion about how a shared parking lot or driveway that has a property line running though should be treated as strict interpretation would require dimmer light levels along that line.
Section 106-331 - Wind energy conversion systems (WECS)
The adopted ordinance only allows for smaller, household-sized systems to be reviewed administratively, similar to how household-scale solar is reviewed via a building permit. A clause stating that the City Council can deny a project based on architectural integration was carried over from the old Zoning Code and should be updated for the adopted review procedures to include the zoning administrator instead.
Section 106-422 - Accessory Uses (Residential)
Accessory Dwelling Units (ADU) are allowed in most of the residential districts. Two of the single-family districts are shown as prohibited (R-1B and R-1C). The performance standards require a minimum lot width of 80 feet for an attached ADU and one acre for a detached ADU. The minimum lot width and area in these two districts are smaller than what is required, but it is possible for larger lots to comply with the standards.
Section 106-450 - Accessory Structures (Residential)
This section was unclear about the height of detached accessory structures in the front and side yards.
Section 106-621 - Principal Uses (COR)
One goal of the Zoning Code update was to be consistent with terminology. One inconsistency slipped through--Gas Stations versus Motor Fuel Station. The latter is the term used in the business districts and definitions.
Notification:
A public hearing notice was placed in the June 14 Anoka Union Herald Newspaper.
Time Frame/Observations/Alternatives:
Alternatives to consider:
1. Recommend approval of the ordinance as presented by staff.
2. Make modifications to the ordinance.
3. Recommend denial of the ordinance keeping the existing language in place.
1. Recommend approval of the ordinance as presented by staff.
2. Make modifications to the ordinance.
3. Recommend denial of the ordinance keeping the existing language in place.
Funding Source:
Costs associated with this project are a part of staff's normal duties.
Recommendation:
At its meeting on June 27, 2024, the Planning Commission unanimously recommended approval of the amendment ordinance.
Outcome/Action:
Motion to introduce Ordinance #24-10 amending various sections of Chapter 106 - Zoning Code.
Roll Call Vote:
Councilmember Olson
Councilmember Woestehoff
Councilmember Specht
Councilmember Musgrove
Councilmember Howell
Councilmember Riley
Mayor Kuzma
Roll Call Vote:
Councilmember Olson
Councilmember Woestehoff
Councilmember Specht
Councilmember Musgrove
Councilmember Howell
Councilmember Riley
Mayor Kuzma
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Brian Hagen | Brian Hagen | 07/03/2024 12:05 PM |
- Form Started By:
- Todd Larson
- Started On:
- 06/27/2024 08:35 PM
- Final Approval Date:
- 07/03/2024