HomeMy WebLinkAbout5.a. Proposed Zoning Ordinance .� . . .L, . . • . •� . � � � . � �.
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TO: CiTY COUNCIL
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FROM: MICHAEL WOZNIAK, CITY PLANNER
DATE: DECEMBER 29, 1488
SUBJ: JANUARY 3, 29$9 - REGULAR MEETING REVIEWS
PROPOSED Z4NING ORDINANCE - COUNCIL REVIEW
Enclosed with this review are copies of ehe Proposed Zoning Qrdinance, the
Current Zoning Qrdinancs and a brief surnmary hi�hiighting the changes and
additians which eause the new document to ditfer frc�m the current ordinance.
Far several years City Staff has been involved in the comprehensive revision of
the City of Rosemonnt Zoning Ordinance. The Current Zoning Ordinance was
origonalty adopted in 19�2 upon merger of the Village and Towaship and altt►augh
it has been periodic�Uy amended it is a somewhat antiqaated document in terms
of addressing contemporary deveiopment in a high growth area like the Twin
Cities. The need for a more detailed, more specific and most importantly, more
enforcable ordinance has lang been recognized by City Staff. The Proposed
Zoning Ordinance which is being distributed for City Council review is a resulE
of considerable effort from Professionai Planners on t6e Gity Staf!' (Dea�
JohnsonlMike Wozniak}, from a Planning Cansu}tant (The Hoisington Group}, and
has also recieved extensive r�view from the Planning Commission over a period
af approximately two years.
The purpose of distributing the Proposed �oning Ordinance at this time is to
initiate City Council review. The preEerence of City Staf€ is to work towards
City Council adoption of the new ardinance by March 1989 st� that it is in place
for the coming eonstruction season. Date ef adoption realiy depends on whether
or not the Council Members oi� Mayor have any major conceras regardin�
provisions of the ordinance which might detay adoption.
I am recommending that the City Council utitize the fQllowing procedure to
review the Praposed Zoning Qrdinance:
, i. Schedule a Special City Council Meeting for Tuesday, 3anuary 31,
1989, specificalty !'or the purpose e�f reviewing the Proposed 2oning
ardinance. The format of this Speeial Meetiag should be as a
question and answer sessi�n where Staff can present in mt�re detait
the si�nificant or controversiai aspects a[ the new ordinance and
where Gouncil Members can identify specific concerns and open them
for Council Discussion. I vyould aiso suggest that this Special
Meeting be set up as a joint meeting with the Pianning Cornmission
such that comment and discussion may be recieved from batb bodies
which must act on the Ordinance. -
2. Between the January 3rd Councit Meeting and the January 31st
Special Council Meeting the Mayor and Cauncil Members shoul�i
review ihe proposed ordinance to determine if there are any major
concerns or recc�mmendatians for change. During titis period
questions regarding the cor►teni af the Qrdinance may be brvughi to
my attention if further explanation or inform�tion is desirabie priUr
a f
. . . . • � . � , . .
3. Based upon the results of discnssion at the Special Meeting the
Council should be prepared to do the followit�g:
a. Set up an additionai review session if required;
b. Direct Staff to redraft the Ordinance with changes
recommended at the Specia} Meeting.
c. Establish a sehedule for further review and a tentative
Public Hearing Date far c�mment regarding the Proposed
2oning Ordinanee frvm the pubtic.
� � SUMMARY O�HANGES IN PRUPOSED 20N1NG�DINANCE
The Planning Commission and the City Council of the City o[ Rasemount are in
the process of reviewing far adoption an amended Zoning Ordinance which
represents a cotnprehensive revision to the current Zoning Qrdinanee. The City's
current Zoning (3rdinance which was origonalIy adapted in i972 and which had
been amended from time to time, has been recognized by the City as being
antiquated in terms c�f adequately addressing the complexities o[ cegula[ing land
use in today's development climate. Chan�ing attitudes in the cammunity,
T' changing development trends and the addition af new state and federal land use
regutations have prornpted a need to undertake a cornprehensive revision o[ the
City of Rosemouat Zoning Ordinance. Development of the Proposed 2oning
Ordinance which is now under review by the Planning Commission and City
Counci� has actuatly been in progress for several years. The current draft of
the Propased �rdinance represents a culmination of efforts of both City Sta##
and Consnitants as well as a considerable amount of reuiew einne by the Planning
. Commission.
The Proposed Zoning �rdinance represents a continuation of many of the
concepts regarding the orderly regutation of land use that formed the b�sis vf
the current ordinance, hawever, the Propased Zoning Ordinanee is a much mc�re
detailed and all encompassing doeument. This sumrnary is brief sectiQn by
section descripEian caf major ehanges or additions which eause the Prpposed
Ordinance to differ fram the current Zoning Ordinance.
SE�TIQN 1•2 - whic$ indicate the name and puxpose af the Proposed Zoning
Ordinanee remain basically tke same as the current ordinance.
SECTION 3 (DEFINITIONS) - This section has been considerably expanded with
many new definitions and changes to many of ihe definfkions thaE were used in
the current zaning ordinance.
SECTION 4 {GENERAL I'RQVISIONS) - This seetions expands upon its
counterpaxt in the current ordinance to speeify new or exisCiag provisions whieh
su��est regulations vvhich �ffect all zoning districts or least severat districts.
For example this section includes provisions which regulate the conducting of a
Hame �ecupation �business run out o€ a home); Home Occwpations are permitCed
in all residential distriets and the Agricu[ture District subject ta the provisions
eited in Section 4.
SECTIQN 5 (ZONING DISTRiCTS) - This section which lists the Zoning DisEriets
indicates that the follawiag new districts have ineorporated into the Proposed
Zoning �rdinance:
RE Residential Execative Qistrict
R-2 Single Family Attached Residence District
R-3 Multipte-Family Res�dence Uistriet
It-4 Multipte-Family Residence District
C-4 Get�erat Cammercial DlsErict
SECTION 6 (DtSTRICT REGULATIONS) . This seetion of the Proposed Zoning
Ordinance lists in detail the uses which are permitted in each Zoning Uistrict.
Refer to this section for descriptions {statement of purpose) fvr the five new
districts cited above.
, • SECTION 7 (DISTRI�DEVELOPMENT REGULATIONS} is section provides
dimensional require s including yard setbaeks, hiegh�imitations, density
requirements aud open space requirements. Also included in this sectioa under
subsection 7.2 {Supplementary Regulations) are provisions which regulate
appearance of Buitdings by requiring Ehat certain types of building materials be
used in exterior construction. This section addresses building aesthetics in all
districts with partieular attenti4n directed toward Commercial and Industrial
Districts and aIso to regulating Ehe size and appearance of accessory buildings in
atl Residential Disiricts and the Agricuiture Districf (under 20 acre garcet size).
SECTiOIV' S (OFF•STREET PARKiNG, LQADING ANtli LANDSCAPIN(;� - M�st
signifieant in this section are many changes in parking requirements [or
commercial and indusirial uses from what is requited under the current
ordinanee. It has been iong recognized by the City that parking requirements in
the earrent zoni�g ardinance are samewhat excessive for certain uses and the
new standards are an attempt to eslablish a more logical ratio of parking for
many commereial uses. Atso, specific landseaping requirements are established
for all distriets whieh cite numbers of required piantings of trees and foundatian
plantings. The current zoning 4rdinance does specify that landscaping is
required for new deveiopmeat buf does not inctude any numerical requirements.
SECTION 9 {�HORELAND UVERLAY REGULATIOATS) - This sectian adds
comptetety new provisions which are not ;n��ua�a in the curreat zo�ing
ardinance. It is the intent of these shoreland overlay regulations to impose
restrictio»s in addition to those required by the underlying zoning tor the
protection af shoreland areas, the preservation and enh�neement of the quality
of surface waters and the wise utilization of water and related tand resoueces. �
The City is required to �dopt Shoreland Regulations which are in eompiiance
with Shoreland Management Regutatians of the Department o# Naturai Resources
of the State of Minnesota. In examining these regulations it is irnptsrtant tsa
remember thak wherever the undertying zoning is mare restrictive, the
requirements af the Zoniag Distriet shall apply.
SECTION 10 (SIGNS} - This section provides much expanded provisions fox the
re�ulation of signs. A large secCion of definitions of various types has been
included and more detailed information regarding permiiting r�quir�ments has
been t��i�aea. The ordinance remains reiatively strict regarding sire
requirements for sigas with the largest sign allowed being 1D0 sq. ft. (10' x lU'j
for Commereiat Developments with 1Q or more businesses. Of particular note is
that this section no longer allows permanent use of thc yellow portable signs
which have been a reai problem in the commercial districts. The poriab}e signs
are allowed to be used for a maximum of 3q days per year, to accommod�te
advertising of grand openings or special events {sales, etc.j,
SECTtON 11 (PERFORMANCE STANDARDS - ALL DISTRICTS} . This section
specifies standards by which Uses shalled be judged which because of the nature
of their operation are accompanied by excess of noise, vibration, dust dirt,
smoke, odor noxious gases, giare or wastes shall not be permitted. The
provisions of this seetion have been slightly modified frann the corresponding
provisions of the current zoning ordinance, but the intent of the sectian remains
the same.
SECTION 12 (PLANNED UNIT DEVELOPMENT "PUD") - This section specifi'cally
details Flanned Uuit Development procedures applicable to ail uses in all districts
which allow variation from ordinance provisions in order tu:
L Encourage more creative design in the develapment of land.
, , , 2. Promote v riety in the physical development p�rn of the City.
3. Create la�er ex anses of us l
g p ab e o�en space and preserve unique
natural features.
4. Preserue and provide a more desirable environment than woald be
possible under strict ordinanee requirements.
� ;
5. Permit variations in traditional tot Iayouts when hi�h standards of
desiga are imptemented and necessary services caa be provided.
6. Establish a confidenee beiween the devloper, the City and the ,
residenis of Rosemouat that is impossible with traditiona! zoning
procedure.
' This section reflecfs the same pracedures which are currently being utitized by
the City under the Current Zonin� Qrd:inance.
SECTIUN 13 (NON-CONFORMING USES} - This section places conditions on the
continuation of strnctures, uses and signs tegally exist on the effective date o[
this ordinance but which da nat conform to the provisions established in the
(proposed) ordinance, set forth far the district whithin which said structure, use
or sign is located. This secfion remains basically the same as provisions within
the eurrent zoning ordinance.
SECTION 14 (ADMINISTRATION AAFI1 ENF()RCEMENT) - This seetion of the
proposed ordinaaee includes a variety of provision regarding the Administration
and Enforcement of the Zoning �rdinance same of which were specified in the
. Currenx Zoning Ordiaanee as welt as several new requirements. Most
significantly new or significantly changed requirements are established for the
following:
1, Site Pian Review - requirements and procedures
2. Licensing Requirements for Contractors.
3. Grading Permit Requirements.
4. Mining �'errnit Requirements (Mineral Extraction).
5, Junk and Satvage Operation Permit Requirements.
SECTION 15 (BQARD OF APPEALS AND ADJUSTMENTS) - This seetion remains
- predominantly unehanged from its eounterpart in the current zoning ordinance.
SECTiON 16 (AMENLIMENTS? - Unehanged.
SECTION 17 (VALIDITY) - Unchanged. .
SECTION 18 (REPEALS} - Unchanged.
SECTION 19 (EFFECTIV� DATE) . Will be dated upon Adoption by City Cc�uncii.