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2003.08.11 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY August 11, 2003 7:00 p.m. Crystal City Hall - Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES • July 14, 2003 meeting C. PUBLIC HEARINGS 1. Consider Application 2003-8 for a Variance to allow two accessory parking spaces at 6526 69th Avenue North. (item continued from the July 14, 2003 meeting.) D. OLD BUSINESS E. NEW BUSINESS 1. Discuss preliminary draft of the new Zoning Ordinance: Performance standards. F. GENERAL INFORMATION G. OPEN FORUM H. ADJOURNMENT CRYSTAL PLANNING COMMISSION July 14, 2003 A. CALL TO ORDER Page I of 5 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Krueger, Nystrom, Strand, and VonRueden. Also present were the following: Planner Sutter, Community Development Assistant Dietsche, and City Council member Grimes. Absent were the following: K. Graham, T. Graham, and Sears. Also absent was Kamp, due to his resignation, effective immediately. B. APPROVAL OF MINUTES Moved by Commissioner Nystrom and seconded by Commissioner Krueger to approve the minutes of the June 9, 2003 meeting with no exceptions. Motion carried. C. PUBLIC HEARINGS Consider a Conditional Use Permit for Automobile -Related Uses at 5301 Douglas Dr N (Regal Car Wash). Planner Sutter summarized the staff report and stated that staff recommended approval of the Conditional Use Permit for specific automobile -related uses based on the suggested findings of fact and provided all conditions listed in the staff report are met. Amy Moser, 5307 Edgewood Ave N, stated that Regal Car Wash has not been very accommodating to the neighborhood and neglects to take care of the property. The lawn and bushes are overgrown, the fence is in disrepair, trash enclosure is not adequately screened from adjacent properties, and traffic associated with the business is a constant disruption to the neighborhood. Commissioner VonRueden replied that as part of the approval for the Conditional Use Permit, the curb cut on Edgewood Ave N would be required to be closed. He also stated that the city would do its best to address the code violations mentioned by Ms. Moser. Planner Sutter stated that he was aware of the noise associated with traffic on this property, but had not heard about the other issues mentioned by Ms. Moser. He said that if any code violations exist, this would be a good time to address these issues. Commissioner Strand questioned why Regal Car Wash refused to close the curb cut on Edgewood Ave N in the past. Commissioner VonRueden and Planner Sutter replied that Regal Car Wash felt they would lose too much business if the curb cut was closed. However, new management has recently recognized that closing the curb cut would Page 2 of 5 increase the potential for using the property in other ways and are therefore willing to _ close the curb cut. Torn Moser, 5307 Edgewood Ave N, questioned what Automobile -Related Uses included and stated he was concerned that the proposed uses may have a greater impact on the neighborhood than current uses on site. Planner Sutter summarized the uses that would be permitted under the Conditional Use Permit. Commissioner Krueger questioned whether or not the site had adequate parking and Planner Sutter stated that staff would make a determination based on how the space is used. Moved by Commissioner Davis and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Strand to recommend to the City Council to approve Application 2003-06 for a Conditional Use Permit for Automobile -Related Uses at 5301 Douglas Dr N (Regal Car Wash). Findings of fact are as stated in the staff report and that the fence should be kept in repair. Motion carried. 2. Consider a Comprehensive Plan Amendment and Rezoning of 5509 56"' Ave N from Low Density Residential / R-1 to Neighborhood Commercial / B-2. Planner Sutter summarized the staff report and stated that staff recommended approval based on the suggested findings of fact in the staff report. Commissioner Krueger questioned if the parking lot would be accessed off of 56"' Ave N or Vera Cruz Ave N. Planner Sutter explained that the parking lot would use the existing curb cut on 56t" Ave N. Mark Devening, 5505 56"' Ave N, stated that the existing parking configuration is dangerous because customers have to back out of the parking lot onto 56"' Ave N, which is a busy street. Mr. Devening stated that he would like to be finished with the new parking lot by winter 2003. => Moved by Commissioner Strand and seconded by Commissioner Davis to close the public hearing. Motion carried. Commissioner VonRueden stated that the Rose Bo is a well run business and he would like to see it continue. A study and possible rezoning of this area is a good idea, because _ residential use on 56"' Ave N is going to change in the future. Page 3 of 5 Moved by Commissioner Nystrom and seconded by Commissioner Krueger to reccommend to the City Council to approve Application 2003-07 for a Comprehensive Plan Amendment and Rezoning of 5509 56th Ave N. Findings of fact are as stated in the staff report. Motion carried. 3. Consider a variance to increase the maximum rear yard structure coverage, allow two accessory parking spaces, and allow encroachment of one of these spaces into the public right-of-way at 6526 59th Ave N. Planner Sutter summarized the staff report and stated that staff recommended approval of the variance to increase the maximum rear yard structure coverage, but denial of the variance to allow two accessory spaces at the property, and denial of a variance to allow an accessory parking space to encroach into the public right-of-way based on the suggested findings of fact in the staff report. Ryan Pugh, 6526 591h Ave N, stated that building a two -car garage is not currently in his budget. He said that he is trying to improve the appearance of his property by putting in a hard surface driveway that can accommodate the vehicles that need to be parked at the property, rather than parking the vehicles on the grass. Mr. Pugh confessed that he was confused as to why a variance was required to encroach on the public right-of-way so as to allow him access to his accessory parking space. Planner Sutter responded that the zoning code explicitly states that parking is not allowed in the boulevard portion of the driveway, the property does not have an undue hardship, and that denying the variance does not prevent reasonable use of the property. Commissioner Davis stated that there seems to be other feasible options for a comparable driveway without the need fora variance. The Planning Commission seemed to be in agreement that because of the unique configuration of the lot, a variance to increase the rear yard structure coverage was justified, but under no circumstances could an accessory parking space encroach into the public right-of-way. Moved by Commissioner Nystrom and seconded by Commissioner Krueger to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Strand to recommend to the City Council to approve Application 2003-08 for a variance to increase the rear yard structure coverage at 6526 59th Ave N from 30% to 48%. Findings of fact are as stated in the staff report. Motion carried. Paae4of5 Moved by Commissioner Davis and seconded by Commissioner Strand to continue until the August Planning Commission meeting the discussion of Application 2003-08 for a variance to allow two accessory parking spaces at 6526 59t' Ave N. Findings of fact are that staff is going to pursue other options for the property for discussion at the next Planning Commission meeting. Motion carried 3-1 with Davis, Nystrom, and Strand voting aye, VonRueden voting nay, and Krueger abstained. => Moved by Commissioner Davis and seconded by Commissioner Nystrom to recommend to the City Council to deny Application 2003-08 for a variance to allow encroachment of an accessory space into the public right-of-way at 6526 59'h Ave N. Findings of fact are as stated in the staff report. Motion carried. 4. Consider a Conditional Use Permit for outdoor sales at 5417 Lakeland Ave N (HOM Furniture). Planner Sutter summarized the staff report and stated that staff recommended approval based on the suggested findings of fact in the staff report. A representative for HOM Furniture stated that the 24 foot drive aisle requested by staff would be honored as part of the Conditional Use Permit. He said that HOM is currently trying to find a tent that would fit close to the front entrance of the store to ensure safety for its customers, but that they are willing to put the tent on the side of the store if necessary. Moved by Commissioner Nystrom and seconded by Commissioner Krueger to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Krueger to recommend to the City Council to approve Application 2003-09 for a Conditional Use Permit for outdoor sales at 5417 Lakeland Ave N (HOM Furniture). Findings of fact are as stated in the staff report. Motion carried. D. OLD BUSINESS E. NEW BUSINESS 1. Planner Sutter and the Planning Commission discussed preliminary draft of the new zoning ordinance (proposed parking requirements). Page S of S F. GENERAL INFORMATION 1. The Planning Commission received an update on the Crystal Heights master planning process. 2. The Planning Commission received the Quarterly Development Status Report. 3. The Planning Commission received Commissioner Kamp's letter of resignation from the Planning Commission. G. OPEN FORUM H. ADJOURNMENT => Moved by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn. The meeting adjourned at 8:55 p.m. Secretary Nystrom w Motion carried. Chair VonRueden M E M O R A N D U M DATE: August 7, 2003 TO: Planning Commission (August 11th meeting) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: Consider Application 2003-8 for a Variance to allow two accessory parking spaces at 6526 59th Avenue North (continued from July 14, 2003 meeting). A. BACKGROUND The applicant's request contained three variances. The Planning Commission held the required public hearing on July 14, 2003. Decisions on two of these have been made by the City Council but a decision on the third has not yet been made: (1) The Zoning Ordinance allows only 30% of the rear yard to be covered by structures. The applicant's request would have resulted in rear yard coverage at around 31%. STATUS: As recommended by the Planning Commission, a Variance was approved by the City Council on July 22, 2003 to increase maximum rear yard structure coverage to 48%. (2) The Zoning Ordinance prohibits parking on the street right-of-way; the portion of the driveway within the right-of-way is only for access to and from the property, not for parking. This request would extend the northern accessory space into the Elmhurst Avenue right-of-way. STATUS: As recommended by the Planning Commission, this Variance request was denied by City Council on July 22, 2003. (3) The Zoning Ordinance allows only one accessory space in addition to the garage and the driveway leading to the garage. The applicant's proposal would place two accessory spaces on the property. STATUS: Continued by the Planning Commission with direction to staff to develop an alternative proposal for consideration at the August 11, 2003 Planning Commission meeting. Please see Staff Alternate #3 which is attached as Exhibit 10. The applicant has submitted a counter -proposal which is attached as Exhibit 11. The following exhibits are attached: 1. plat map showing the location of the subject property; 2. aerial photo showing the location of the subject property; 3. narrative submitted by the applicant; 4. applicant's proposal (as submitted); 5. existing conditions (corrected to accurately show existing curb cut); 6. applicant's proposal sketch and coverage calculation sheet (corrected to accurately show existing curb cut); 7. Staff Alternate #1 sketch and coverage calculation sheet; 8. Staff Alternate #2 sketch and coverage calculation sheet; 9. future needs scenario sketch and coverage calculation sheet; 10. [new] Staff Alternate #3 sketch and coverage calculation sheet; and 11. [new] applicant's counter -proposal. B. STAFF COMMENTS A variance allowing the property to have two accessory spaces instead of one would not meet the undue hardship test. The applicant's justification has to do with the fact that the household has four cars but cannot afford to add garage space to better accommodate those cars. Many homes in Crystal have single car garages and they are expected to comply with the ordinance even if it allows them only three parking spaces (one in the garage, one in the driveway leading to the garage, and one accessory space alongside). The intent of the Zoning Ordinance to limit the number of additional parking spaces is clear: Accessory parking may not be more than one space located (i) on the side of the driveway, (ii) adjacent on one side of an existing garage, or (iii) as a turn -around space. The applicant simply has too many vehicles for a single -car -garage property. The appropriate solution under the ordinance is for the applicant to build a two -car garage or park one of the vehicles somewhere else. The Planning Commission directed staff to try and come up with an alternative that balances the intent of the ordinance with the shortness of the driveway. It should be noted that staff feels that the shortness of the driveway does not justify a variance because many homes in Crystal have single car garages with driveways only long enough for one car to be parked in front of the garage. However, if the Planning Commission wishes to grant a variance, it could do so based on the limited area of the driveway. Such a variance would use a typical 12'x 30' single -car -garage driveway as a benchmark for reasonable use of the property. Such a variance would allow the applicant to widen the driveway to match the width of the entire garage (not just the overhead door) in addition to a single accessory space along the north side of the garage. Staff Alternate #3 shows how the driveway could be configured if such a variance were granted. VARIANCE - ADDITIONAL ACCESSORY PARKING SPACE - 6526 59TH 2 C. SUGGESTED FINDINGS OF FACT The Zoning Ordinance (Crystal City Code 515.56 Subd. 5) and state law have a three- part test for determining whether a variance can be granted. A finding of undue hardship requires that all three criteria be met. The three-part test is as follows: (1) the property in question cannot be put to a reasonable use if used as required by this Zoning Code; and (2) the plight of the landowner is due to circumstances unique to the property and not created by the property owner; and (3) the variance, if granted, will not alter the essential character of the locality. Suggested findings applicable to the applicant's Variance request to allow two accessory parking spaces in addition to the garage and the driveway leading to the garage. a. For Approval. Because staff believes that none of the three criteria are met in this case, we can offer no suggested findings of fact to approve. b. For Denial. Strict application of the requirement that a property have no more than one accessory parking space would not constitute an undue hardship in this particular case because none of the three required criteria are met. Specifically: ❑ The property in question can be put to a reasonable use if used as required by this Zoning Code. The Zoning Ordinance has established one accessory space as being reasonable use. The property can accommodate one accessory space. The need for an additional accessory space is wholly due to the number of vehicles the applicant wishes to park on the property. The applicant could accommodate those vehicles by building a two -car garage. ❑ The plight of the landowner is not due to circumstances unique to the property. Because one accessory space could be accommodated on the property, there is no plight other than the applicant's preference to avoid building a two -car garage or reducing the number of vehicles kept on the property. ❑ The variance, if granted, will alter the essential character of the locality. The Zoning Ordinance has established an expectation that outdoor parking of cars will be limited to the driveway leading to the garage plus one accessory space. The requested variance would be a visually significant deviation from this community standard. 2. Suggested findings applicable to Staff Alternate #3, a Variance that would allow the driveway to be widened to match the full width of the garage. a. For Approval. Strict application of the requirement that a driveway only be as wide as is necessary to provide access to the garage would, in this VARIANCE - ADDITIONAL ACCESSORY PARKING SPACE - 6526 59TH 3 particular case, constitute an undue hardship because all three of required criteria would be met. Specifically: ❑ The property in question cannot be put to a reasonable use if used as required by this Zoning Code. Most lots with one car garages have driveways that are typically around 12' wide and at least 30' long (excluding the part on the public right-of-way), or approximately 360 sq. ft. On the subject property, the existing driveway into the garage is approximately 200 sq. ft. This results in the subject property having less opportunity to park on its driveway than most other properties in Crystal. If the driveway is allowed to be as wide as the entire garage, it will cover approximately 350 sq. ft. which is closer to the typical minimum driveway area for homes with one car garages in Crystal. ❑ The plight of the landowner is due to circumstances unique to the property and not created by the owner. The atypically small driveway area is a product of the placement of the garage and the placement of the garage is a product of the property tapering to the rear. Allowing the driveway to be as wide as the entire garage will reduce the plight of the landowner by increasing the driveway area. ❑ The variance, if granted, will not alter the essential character of the locality as long as the driveway providing access to the garage is no wider than the full width of the garage. b. For Denial. Because staff believes that all three criteria are met in this case, we can offer no suggested findings of fact to deny. D. RECOMMENDATION Separate motions should be made, first on the applicant's original request and then on Staff Alternate #3. Motions based on the staff recommendation are as follows: Staff recommends denial of a Variance to allow two accessory parking spaces in addition to the garage and driveway at 6526 59th Avenue North, based on the Findings of Fact in Section C(1) above. 2. Staff recommends approval of a Variance to allow the driveway at 6526 59th Avenue North to be widened to match the full width of the garage, based on the Findings of Fact in Section C(2) above. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council would consider the recommendation at its next regular meeting on August 19tH VARIANCE - ADDITIONAL ACCESSORY PARKING SPACE - 6526 59TH 4 198.1 `� 60 f' @5 1 L....... 7 i 70 1 �I►�r 8. 6o 4 SNE e r %arra. co.z;l � a1.6 tri` 67.1 G7.31 60 2 I 67.3 lop,2 low 8 e 9 W Q r a 70 cc.7 " " 93 joli ua 4 ' 3 2 I .; e, .V �5 6 7 ' o. w1 8`- G 6. 5 i 66.7 35 93 6o.Zs Lo z I " d 9 1 ' 2 7 6 Zo SOULE ADD. 5 i 5 O/ 4 n 2 ( M co _ 60--V 6 60 135 120 60 bo G° N ! 95 m 6o I'O �. 9 m � o 7 LIBERTY I STT S �� g 1 2 3 17 18 8 0 z 29Z.4 _� 34 55 133.4 0 13d. . 4" jT 147.7 I $ 20 2 19 2 Z5- 51, s 2 Ib 3 +15'r I s 3 r u4 s,6 .r 7 4 r 17 4 e 14 2 IAR 6s 5 !I 5 ` t 101.11 13 3 ' o ` 360"9A- /20 ° 60 6o.Zs Lo z I Ila.Jt b OM g r 1 ' 2 7 6 5 SOULE ADD. 5 i 5 4 3 `. 2 ( M co _ 60--V 60 60 135 120 60 bo G° N ! 95 m 6o I'O �. 9 m � o LIBERTY I STT S �� g 1 2 3 17 18 19 •r 275.33 " 60 60 61.17. 4 Cw Ply—AV Nn -- s r .� i s a 3 4 $ 6 g O v IS $ 6 114. II. 5 LA AN 14 <� . 7 p , T y (io.54 r!1• Z 6 b II 5 l G 8 13 8 65 l4 I 45 �Lo 7 ual9 12 9 `10^ R6 .44'4d, 55 �o l3.4 1 3 0 i 6S A -a' N +•^ In • � o �A41r�o5' Ila.Jt b OM g r 8 7 6 5 m 5 i 5 4 3 `. 2 ( M co _ 80 t-- 60 G� 60• IlJ.o �. 9 �, � w' X15' I6^ 17 18 19 •r 54 . Go 60 4 Go 60 - � t v 8 9 o 45 G5 A 1 ^` 6_ 5 4 3 r 2= I 65 z 15 7.45 09 T' _ 8 9 10 a � SO .� ..... N 0. )LEY --— S, o ... M w COUNTY $o 44 N M A m 5 i 5 4 3 `. 2 ( M _ 80 t-- 17 G 8 �. 9 /Ip �P � w' II 12 13 14 ° ,� � •lo ZZ 16 !0 "�- 11 12 13 14 :% z 15 s� . • ., 6B r w COUNTY $o 44 O 7 ,, 6 5 4 /� " "� 3 ^1 2 ild go' 80 t-- 8 �. 9 /Ip �P w' II 12 13 14 ° ,� � •lo d �° 3! i 3310s •78 go,12 Ra6......... 7` Io M , v�i F 7' S 4 Ir 2 _ s 17 , 4 ul yo 1� - ' o �o C 18 o k\Cl -r. 177.7 r HOWARD S Y June 18, 2003 Crystal City Hall Planning and Zoning Department ATTN: John Sutter, Planner & Redevelopment Coordinator 4141 Douglas Drive North Crystal, Minnesota 55422 Dear Mr. Sutter: I am a resident of Crystal, residing at 6526 591b Avenue North, on the corner of 59f Avenue and F]mhunt Avenue. I am attempting to acre a variance for the reconstruction of my driveway. My current driveway does not accommodate the vehicles in which I need to park at my residence. There are two occupants at my hQuse,- each of whom own two vehicles, one for work purposes and one for personal/recreational use, in addition to a small fishing boat. Currently the paved portion of my driveway, which is about 10 feet wide, does not allow to park cars side-by-side and is not long enough to park a second row behind the first. My proposed solution is-io widen my driveway to 28' feet wide, which would allow for parking three cars abreast on the street side of the garage, allowing for boat storage along side of the garage. (Due to current budget constraints, I cannot expand the garage to a two -stall capacity, though I plan to in the future.) _- The existing driveway forces me to park vehicles with the tires off of the paved surface (which I understand iagainstcity ordinance), killing the grass areas next to the driveway. I feel that this proposed reconstructed drive -way would allow for sufficient parking area, allow successful_growth of turf up to the edge of the new surface, and improve the ovetall curb appeal of my residence. I was previously directed to Section 515.56 Subd. 5 of the Crystal City Code. After reviewing this section, I feel that at least two of the categories are applicable, namely that the "property in question cannot be put to a reasonable use if used as required by the Zoning Code" (does not meet parking area requirement) and "the plight of the landowner is due to circumstances unique to the property not created by the property owner" (being'a comer lot greatly reduces the area considered the "back yard", therefore increasing the risk of exceeding the, maximum impervious area percentage_ allowed.) I understand that city ordinance may conflict with my proposed solution. I am prepared to conform to any restrictions there may be with the portion of the driveway -to be constructed within the citY right-cf--way of Elmhurst Avenue to best comply with any ordinances. Please review my existing situation and proposed solution when considering approval for this variance. Sinc rely, c 4 Ryan Pugh City of Crystal Resident 6,526 -59TH AVENUE NOLTH • CRYS-TAL, MINNESOTA —55428 PHONE: 763-533-6389 r 4 VM 65.26 59th A-we?.tntua Ncfr--+Vhl Crystal, MNT 55428 ERTY- EINE $cMiQT T� ss�6 59th, avIgERonuQ Crystel, Mtn 5-5-428 HOUSE 42' -IV AL R 20' PROPERTY LINE a AL R 20' PROPERTY LINE a 65,216, 59th Avgru2 Neth Crystal, MR- 55428 - HOUSE O=201 PREFPERT-Y LINE O=201 PREFPERT-Y LINE Calculation for Rear Yard Accessory Buildings & Structures Address: PROPOSED BYAPPLICANT (Would require not only a coverage variance but also a 6526 59th Ave N variance to allow two auxiliary spaces instead of the one allowed by city code. The Furthermore, the north auxiliary space would encroach on the public boulevard area instead of staying on private property as required by city code.) Rear Yard Dimensions Length Width Sq. Ft. 1 68.50 48.50 3,322 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3322.25 997 maximum rear yard coverage Existing Structures in Rear Yard Length Width Total Sq. Ft. 3 4.00 5.00 20 stoop 4 30.00 2.50 75 sidewalk 5 22.79 16.71 381 garage 6 1.50 16.71 25 garage apron 7 19.00 10.00 190 driveway 8 0 9 0 10 0 11 0 12 0 13 Existing .............................. 691 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 15.00 9.00 135 new driveway 15 23.00 9.00 207 new driveway 16 0 17 0 18 0 19 0 20 0 21 0 22 0 23 0 24 Proposed ............................ 342 Existing Structures to be Removed Length Width Total Sq. Ft. 25 0 26 0 27 0 28 0 29 0 30 to be Removed .................... 0 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 13] ................ 691 31 Proposed [+ Line 24] .............. 342 32 SUBTOTAL ......................... 1,033 33 to be Removed [- Line 30]....... 0 ""`a4 TOTAL ............................... 1,033 as a%: 31.1 Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,033 -36 as a%: -1.1% ocylwr rearyardcoverage-proposedbyapplicant.xls 07/09/2003 [a x!2-0 .PU AYCY 5rAi� Crystal, 5-5428 b%n..0,26 Wirth m-�E,E_lmlw HOUSE 42'-1Q' §nM' 7 Mj; �qmw PRGPERTY EINE r §nM' 7 Mj; �qmw PRGPERTY EINE r Calculation for Rear Yard Accessory Buildings & Structures Address: STAFF ALTERNATE #1 (no variances required) 6526 59th Ave N Rear Yard Dimensions Length Width Sq. Ft. 1 68.50 48.50 3,322 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3322.25 997 maximum rear yard coverage Existing Structures in Rear Yard Length Width Total Sq. Ft. 3 4.00 5.00 20 stoop 4 30.00 2.50 75 sidewalk 5 22.79 16.71 381 garage 6 1.50 16.71 25 garage apron 7 19.00 10.00 190 driveway 8 0 9 0 10 0 11 0 12 0 13 Existing .............................. 691 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 1.00 16.50 17 new driveway 15 1.00 21.50 22 new driveway 16 10.00 23.00 230 new driveway 17 0 18 0 19 0 20 0 21 0 22 0 23 0 24 Proposed ............................ 268 Existing Structures to be Removed Length Width Total Sq. Ft. 25 0 26 0 27 0 28 0 29 0 30 to be Removed .................... 0 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 13] ................ 691 31 Proposed [+ Line 24] .............. 268 32 SUBTOTAL ......................... 959 33 to be Removed [- Line 30]....... 0 —34 TOTAL ............................... 959 as a %: 28.9% Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 959 38 as a%: 1.1 7 rearyardcoverage-staffalternate1.xls 07/08/2003 10, x 2--0 *ly (u Ave S���- 652.6- Aveenuev %.t t Crystat, MR 55-428 HOUSE PRETPERTY LINE PRETPERTY LINE Calculation for Rear Yard Accessory Buildings & Structures Address: STAFF ALTERNATE #2 - (only coverage variance required) 6526 59th Ave N Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,081 -84 as a %: -2.5% rearyardcoverage-staffalternate2.xls 07/08/2003 Rear Yard Dimensions Length Width Sq. Ft. 1 68.50 48.50 3,322 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3322.25 997 maximum rear yard coverage Existing Structures in Rear Yard Length Width Total Sq. Ft. 3 4.00 5.00 20 stoop 4 30.00 2.50 75 sidewalk 5 22.79 16.71 381 garage 6 1.50 16.71 25 garage apron 7 19.00 10.00 190 driveway 8 0 9 0 10 0 11 0 12 0 13 Existing .............................. 691 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 1.50 16.00 24 new driveway 15 3.00 22.00 66 new driveway 16 5.00 20.00 100 new driveway 17 10.00 20.00 200 new driveway 18 0 19 0 20 0 21 0 22 0 23 0 24 Proposed ............................ 390 Existing Structures to be Removed Length Width Total Sq. Ft. 25 0 26 0 27 0 28 0 29 0 30 to be Removed .................... 0 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 13] ................ 691 31 Proposed [+ Line 24] .............. 390 32 SUBTOTAL ......................... 1,081 33 to be Removed [- Line 30]....... 0 --34 TOTAL ............................... 1,081 as a %: 32.5% Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,081 -84 as a %: -2.5% rearyardcoverage-staffalternate2.xls 07/08/2003 b ";26 `nStfy Avgmus %W Crys-to,.'-,- M -NI 5-5-428 10)( North I ERT'` LINE Calculation for Rear Yard Accessory Buildings & Structures Address: FUTURE NEEDS SCENARIO (assumes two -car garage, driveway + one accessory 6526 59th Ave N space, existing sidewalk plus deck). Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,524 -527 as a%: -15.9% rearyardcoverage-futureneeds.xls 07/09/2003 Rear Yard Dimensions Length Width Sq. Ft. 1 68.50 48.50 3,322 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3322.25 997 maximum rear yard coverage Existing Structures in Rear Yard Length Width Total Sq. Ft. 3 4.00 5.00 20 stoop 4 30.00 2.50 75 sidewalk 5 22.79 16.71 381 garage 6 1.50 16.71 25 garage apron 7 19.00 10.00 190 driveway 8 0 9 0 10 0 11 0 12 0 13 Existing .............................. 691 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 21.00 22.00 462 new driveway 15 5.00 20.00 100 new driveway 16 10.00 20.00 200 new driveway 17 22.00 22.00 484 new garage 18 12.00 20.00 240 new deck 19 0 20 0 21 0 22 0 23 0 24 Proposed ............................ 1,486 Existing Structures to be Removed Length Width Total Sq. Ft. 25 4.00 5.00 20 stoop 26 15.00 2.50 38 sidewalk 27 22.79 16.71 381 garage 28 1.50 16.71 25 garage apron 29 19.00 10.00 190 driveway 30 to be Removed .................... 653 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 131 ................ 691 31 Proposed [+ Line 24] .............. 1,486 32 SUBTOTAL ......................... 2,177 33 to be Removed [- Line 30]....... -653 X34 TOTAL ............................... 1,524 as a %: 45.9% Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,524 -527 as a%: -15.9% rearyardcoverage-futureneeds.xls 07/09/2003 z6! -g• HOUSE 42'-1 D' PREUIPQSED DRIVEWAY EDGE PROPERTY EINE exAmflorr 10 PREUIPQSED DRIVEWAY EDGE PROPERTY EINE exAmflorr 10 Calculation for Rear Yard Accessory Buildings $ Structures Address: ALTERNATIVE BASED ON PLANNING COMMISSION'S DESIRE TO 6526 59th Ave N BALANCE THE DIFFICULTIES CAUSED BY THE SHORT DRIVEWAY WITH THE CITY'S NEED TO LIMIT THE NUMBER OF ACCESSORY PARKING SPACES. Rear Yard Dimensions Length Width Sq. Ft. 1 68.50 48.50 3,322 Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,125 -128 as a %: -3.9% to rearyardcoverage-comprom ise-07.16.03.xls 07/16/2003 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3322.25 997 maximum rear yard coverage Existing Structures in Rear Yard Length Width Total Sq. Ft, 3 4.00 5.00 20 stoop 4 30.00 2.50 75 sidewalk 5 22.79 16.71 381 garage 6 1.50 16.71 25 garage apron 7 19.00 10.00 190 driveway 8 0 9 0 10 0 11 0 12 0 13 Existing .............................. 691 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 1.50 16.00 24 new driveway 15 5.00 22.00 110 new driveway 16 5.00 20.00 100 new driveway 17 10.00 20.00 200 new driveway 18 0 19 0 20 0 21 0 22 0 23 0 24 Proposed ............................ 434 Existing Structures to be Removed Length Width Total Sq. Ft. 25 0 26 0 27 0 28 0 29 0 30 to be Removed .................... 0 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 13] ................ 691 31 Proposed [+ Line 24] .............. 434 32 SUBTOTAL ......................... 1,125 33 to be Removed [- Line 30]....... 0 "-"�4 TOTAL ............................... 1,125 as a %: 33.9% Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 997 1,125 -128 as a %: -3.9% to rearyardcoverage-comprom ise-07.16.03.xls 07/16/2003 Avil --�0a � Ncr+h -r V 3 --RTY LINE a(morr M E M O R A N D U M DATE: August 6, 2003 TO: Planning Commission (for August 11th meeting) FROM:John Sutter, Planner and Redevelopment Coordinator SUBJECT: Timetable for consideration of the new Zoning Ordinance PLAN COMM MEETING TOPIC FOR DISCUSSION /ACTION TO BE COMPLETED Nov. 12, 2002 Definitions; R-1 district December 9, 2002 R-2 and R-3 districts February 10, 2003 C-1 and C-2 districts March 10, 2003 1-1 and special districts (Planned Development, Floodplain, Shoreland, Airport) July 14, 2003 Parking Requirements. August 11, 2003 General performance standards September 8, 2003 Administration; Zoning Map September 22, 2003 Plan Comm work session to "bring it all together"; review completed draft ordinance & map October 6, 2003 Open House from 6:00 — 8:00 p.m. (note: this item is new) October 13, 2003 Public Hearing (as part of the regular Plan Comm meeting) October 23, 2003 Joint work session w/ Council to review public comments from the open house and public hearing November 12, 2003 Consider additional changes based on public comments and Council input; make final recommendation to the Council Assuming the Planning Commission recommends adoption of the new ordinance and map on November 12, 2003, the adoption process would proceed as follows: • Final draft provided to City Council before their November 18th meeting • City Council first reading: December 2, 2003 • City Council second reading and adoption: December 16, 2003 • Publication: December 24, 2003 • Effective date: January 23, 2004 CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 515.33 General Performance Standards A. Purpose. The purpose of this section is to establish general development performance standards intended to assure compatibility of uses; prevent urban blight, deterioration and decay; and enhance the health, safety and general welfare of the residents of the community. B. Number of principal structures per lot. Except in the Planned Development, District, not more than 1 principal structure may be located on a lot. C. Lighting. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential property or from public streets. Direct or sky -reflected glare from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed 1 foot candle (meter reading) as measured from the lot line abutting said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candle (meter reading) as measured from lot line of abutting said property. D. Visibility at Intersections. The planting -of -trees, shrub l herbaeeeus ala mEAer-ial or the er-eetion of afi), str-ueture is prohibited within the 25 feet site tr-iangi I F __ fh, sides f4med b., +>10 r, ,.,o,+., t;,,os and _the _third s;def4� oa �,.by, me—metheFeu u st . ght line eenneeting the 2 25 feet „t points of the A 25 foot sight triangle is hereby established at each corner of any intersection of two public streets, and at each corner of any intersection of a public street and a railroad. Within the sight triangle, no trees shrubs plants, or structures including fences in excess of 30 inches high may be planted erected or maintained. The 30 inch maximum height shall be measured from the center line of the abutting street. Said sight triangle shall be measured along each lot line to a point 25 feet back from the corner, with the third side being a straight line connectingtpoints. In the event that the street right-of-way is enlarged to include part of what would typically be within the required sight triangle, then the 25 foot measurement shall be made from the hypothetical intersection of the two lot lines projected into street the right-of-way. STAFF NOTE: SEE DRAWING # 1 (ATTACHED). E. Drainage. No land shall be developed and no use shall be permitted that results in water run-off causing flooding, erosion, or deposit of minerals on adjacent properties. Such run-off shall be properly channeled into a storm drain, watercourse, pond area, or other public facilities. Any change in grade affecting water run-off onto adjacent property must be approved by the City Engineer. F. Landscaping. i all zening dist,,;,.+s the lotafear-emaining.,ftor p idin g f r ofdstreet ' , sidewalks, dfiveways, building site and/or- ethef per-fnit4ed vegetation of treatment genefally used in landseaping Any lot area remaining after Page 14 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 08/07/03 providing parking sidewalks driveways building site or other permitted improvements shall be planted and maintained in turf or, subject to the approval of the Community Development Director, other acceptable landscaping material G. Fences and Walls. No fence or wall shall exceed 84eet4n4wi& 4 feet high in the front yard or 6 feet high in any other portion of the lot except as follows: STAFF NOTE: CURRENT CODE ALLOWS FENCES 6'- 8' HIGH IF THEY GET A BLDG PERMIT. STAFF FEELS THAT SUCH FENCES FACILITATE THE ACCUMULATION OF UNLAWFUL JUNK; IT'S WHAT SEEMS TO HAPPEN EVERYWHERE SOMEONE HAS AN 8' FENCE AROUND THEIR BACKYARD. 6' FENCES ARE A MORE TYPICAL COMMUNITY STANDARD FOR RESIDENTIAL AREAS. a. On corner lots where the front yard abuts an arterial or major collector street, the property owner may erect a fence or wall up to 6 feet high in the front yard, provided that no fence shall exceed 4 feet high in the area between the side street lot line and the principal structure extended across the full depth of the lot from the front lot line to the rear lot line STAFF NOTE: SEE DRAWING #2 (ATTACHED). THIS SHOULD SOLVE THE PROBLEM WITH CORNER LOTS WHERE THE FRONT LOT LINE IS ON A BUSY STREET IN NEED OF SCREENING. b. Fences may exceed 6 feet high when approved as part of a screening and buffering plan between incompatible land uses in accordance with Section 520 (Site Plan Review). In such cases no fence or wall shall exceed 8 feet in height. 2. In the case of grade separation such as the division of properties by a wall, the maximum permitted height shall be deter -mined en the basis of -- e uu ur ciriczic measured from the average point between the highest and lowest grade. STAFF NOTE: DEALT WITH ELSEWHERE IN THIS SECTION. G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc Page 15 of 137 0 4 2 l� CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 H. Dwelling Unit Restriction. 1. No cellar, garage, tent or accessory building shall at anytime be used as an independent residence or dwelling unit, temporarily or permanently. 2. Basements or cellars may be used as living quarters and rooms as a portion of residential dwellings but not as a separate household or dwelling unit unless the use of the property for more than a single dwelling unit is permitted or lawfully nonconforming. Tents, play houses or similar structures may be used for play or recreational purposes. STAFF NOTE: DEALT WITH ELSEWHERE IN THIS SECTION. I. Lot survey required to improve property. Platted and npl-a--ed Pfepert�,_ Any person desiring to improve property shall submit to the Building Official inspeetor a survey of said premises and inkifmation e showing the location and dimensions of existing and proposed buildings, structures or other improvements; location of easements crossing the property; encroachments; and any other information which may be necessary to insure ^enf ane * compliance with City codes. 2. All bugs improvements shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. 3. The Building hispeeter- Community Development Director shall review the lot survey to determine if the division and creation of the property was in compliance with the statutes and regulations applicable at the time of said division. If the Building Recta Community Development Director finds that the division of the property was in compliance with legal requirements applicable at the time of the division, the lot shall be recognized and development of the property shall be allowed in conformance to the building and zoning regulations of the City. If the Building inspeeto Community Development Director finds that the division of the property was not in compliance with legal requirements applicable at the time of the division, the lot shall not be recognized and current standards and procedures for platting shall be imposed. Page 17 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc M Owl STAFF NOTE: DEALT WITH ELSEWHERE IN THIS SECTION. I. Lot survey required to improve property. Platted and npl-a--ed Pfepert�,_ Any person desiring to improve property shall submit to the Building Official inspeetor a survey of said premises and inkifmation e showing the location and dimensions of existing and proposed buildings, structures or other improvements; location of easements crossing the property; encroachments; and any other information which may be necessary to insure ^enf ane * compliance with City codes. 2. All bugs improvements shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. 3. The Building hispeeter- Community Development Director shall review the lot survey to determine if the division and creation of the property was in compliance with the statutes and regulations applicable at the time of said division. If the Building Recta Community Development Director finds that the division of the property was in compliance with legal requirements applicable at the time of the division, the lot shall be recognized and development of the property shall be allowed in conformance to the building and zoning regulations of the City. If the Building inspeeto Community Development Director finds that the division of the property was not in compliance with legal requirements applicable at the time of the division, the lot shall not be recognized and current standards and procedures for platting shall be imposed. Page 17 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE - Working Draft 08/07/03 STAFF NOTE: DEALT WITH IN THE DEFINITIONS SECTION. required jard ether e-vreed a sten, vtavvvu v.av VLva, than K rear ever 1 c feet V.va i✓ 1Vv+L yard, in height 111 height :uvh 11V1 ue"„ n VV411 buildingor- more than 30 + Y ture �.t shall of the t ' area af any rear yard. �he basis ef the required ef'this Cede The maxitritim Year- . d rear as defined yard lot eoverage iti Subseetieft shall be ,, eemputed en theirleeat;en „nen their 1VG+ buildings, the l.,ta. struettires and pefmanerit equipment in the 1) in the ease .� aa. �..v vKVV „F. interior v, Naa alaLV11 lot V, 1V4 KVLLLL111E'., abutting , onestreet,fie I.LIJVi ,a t h ,a aeeessefy alteraltered ed Vv J strueture Lv vaavaVuvil s to eh upon La. i of the V.VlI u1V permanent equipment 4e,,+ half 11 V11L 13UZ1�1-L1Zl� shall f the let. IpL: be efeeted of 2) in the ease ef an interior lot abuaing tipen two ef mere streets, no erected or va vvavu v building, altered a u,.vavW. uv s to e uv V v,lrl Vl.LV11 eh the U�Vll iZZ�+one f' rth f'the lot neareF4 either street _.rr_--- 11 1, 11 ^. -__- .._-...-- 1 ..._.... h .,- ... f' -.,......a..,,...�� with C h ..dada .....Lf.,�..�awa t' C 1 C ,,, 1.� ,. 07 Subdivision 3 of this !'rode in the ease rtruet„r of of a eofner- permanent lot abutting equipment upon two shall he efeetea streets, no or altered aeeessery a ., building,3) to enereaeli struetwe ef theuastanee "on the front peffflanent equal to half equipment the width ef the of let. Ner be nearer- the l,lulllu shall any aeeesser-5, to the side Jla:r street street + side building,- lot line ,a. than 4) in the ease �t of a thfatigh shall be ereeted earner- !at er so fronting eii altered so as twe parallel to eriefeaeli streets upon the and one- fe„rah ef'the -------- -- ---- een+plianee let nearest ------------ with Subseeti9n to -- either ------- 515.07, f the it --- ---- r..._»..-_ Subdiyiskeii 1 t + ,,,._�.., .......,aaaaa 3 of this ,7 h Code. 11 1 L,,.,., h .,e Norshali in aeeessefy ....... ......... side street street .rae building,any lot line tha., a.,L dada„ .a..�„ yard. the Lad., .li..t .aa.,LLLIl..,, 1 t vi�Lxu the width f +hrequired •,l 5) Ne peftien eonirimsa 4 vLl u.�aaavaaL of detaelied shall he V,iuii VL+'.,1uaala aeeessery with; th L111VV building, 1VL�L Vany feet f lot stfuettife or- line - permanent 6) required t.o �V e thNn he more 75 feet frorn the front let line. 7) A gar -age in a residential dist-riet J ptiblie alley er side street, be set baek at least 50 feet from the eenter-line-ef Page 18 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 Page 19 of 137 G:\PLANNING\ZONIORDI\2002-03 Update\Sutter-2003-08-11.doc • ML r rim Page 19 of 137 G:\PLANNING\ZONIORDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 STAFF NOTE: THE PRECEEDING TWO PAGES ARE EITHER DEALT WITH ELSEWHERE IN THIS SECTION, IN OTHER SECTIONS, OR ARE NO LONGER RELEVANT.. J. Required l ng, Screening. and Lafidseap . "��� x"�d by this Code shall be subj eet to Subseetion 5 15.07, Siibdivisien 8 STAFF NOTE: THE ONLY TIME WE REQUIRE SURETY IS UDNER SECTION 520 (SITE PLAN REVIEW), SO THIS PARAGRAPH IS NO LONGER RELEVANT. The When required by this code, screening shall consist of a vegetation screen, landscaped berms, a solid sight -obscuring_ fence, er wall, or a combination of these items. Such screening shall be of sufficient height width and density o provide an effective screen, provided that if a fence or wall is used it is in compliance with Section not less tha-m six feet fief ..,m�re tl,u�eight f high. et n 1 0 e fenee �.. shall be ee sidefea selid if it ble ' d The design and materials used in constructing a f neo or _,,,» the required screening shall be subject to the approval of the Community Development Director. Flaiining Commission based upon -a feeemmendation by the City er and Building insPeete=. Eai4h mounds, eetfipaet evefgfeen of dense deeiduatts hedge sk to eight feet in height tagether- with may be r-equifed in addition to or- in lieu of feneifl.,-" Half f Trees (Flowering Gr -ab, Russian Olivaj them,, ete.) 6 7 ft. 1 1/2 in. arc-. Page 20 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 *Mede is depeadefA upon time of planting seasen, ak,ailability, and site eend STAFF NOTE: THESE STANDARDS ARE TOO SPECIFIC AND DO NOT NEED TO BE CODIFIED IN ORDINANCE. THE CITY SHOULD HAVE THE FLEXIBILITY TO ADJUST ITS SPECIFIC LANDSCAPING STANDARDS QUICKLYAS NEEDED, WITH GUIDANCE FROM THE CITY FORESTER AND OTHER EXPERTS. FURTHERMORE, THIS FUNCTION HAS LARGELY BEEN INCPORATED INTO SECTION 520 (SITE PLAN REVIEM ANYWAY. STAFF NOTE: DEALT WITH IN THE PARKING SECTION. K. Smoke, Vapor, Dust and Odors. The emission of smoke, vapor, dust or offensive odors by any use shall be in compliance with all applicable federal, state and local regulations. regulated b j the State cifiTi � ivos„tµ Pollution nvi*avrStandards-, Minnesota nesotCa Ri r;,,avxrAG 1 15. STAFF NOTE: THESE ARE REALLY NUISANCE ISSUES, NOT ZONING ISSUES, AND THEY NEED TO BE DEALT WITH IN OTHER SECTIONS OF CITY CODE OR BY OTHER LEVELS OF GOVERNMENT. NOT SURE IF IT EVEN MAKES SENSE TO MENTION THEM INA ZONING CODE, BUT JUST IN CASE WE CAN LEAVE THEM SINCE IT DOES NO HARM IF WE DO. L. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensities in relation to sound frequency: Maximum Sound Levels in Decibels T. u�, gC , C�Tj B2,�3 B-4 ' D BT n v n B t B Frequency (Hertz) Residential Districts All Other Districts 37.5 to 75 Hz 63 78 75 to 150 Hz 59 74 Page 21 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 150 to 300 Hz 55 69 300 to 600 Hz 51 66 600 to 1200 Hz 45 60 1200 to 2400 Hz 38 53 2400 to 4800 Hz 31 46 Over 4800 Hz 25 40 2. The These standards as established in Subseefien 5 15.07, Eo& shall be superseded upon enactment of noise control standards by the State of Minnesota. Exceptions: to standards established in Subseetion 515.07, a. Noises not directly under the control of the property owner. b. Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. The noise of safety signals, warning devices, and emergency pressure relief valves. d. Transient noise of moving sources such as automobiles, trucks, airplanes and railroads. The specified noise levels iii Subd. a) above may be exceeded by 10 decibels for a single period, no longer than 15 minutes in length, in any one day. STAFF NOTE: WE WILL INVESTIGATE WHETHER THIS IS ADEQUA TEL Y ADDRESSED IN OTHER SECTIONS OF CITY CODE, AND IF NOT, WE CAN EITHER LEAVE THIS HERE OR (MORE APPROPRIATELY) AMEND IT INTO THE NUISANCE SECTION OF CITY CODE. STAFF NOTE: DEALT WITH ELSEWHERE INTHIS SECTION AND OTHER SECTIONS OF CITY CODE. Page 22 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 M. Exterior Storage. All materials and equipment shall be stored within a building unless specifically permitted elsewhere in this code. • _M. err .. • • Page 23 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 515.37 Off -Street Parking Requirements A. Purpose. The purpose of regulating off-street parking in this Zeg code is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles as a use that is accessory and subordinate to i aeear- a wM the utilization of various parcels of land or structures. B. Application. of Off Stfeet D 1ng P eg�1+s These regulations and requirements shall apply to all land uses and off-street parking facilities in all of the zoning districts of the City. C. Site Plan Drawing Necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimension indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this Section and Section 5-2-5 520 Site Plan Review. D. General Provisions. Permits required. To ensure proper location and configuration, permits are required for work on driveways. Plans for driveways must be submitted to the city for review and driveway permit approval prior to commencing work. Plans for surfacing and drainage of driveways and parking areas for five or more vehicles faun+ be subm'++ a will be forwarded to the City Engineer for review and written approval. 2. Reduction of Existing Off -Street Parking Space or Lot Area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this Code shall not be reduced in number or area unless the number or area exceeds the requirements for a similar new use. damaged of stfoyed by fife, it may be reestablished if elsewhere pefmit4ed ifl these , spaees shall be inof e to ther-equir-ements of this 3. Change of Use or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. Page 24 of 137 G:\PLANNINGIZ0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc ZaLLMU Permits required. To ensure proper location and configuration, permits are required for work on driveways. Plans for driveways must be submitted to the city for review and driveway permit approval prior to commencing work. Plans for surfacing and drainage of driveways and parking areas for five or more vehicles faun+ be subm'++ a will be forwarded to the City Engineer for review and written approval. 2. Reduction of Existing Off -Street Parking Space or Lot Area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this Code shall not be reduced in number or area unless the number or area exceeds the requirements for a similar new use. damaged of stfoyed by fife, it may be reestablished if elsewhere pefmit4ed ifl these , spaees shall be inof e to ther-equir-ements of this 3. Change of Use or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. Page 24 of 137 G:\PLANNINGIZ0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 4. Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions requiring more parking area shall not be permitted until there is f „«,;shoal additional parking spaces are furnished as required by these zoning regulations. 5. Off-street parking facilities accessory to residential use must be utilized solely for the parking of licensed and operable passenger automobiles and recreational vehicles and equipment as provided in Section 1330 of the City Code. Storage of commercial vehicles is regulated by Subsection 515.19, Subd. 3 a) of this Code. (Amended, Ord. No. 93-7, Sec. 2) 6. Calculating Space. a. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. b. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy fixed benches, pews or other similar seating facilities instead of fixed seats, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements. If fixed seating is not provided, then each 7 sq. ft. of floor area shall be counted as one seat. C. In hospitals, bassinets shall not be counted as beds for the purpose of calculating the number of off-street parking spaces required. d. Should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required. 7. Stall, Aisle and Dr-ivew Design Standards. a. . wide and 19 feet in leng exelusive of aeeess aisles, � Each space shall be served adequately by access aisles. b Within struetur-es the Off-street parking requirements may be satisfied by providing space within the principal building. No building permit shall be issued to convert parking space into a dwelling unit or living area until other provisions are made to provide off-street parking as required by this Code. C. Except in the case of single, two family an tew heuse 1 -family and 2 - family dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the parking lot and does not depend upon a public street or alley. Except in the case of single, two family and townhouse 1 -family and 2 -family dwellings, parking area design which requires backing into the public street is prohibited. Page 25 of 937 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 distanee shall be measured v i the „t t` F right f lines. d. Except in the case of single, two family and tw,�ottse 1-famil and 2 - family dwellings, parking areas and their aisles shall be developed in compliance with the following standards: Angle of stalls Curb Vehicle Aisle Total from drive aisle length Projection Width Width 0° (parallel) 2-1.0122.0' 8-.5' 8_0' 22$' 24.0'$ 0' 40' 450 12.0' 18.5' 13.0'* 50.0' 600 10.0' 20.0' 15.0'* 55.0' 750 9.0' 20.5' 18.01* 59.0' 900 S.5-1 9.0' 18.0 24.0' 60.0'** *One way aisles only. **Total bay width may be reduced to 58' if pacing is provided within a parking ramp and the parking is predominantl for long term users. e• De"identia4 Curb cuts for 1 -family and 2 -family dwellings shall comply with the following requirements: ■ For the purposes of this section "curb cut" shall mean the width of the driveway at the edge of the street excluding the angled or curved returns on either side of the driveway in accordance with design standards approved by the City Engineer. ■ Curb cuts shall not exceed 22 feet in width or the width of the driveway at the property line whichever is less. ■ The driveway width across the boulevard shall not exceed the curb cut width, unless the Community Development Director makes a determination that for the property to have reasonable access the driveway must be allowed to get wider as it crosses the boulevard ■ Curb cuts shall be at least minimum 3 feet from the side lot yafd pr-epei4y line. lifie ii business VI a+ t o t ■ No curb cut access on a collector or arterial street shall be located less than 30 feet from the corner. No curb cut access on a local street shall be located less than 20 feet from the corner. This distance shall be measured from the intersection of right-of-way lines ■ The grade elevation of any parking area shall not exceed 10 percent f. Curb cuts for uses other than 1 -family and 2 -family dwellings shall comply with the following requirements: Page 26 of 937 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 ■ For the purposes of this section "curb cut" shall mean the width of the driveway at the edge of the street, excluding the angled or curved returns on either side of the drivewgy in accordance with design •.. standards approved by the City Engineer. ■ Curb cuts shall not exceed 32 feet in width or the width of the driveway at the property line, whichever is less. ■ The driveway width across the boulevard shall not exceed the curb cut width, unless the Community Development Director makes a determination that for the property to have reasonable access the driveway must be allowed to get wider as it crosses the boulevard. ■ Curb cuts shall be at least 5 feet from the side lot line. ■ Curb cuts 0Tr-W-F E=;e scieet exceptf6f sir , twe family an *o.,.,,t,ouse dwellings shall not be located less than 40 feet from one another. No curb cut access on a collector or arterial street shall be located less than 30 feet from the corner. No curb cut access on a minor street shall be located less than 20 feet from the corner. This distance shall be measured from the intersection of riaht-of-wav lines. The grade elevation of any parking area shall not exceed 5 percent. g. Number of Curb Cuts. A parcel of land may have one curb cut for each 125 feet of street frontage, but every parcel of land may have one curb cut. A parcel of land used for a single family use may have only one curb cut regardless of the amount of street frontage. Where a parcel of land abuts on an alley open to public uses, one additional access is permitted opening on the alley for use only to access a garage. h. Surfacing. Areas used for parking space and driveways must be surfaced with blaelaep bituminous or concrete pavement in accordance with standards approved by the City Engineer. Alternative hard surfacing such as pavers may be approved on a case-by- case basis by the City Engineer upon a determination that it will meet the following requirements: It will function in the same manner as traditional hard surfacing and its difference from traditional hard surfacing is primarily aesthetic. It can be reasonably maintained with a life span similar to traditional hard surfacing. Site conditions such as topography do not preclude the use of alternative hard surfacing. Page 27 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 ■ The property owner has agreed to complete the installation in a manner consistent with generally accepted engineering and construction practices as well as the recommendations of the manufacturer. i. Striping. Except for __ - f .flip nd t„ . � -_o--, - , � .....amu,,,,,, 1 -family and 2 - family dwellings, all parking stalls shall be marked with white painted lines not less than four inches wide. Striping shall be maintained by the property owner as necessary to control parking on the property. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public right-of-ways and be in compliance with Subseetion 515.07, of this Code. k. Signs. In addition to complying with Section 406 of the City Code no sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. All signing ., ust eanfefffl Seetien 406 efthe City Code. 1. Curbing and Landscaping. Except for singe, twe family a t i uiau 1-family and 2 -family dwellings, all open off-street parking shall have a cast -in-place concrete barrier curb andug tter baffie around the perimeter of the entire parking lot. The curb shall be at least 6 inches wide and the gutter shall be at least 12 inches wide; this minimum standard is typically referred to as "b6-12" curb and gutter. £paid The face of the curb bier shall not bei within 5 feet to of any lot line and the back of the curb shall not be within 4 feet of any lot line. Turf or other acceptable landscaping material shall be provided in all areas bordering the parking area subject to the approval of the Community Development Director. in. Parking areas that accommodate more than 20 cars shall be landscaped and planted with shade trees throughout the lot to the extent of at least 5% of the actual surfaced area. n. Required Screening. All open, non-residential, off-street parking areas of five or more spaces shall be landscaped and screened andlandseaped from abutting or surrounding residential districts in compliance with Subseefien 515.07,d. 9 of this Code. o. Site Distances. ??? (Insert missing text from Ordinance 96-9 Section 1.) Page 28 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 8. Maintenance. It shall be the joint and several responsibility of the Lessee occupant(s) and owners of the principal use, uses or building to maintain, in a neat and adequate manner, the parking spaces, aceessways driveways, striping, landscaping, screening and any other improvements required by this code. 9. Location. All aeeessery off-street parking facilities required by this Code shall be located and restricted as follows: a. Required aeeesser-y off-street parking shall be on the same lot undef the same owner -ship as the principal use being served, except as noted in b. Except for single, two family and *^.,.nhBuses 1 -family and 2 -family dwellings, head -in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. C. The boulevard portion of the street right-of-way shall not be used for parking. This includes the portion of a driveway located in the public right-of-way. d Set Baek Area. In Residential districts, Aeeesser3 off-street parking r-equk:ed by this Gede shall not be provided in the front setback or side street setback, except for 1 -family and 2 -family dwellings subject to the limitations in 515.89 1)(9)(e). in fent • afds ^ side .^r -ds in the ease ^€ a eefner-le n R 1, R 2, R 3, R4, R -0,T- dTD=stfiets. In the case of siagle, two family1-family and 2 - family dwellings, off-street parking is only permitted on designated a hard surfaced driveway leading directly into a garage or on an open, a hard surfaced auxiliary space. leeated o the side of the ar;.,o,.,^• Each property may have only one auxiliary space. The auxiliary pace may be located on one side of the driveway, on one side of the garage, or as one turn -around space. The auxiliary par -king space cannot exceed 10 feet in width and 20 feet in length, and must be at least may be leeated adjaeent to the existing gafage, en one sae of t ^ burugi.only, provided feet to from the pfineipal habitable portion of an adjacent residential structure. One tuf ^,,.,a b a oa aeeessofy fk V1av �1.L111 lA1V{.1.11U Jt.J CiV� 111Ux VVzvrrJ ccc.'� driveway,Aeeessafy par-kiag may not be more than one spaee leeated (i) on the si of the (ii) adjaeent en one side of , tui -around spaeec. The par -king eficcreationzri , el ele. is goremed by rteity rode Seetie„ 1330. f. The parking of recreational vehicles is governed by Section 1330 of City Code. Page 29 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 08/07/03 9. if, business distfiets and ifidustfial distfiets, Motor vehicles fffay shall not be parked and or displayed in pafkifig lets for the purpose of selling or renting the motor vehicles ^ e��e�;� h " ., sale unless a Conditional Use Permit for such use has been granted for the property in accordance with the regulations for the zoning district in which the property is located. This prohibition shall not apply to motor vehicles for sale on property with a 1 -family or 2 -family dwelling if the following conditions are met: ■ No more than 1 vehicle may be displayed for sale at any given time on a lot. ■ Vehicle display for sale shall not occur on any lot for more than six weeks in any 12 month period. ■ Prior to it being displayed for sale the vehicle was primarily used for personal transportation by the resident and was not purchased primarily for the purpose of re -selling the vehicle ■ The vehicle is parked on a hard surface ■ The vehicle is in such condition that it is fully operable and can immediately be driven on a public roadway in a lawful manner. ■ The vehicle must have a current valid registration including having clearly visible current license plate tabs ■ The address listed on the registration is the same as the property where the vehicle is parked and displayed for sale 10. Control of Off Site Parking Facilities. When required accessory off street parking facilities are provided on a lot other than the lot on which the principal use is located, the following requirements shall be met: unless-athe r-equir-ements apply if pafking is provided undef an approved jeint-pafking f 6eility . a. The Community Development Director determines that the site conditions and surrounding land uses reasonably preclude the acquisition of additional land to expand the lot on which the principal use is located b. A paved pedestrian way from the off-site parking facilities to the principal use being served has been provided and is properly maintained. C. The off- site pafking area aftd the let on whieh the pfineipal use is leeated must be in the same ownefship—,eT The use of the parking facilities by the principal use shall be guaranteed in writing „retee+^a I- r <,o + that r- ... and the lot eii t, `„ i, the p fi eipal use is l e eated�cz�-rv�r exeetition and ` ntepA of sueh Covenants shall be "tten in a form that is approved by the City Attorney and the Covenant must be recorded with the County Recorder or the Registrar of Titles as ap lip cable.epin d. The closest point of the off-site parking area shall be located no more than 500 feet from an entrance to the principal building of the use being served Page 30 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 as measured along an established path of travel between the parking lot and such entrance. unless shti +1^ Ffevide . If shu4le sefviee is pr-evided, the loeation of the par -king need not sa4i* any distanee The Community Development Director determines that failure to provide on-site parking will not encourage parking on the public streets, on other private property, of in private driveways or other areas not expressly set aside for off-street parking for the principal use. purposes f. The off-site parking shall be maintained until on-site parking is provided or an alternate off-site parking facility whieh meets the requirements ^� this n,.a:,,. nee has been approved in accordance with these requirements. 11. Use of Required Area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, Vie; inoperable vehicles as regulated by SubseC+;^„ c 1 c ' 079 S4 , c ^f this Cede, and/or storage of snow. E. Number of Spaces Required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses set forth below. Where no required minimum number of spaces is specifically listed for a use, the Community Development Director shall determine the minimum number of required spaces. The Director shall consider the character of the use and available information on parking demand for such use. Dwelling. 2 spaces per household unit. At least one of the spaces must be fully enclosed, such as in aag_rage. 2 PiAl ^ pafk, play^,.^,,,,a, of play field. Park and Recreation Facility. 5 spaces per acre of park in excess of 1 acre, plus 2 spaces per acre for playgrounds, plus 10 spaces per acre of play field, plus 1 space per 50 sq. ft. of deck area for an outdoor swimming pool. When a publie reer-eation site has ,r e than One use uos.b,at«io,, the ureas must be divided f6f deter -,;,inn the r^ ,oa .,,ing 3. Motel, motor hotel or hotel. 1 space per reg Aunt sleeping room, plus 1 space per employee en amain* on the maximum shift, plus 1 space per 4-5 3 person capacity in conference rooms or other assembly spaces. Page 31 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 4. Bed and Breakfast. 2 spaces for the owner/occupant household at least one of which must be fully enclosed such as in a garage, lus 1 space per „off guest sleeping room. 5. Elementary and Junior High School. 1 space per classroom, plus 1 space per 40 students based on design capacity. C7 6. High School. thfough eellege, private and �� rl space per classroom, plus 1 space per 4 students based on design capacity. S,: �u v per- 2 L e lJl ��. 7. College or other post -High School 1 space per classroomplus 1 space per 2 students based on design capacity. 8. Church, theater, auditorium. 1 parking space per 2.5 seats based on the design capacity of the main assembly hall. Eaeilities as b a a eenjunetien with sueh buildings or- uses shall be subjeet to additional feq' nts, h eh aimposed b this node z WIN 114; 'gotoso 9. Community center, recreation center, or health and fitness club. physieal "ltur-e st,,,a;^^ 1 space per 2200 250 sq. ft. of gross floor area not including ilea court or pool area, plus 2 spaces per tennis or racquetball court, plus 1 space per 50 sq. ft. of deck area for an indoor swimming pool. 10. Private club or lodge. 1 space per 3 seats based on the design capacity of the main assembly hall, plus 1 space per 25 sq. ft. of customer space in the dining area, and 1 space for each 20 sq. ft. of customer space in the bar area. 11. Library, museum and art gallery. 1 space per 300 sq. ft. of gross floor area. ifi elle r ple ^tr , tennis 7 publie s-- 20 , per 150 sq. ft. in exeess E)f ,. Hospital. of gfess . 12. p""'� s,eenvaleseent#emefest Nursing home. of day nufsefies, 5 spaces, plus 1 space per 5 beds. fer w -h' h vvvuuiivua ti - ff a. 13. Elderly (senior- ti tizen) Senior housing. 1 space per household unit. At least 50% of the required spaces must be fully enclosed such as in a garage Page 32 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 possible. 14. Drive-in establishment and convenience food. 1 space per 60 sq. ft. of gross floor area but not less than 15 spaces. 15. Office building, medical and dental clinic, animal hospital, and other' professional office. 1 space per 250 sq. ft. of gross floor area with a minimtim of 4-0 5 spaces required. For Class office buildings exceeding 1 00AQ 10,N0 sq. ft. ofrg_ oss floor area, parking requirements may be reduced by the Community Development Director based on parking studies of the anticii?*Qd parking demand of the specific building. D.,, -king studies are to prepared by 16. Bowling alley. 5 parking spaces for each alley lane. plus additional spaees as 17. Motor fuel station. 4 spaces, plus 2 spaces per service stall, plus 1 space for each 250 sq. ft. of building area used for the sale of goods or services. 18. Retail store and service establishment. 1 space per 250 sq. ft. of gross floor area, with a minimum of 5 spaces required. 19. Shopping center, meaning a multi -tenant commercial use having at least 10,000 sq. ft. of gross floor area, and being predominantly retail in nature but sometimes also haviniz other uses such as offices. personal services and restaurants. . Neighbor -hood ^r ^^ri,,, unity 4.5 spaces per 1000 sq. ft. of gross floor area. 20. Retail sales and service business with 50% or more of its gross floor area devoted to storage, warehouses and/or industry. 8 spaces, plus 1 space per 250 sq. ft. devoted to publie sales or service, plus 1 space per 41 -�GW 2,000 sq. ft. of storage area. of ^+ least eight s c, phis o spaee f6 o ..h o p ee n +t,o fnwiifflu-m shift whiehever- is greater-. 21. Restaiar-ants, eafes, pr-ivate elubs serving food and/or drinks, bafs, tavems, nigl3telubs. Eating and drinking establishment, including on -sale liquor. 1 space per 60 sq. ft. of gross floor area. 22. UndeAaking establislhme Funeral Home. 1 space per -5 2.5 seats in the main assembly hall, plus 1 space per 250 sq. ft. not used for seating. if fixed seats are not py-ovided, ene spaee fe eaeh 35 sq. f+ of leafing afea shall beF-equifed. Aisle space shall also be provided off the street for making up a funeral procession. 23. ICJkafiII^ tik, `anee hal of •iblie atietieii house Amusement Center. 20 spaces, plus 1 space per 200 sq. ft. of gross floor area in excess of 2,000 sq. ft. _ Page 33 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 08/07/03 24. Manufacturing, fabricating or processing of a product or material. 5 spaces, plus 1 space per 500 sq. ft. of gross floor area. stf-uetufeexeittsve of offlee and J Jlflll;fioa in this seetie*-. 25. Warehouse, storage, or handling of bulk goods. 1 space per 417T588 2,000 sq. ft. of floor area. 26. Post offices. 4-9 5 spaces, plus 1 space per vehicle customarily kept on the premises, plus 1 space per 500 sq. ft. of gross floor area. 27. Car wash (in addition to magazining or stacking space). a. Autema Drive-thru, staffed. se vieed. ^ minifiium of te ene ., eaei, i +t, i- Y yma�Eftntttn shift, whiehevef greatef: 2 spaces, plus 1 space per employee on the maximum shift b. Drive-thru, not staffed. 2 spaces Self-service. 2 spaces. 28. Furniture store. 1 space per 3-00 500 sq. ft. of gross floor area. 29. Motor vehicle sales lots. 5 spaces, plus 1 space per employee on the maximum shift. Such spaces shall be in addition to sterage-ard display areas. Page 34 of 137 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-08-11.doc