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6.5. SR 02-14-2005 Item # 6.5 MEMORANDUM TO: FROM: Mayor and City Council Michele MCPherskector of Planning DATE: February 15, 2005 SUBJECT: Consider Changes to Regulations for Governmental Offices and Governmental Buildings and Facilities Attachments + January 10, 2005 Handout + Regulations Comparison + Public/Institutional District, City of Plymouth Background On January 10, 2005, the City Council briefly discussed changes in the regulations for governmental offices and buildings/facilities. Currently, governmental buildings and facilities are located in the following districts: R2b Two-family Dwelling (MnDOT Maintenance Facility); Cl Central Business (County Maintenance Building, City Fire Station); Rlc Single Family (City Hall and Public Safety); 11 Light Industrial (public Works); Business Park (County Administration/Jail); and PUD, Planned Unit Development (Lions Park Center). Proposed Changes A chart has been prepared which better illustrates where governmental offices and buildings/facilities are allowed by right or by conditional use permit. As is illustrated, governmental offices are permitted in most Residential and Commercial districts, but only in the Business Park district, while governmental buildings and facilities are conditional uses in all districts except for the C4, Neighborhood Commercial District. Governmental Offices, Buildings & Facilities February 14,2005 Page 2 Staff suggests that governmental offices be allowed as conditional uses in all districts, except for the C4, Neighborhood Commercial District, and that governmental buildings and facilities be conditional uses only in the Commercial and Industrial/Business Park Districts. Another alternative for the Council to consider would be to create a Public/Institutional District, sometimes called a Public Facilities District. A sample ordinance from Plymouth is attached for the Council's consideration. This would require a zone change for all public and/ or institutional uses to this district and the Council could predetermine permitted and conditional uses. The creation of this district has been part of the Planning Department's workplan for the last two years, but was not a high priority and therefore no work beyond basic research was completed. Requested Action Staff requests that the Council provide direction regarding changes to governmental offices and governmental buildings and facilities regulations. S:\PLANNING\Michele McPherson\CCREPRTS\02 1405 govt bldgs.doc Government Offices and Buildings/Facilities Regulations Currently, Government Offices are allowed inall single-family residential districts, the central business, office, highway commercial, and downtown (Cl, C2, C3 & DD) districts and the business park (BP) district. Government Offices are conditional uses in the townhome (R3) district. Government Buildings and Facilities are not allowed in any district, but they are conditional uses in all residential (Rl, R2a&b, R3 & R4) districts, the central business, office, highway commercial and downtown (Cl, C2, C3 & DD) districts and the light industrial, medium industrial and business park (Ii, I2 & BP) districts. The neighborhood commercial (C4) does not allow either use in the district. Governmental buildings and facilities means any building, structure, or facility for the purpose of a facility serving certain governmental functions. These uses are intended to include uses that are supportive of governmental functions such as public works facilities, correctional facilities, and waste handling or processing facilities. These uses are intended to be distinguished from governmental offices and essential services. Governmental offices means any facility, building, and structure for the purpose of providing governmental services to the general public. Uses intended are generally compatible with office and residential uses and include city offices, county offices, courthouses, jails operated on the same site and as part of a city or county courthouse, libraries, and post offices. These uses are intended for the direct provision of governmental services to the public as distinguished from governmental buildings and facilities. Consistency issues: . Why are Governmental Offices allowed in single family but not two-family or apartment districts? Why are they a conditional use in the townhome district? . How do you determine what function a mixed-use building might be? For example, the County Highway Department building that has both office and storage functions? Requiring all governmental functions to exist as conditional uses in all districts provides consistency and eliminates the need to interpret what type the use is. S:\PLANNING\Michele McPherson\CCREPRTS\ I 10 05 Govt Off Bldg Fac Handout.doc Changes to Governmental Offices and Governmental Buildings and Facilities Regulations Ai Conditional Use Ria Allowed Conditional Use Conditional Use Rib Allowed Conditional Use Conditional Use Rlc Allowed Conditional Use Conditional Use Rid Allowed Conditional Use Conditional Use R2a Conditional Use Conditional Use R2b Conditional Use Conditional Use R3 Conditional Conditional Use Conditional Use Use R4 Conditional Use Conditional Use Cl Allowed Conditional Use Conditional Conditional Use Use C2 Allowed Conditional Use Conditional Conditional Use Use C3 Allowed Conditional Use Conditional Conditional Use Use C4 DD Allowed Conditional Use Conditional Conditional Use Use 11 Conditional Use Conditional Conditional Use Use I2 Conditional Use Conditional Conditional Use Use BP Allowed Conditional Use Conditional Conditional Use Use S:\PLANNING\Case Files\2005\Govt Bldg Comp Chart.doc PLYMOUTH ZONING ORDINANCE '?l.. , . { ;~,~' ().-./T~ SECTION 21650 - PI, PlTBLIC/INSTITUTIONAL DISTRICT 21650,01. PURPOSE: The PI District is intended to provide a specific zoning district for facilities devoted to serving the public and specialized government activities, and semi-public uses. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a non-profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located on or in proximity to an arterial street. 21650.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the following are permitted uses in the PI District: Subd. 1. Cellular telephone towers and antennas located on a public structure, as regulated by Section 21175 of this Chapter. Subd.2. Day care nurseries: Subd. 3. Essential services. Subd. 4. Nursing homes, residential care facilities, and similar group housing, but not including hospitals, sanitariums, or similar institutions. Subd. 5. Parks and recreational fields, and buildings. Subd. 6. Pre-school, elementary, junior or senior high schools having a regular course of study accredited by the State of Minnesota. Subd. 7. Private clubs and lodges. Subd. 8. Publicly owned civic or cultural buildings, such as libraries, city offices, auditoriums, public administration buildings and historical developments. I I . Subd. 9. Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter. l " I i .. Subd. 10. Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and related social events. '"1 i I ~ Subd. 11. Trade schools. 21650-1 PLYMOUTH ZONING ORDINANCE 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the PI District: Subd. 1. Accessory uses customarily incidental to the uses permitted in Sections 21650.03,21650.07, and 21650.09 of this Chapter. Subd. 2. Fences as regulated by Section 21130 of this Chapter. Subd.3. this Chapter. Off-street parking and loading areas as regulated by Section 21135 of Subd. 4. Parks, playgrounds or athletic fields. Subd. 5. Signs as regulated by Section 21155 of this Chapter. 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in an PI District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for r~spective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Automobile parking lots as a principal use provided that: (a) The use and design is in conformance with Section 21135 of this Chapter. Subd. 2. provided that: Buildings in excess of height limitations as specified in Section 21650.13 (a) For each additional five (5) feet in allowable, actual, roof height as calculated by the Minnesota State Building Code, which is above the maximum building height allowed by Section 21650.13 of this Chapter, front and side yard setback requirements shall be increased by one (1) foot. (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 3; Cellular telephone towers and antennas not located on a public structure, as regulated by Section 21175 of this Chapter. Subd. 4. Cemeteries or memorial gardens provided that: (a) The site is landscaped in accordance with Section 21130. ~ 21650-2 ;i 1 _, '-~ [ -l " .. i .J ..J "111 i -1 31 I 1 -.I ,~ I j -.I J ~~ J ')I 1 J Ji I --1 .~ J -1 ~. I J _ .~.. 1 i I .J ~II j J -~. I ..J '" PLYMOUTH ZONING ORDINANCE (b) The use is available to the "public". (c) The use meets the minimum setback requirements for principle structUres. Subd. S. Colleges, seminaries, and other institutions of higher education. Subd. 6. Community centers. Subd.7. Correctional facilities and shelters provided that: (a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses. (b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. (c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. (d) No correctional facility shall be closer than one thousand three hundred twenty (1,320) feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. (e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. (t) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Day care, social services or other non-directly related worship type activities as an accessory use within a religious institutional building(s)-. Subd. 9. Hospitals, sanitariums or similar institutions provided that: (a) Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 21130 of this Chapter. (b) All state laws and statutes governing such use are strictly adhered to and all, required operating permits are secured. Subd. 10. Living quarters which are provided as an accessory use to a principal use in Section 21650.03 or to a conditional use in this Section provided that: 21650-3 PL YMOUTH ZONING ORDINANCE (a) The living quarters shall not be used as rental property. (b) A maximum of one (1) such dwelling shall be allowed. (c) There shall be a demonstrated and documented need for such a facility (i.e., caretaker, security, etc.). Subd. 11. Medical, dental and chiropractic offices and clinics, commercial and professional offices, funeral homes and mortuaries. r I l Subd. 12. Other uses of the same general character as those listed in Sections 21650.03 and 2l650.07 of this Chapter. Subd. 13. Outdoor recreational areas including golf courses, country clubs, swimming pools, and similar facilities. [ l : :~ Subd. 14. Reduction in lot area requirements. I- i Or Subd. 15. Retail commercial activities and personal services, provided that: (a) Merchandise is sold at retail. I I ,. (b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a C-l Zoning District. ! i ,! (c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. (d) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area of the building. (e) The retail activity and personal services are not located within a structure whose principle use is residential. (1) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. (g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. 21650.09. INTERIM USES: following are interim uses in the Chapter: Subject to applicable provIsIons of this Chapter, the PI District and are governed by Section 21020 of this ~ 21650-4 1 J j ] ] ] ] J -..!IIII PLYMOUTH ZONING ORDINANCE Subd. 1. None. -. 21650.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standard's established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in an PI District by administrative permit as may be issued by the Zoning Administrator. Subd. 1. Open or outdoor storage as a principle or accessory use subject to the same conditions as allowed in a B-3 District. Subd. 2. Outside, above ground storage facilities for fuels used for heating purposes, or for motor fuel dispensing purposes related to an approved principle use, but not for sale, subject to the same conditions as allowed in a C-1 District. Subd. 3. Temporary outdoor promotional and sales activities beyond the confines of the principal building. 21650-5 ......_'-'"'='''':'''''..~ .=J]i~.~~,...,".~, _==_,."'.,.,.,...,~ ~"'=-"=~ ~~_-,~ 5,:;;;;:;!~;".~d.,,~~ .. PLYMOUTH ZONING ORDINANCE 21650.13. LOT AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The following minimum requirements shall be observed in an PI District subject to additional requirements, exceptions, modifications set forth in this Chapter: District Minimum Minimum Minimum Maximum Area Lot Area Lot Lot Structural (acres) Width Depth Coverage (feet) (feet) 2 acres Community 3 100 None General 50 % Cemers Uses Elementary Schools Hospitals Junior High Schools ReI igious Instirutions 21650-6 Setbacks ( feet) 8% Abutting Residential District(a) From yard 75 Side yard 75 Rear yard 75 Abutting Non- Residential District Front yard 50 S ide yard corner lot Side yard interior lot Specified Uses Correctional Facilities/Shelters Front 200 Side 400 Rear 400 Maximum Building Height Prin. Bldg Least of 45 ft or 4 stories 'I "! . Ace. Bldg 20 ft 50 r ;j i ~ t 15 l , 'I " t