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6.6. SR 03-15-1993 ITEM 6.6. TO: FROM: MAYOR AND CITY COU..nN..LC..."I~L~ ' JANELLE SCHMITZ ~ FEBRUARY 24, 1993 ~ DATE: SUBJECT: ORDINANCE AMENDMENT SECTION 900.20 "GENERAL REGULATIONS" (ZERO LOT LINE)/PUBLIC HEARING The City is initiating an ordinance amendment to Section 900.20 which would allow zero lot line developments in the C2 and C3 zoning districts. This issue was discussed with the Planning Commission and City Council when Dennis Chuba applied for a zone change to PUD to construct a zero lot line office building at the corner of Evans and Main. The current ordinance addresses zero lot line situations in residential districts to accommodate townhouses and duplexes, however, commercial zero lot line developments are not addressed. The exception is the C1 zoning district where no setbacks are required. I am enclosing a copy of the June 23, 1992, Planning Commission minutes and the July 20, 1992, City Council minutes. . Staff feels this ordinance amendment is needed to provide developers with some flexibility in the development of commercial property. As in the residential zero lot line requirements, all other setbacks in a commercial district should be met. The zero lot line would only apply to the side yard setbacks along common wall lines. In addition, the property would have to be platted to accommodate the zero lot line situation as in the case of the Chuba development. Staff does not feel zero lot line commercial developments would be receiving special tr@ptment because all other standards of the zoning district would apply. I am attaching a copy of a draft ordinance amendment which would allow zero lot line development in both the C2 and C3 zoning districts. Staff is recommending approval of the attached ordinance. The Planning Commission recommended approval of this amendment at the February 23, 1993, meeting. . 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 . ORDINANCE 93 - AN ORDINANCE AMENDING SECTION 900.20 "GENERAL REGULATIONS" An Ordinance amending Section 900.20, "General Regulations." Subparagraph 5, "Yard Regulations" The City Council of the City of Elk River does ordain as follows: Section 1. That Section 900.20 (5), of the Elk River Code of Ordinances titled "Yard Regulations" be amended to add: h. Zero lot line in commercial C2 and C3 developments, interior side lot lines which correspond exactly with a common or party wall between two adjoining structures providing the following criteria are complied with: . i. Except along common wall lines, all other setbacks shall be met. ii. The subdivision be accomplished accordance with ordinance Section of the lot shall by plat in the subdivision 1008. Passed and adopted by the Elk River City Council this 15th day of March, 1993. Henry A. Duitsman, Mayor ATTEST: . Sandra Thackeray, City Clerk Planning Commission Minutes June 23, 1992 Page 8 . Kenneth Dohrmann, 12758 206th Avenue NW, questioned why they did not have any city services available to them, and further questioned why the City would allow another house to be built in this location? Mr. Rohlf addressed his concern stating that because they are private road and not a City street, they would not have some services, such as road maintenance available to them. He stated they could petition for the City to upgrade their road to meet standards, but they would be assessed for these improvements. applicant is not creating a new lot, but would be building on existing lot which is located on a private road. on a city that city The an Rosalind Hoglund, 12846 206th Ave., questioned the design of the septic system and whether it meet the City standards. Mr. Rohlf stated that the design of the septic system does meet the City and state standards. Vice Chair Eberley closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST FOR AN APPROXIMATELY 70 FT ENCROACHMENT ON THE 150 FT. SETBACK FROM THE ORDINARY HIGH WATER MARK BASED ON THE FIVE STANDARDS FOR A VARIANCE AND CONTINGENT UPON CITY STAFF APPROVING THE SEPTIC SYSTEM DESIGN AND THE HOUSE PLACEMENT. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 4-0. . 10. Consider Zone Change Request (C-2 to PUD) By Dennis Chuba/P.H. Steve Rohlf, Building & Zoning Administrator, explained that the applicant (Dennis Chuba) is requesting a zone change from C-2/0ffice District to PUD/Planned Unit Development to accommodate a zero lot line situation for three office buildings that are proposed to be subdivided into three parcels. Mr. Chuba stated that the reason they were proposing to use the PUD mechanism was to address the zero lot lines that are need to accomplish this request. Steve Rohlf, Building and Zoning Administrator, underlying land use would not change as offices with the current C-2 zoning designation. stated that the are a permitted use Vice Chair Eberley opened the public hearing. No one appeared for or against the request, Vice Chair Eberley closed the public hearing. Commissioner Minton questioned whether it was more feasible to change the ordinance to allow zero lot lines in commercial situations rather than use the PUD Mechanism. . Mr. Rohlf stated that ordinance can be changed Council approval. staff would look into seeing if to accommodate these types of uses, the City with City Planning Commission Minutes June 23, 1992 Page 9 . Vice Chair Eberley stated that she would also like to see the ordinance changed to accommodate these types of uses rather than using the PUD mechanism. Commissioner Spotts stated that the City ordinance addresses the zero line situation for residential townhouses and duplexes and questioned whether the ordinance could be changed to include commercial zero line situations. Peter Beck, City Attorney, stated that the City would need a separate ordinance to address the issues of zero lot line development in commercial situations. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST BY DENNIS CHUBA FROM C-2/0FFICE DISTRICT TO PUD/PLANNED UNIT DEVELOPMENT CITING STAFF'S MEMO DATED 6/3/92 REGARDING THE FINDINGS OF FACTS. COMMISSIONER MINTON SECONDED THE MOTION. COMMISSIONER SPOTTS AMENDED THE MOTION TO INCLUDE A RECOMMENDATION TO THE CITY COUNCIL THAT THEY REVIEW THE ORDINANCE TO ADDRESS THE ISSUES OF ZERO LOT LINE DEVELOPMENT IN COMMERCIAL SITUATIONS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 11. Consider Conditional Use Permit Request (Office Complex) by Dennis Chuba/P.H. . Steve Rohlf, Building & Zoning Administrator, stated that along with the conditional use permit request, an administrative subdivision to create three parcels is needed contingent upon the zone change and CUP being approved. Janelle Szklarski, Zoning Assistant, stated that she had received a call from Glenn Sundeen, Elk River Utilities Electrical Department stating his concern with the potential size of the green ash trees that the applicant was planning on planting that they are very fast growing trees which could interfere with the utility's overhead wires. Mr. Sundeen would like to see the applicant substitute some other type of trees, perhaps slower growing. Ms. Szklarski stated that she had talked with Gary Schmitz, Recycling Coordinator, and he had given her a list of slower growing and shorter trees that might meet this criteria. Vice Chair Eberley opened the public hearing. Donald Driessen, 324 Main Street, questioned whether the applicant had a building permit for this project. Mr. Rohlf stated that the applicant can be issued a building permit because office buildings under the current C-2 zoning are a permitted use, although the developer is at his own risk until the City Council allows the developer to build with a zero lot line. . Stewart Wilson, 18975 Troy Street, asked if you zone change to a PUD, does the developer have to enter into a POD agreement with the City. Mr. Rohlf addressed his question, by stating that typically there is a PUD agreement, but staff is recommending that the conditions of the . ,. c. City Council Minutes ,July 20, 1992 Page 11 Councilmember Kropuenske stated that the Guardian Angels is located in a residential setting and further indicated that there is a residential property to the west of the Players Club center. He stated that when the PUD was established, hours of operation were set and extending the hours would be going against all previous planning for the area. Tim O'Brien, Administrative Assistant of the nursing horne, stated that they have been keeping a log of complaints during the three month time period. He reviewed the complaints with the Council and indicated his opposition to the extension of hours. COUNCILMEMBER KROPUENSKE MOVED TO DENY THE REQUEST BY PLAYERS CLUB BILLIARDS TO EXTEND THE HOURS OF OPERATION FROM 1;00 A.M. TO 3;00 A.M. ON SATURDAYS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Councilmember Schuldt stated he was opposed to the extension of hours from the beginning. Councilmember Dietz indicated that he has had some negative calls from residents regarding the extension of hours. Councilmember Holmgren stated that the operation has been cleaned up during the trial period. Councilmember Holmgren further stated that the 3:00 issue is out of context as the real issue is whether or not the Billiards Center should be in its present location. He indicated that two more hours of operation would not be a great concern. MOTION CARRIED 4-1. Councilmember Holmgren opposed. 5.15. Custom Motors Junkyard Steve Rohlf indicated that the City Council had directed the Planning Commission to review whether or not the City should initiate a zone change for Custom Motors property. A zone change from industrial to single family would make them consistent with the land use map and start a five year amortization period for the junk yard business. Dan Tveite stated that the Planning Commission recommended that the owners have time to develop an action plan regarding the site and further, that the developers bring the plan to the Planning Commission in August. 5.16. Other steve Rohlf stated that work on the Highway 101 project would be done at night as required by Minnesota Department of Transportation. He stated that as a point of information, Barton's Sand & Gravel will be in operation during the evening so as to supply the material to the contractors working on Highway 101. ~. Steve Rohlf updated the Council on the following future ordinance amendments to be considered by the Planning Commission: zero lot line in commercial areas; issuance of building permits after platting; and uses of PUD's. It was the consensus of the Council to initiate these three ordinance amendments.