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HomeMy WebLinkAbout2012-05-16 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # qE DATE 5/16/12 • PREPARED BY Community Development John M. Burbank ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider approving an amendment to City Code Title 11 -3 -3A, Accessory Structures, to clarify exterior finish requirements for detached accessory structures. 2. Consider authorizing the publication of the ordinance amendment relative to accessory structure exterior materials by title and summary. STAFF RECOMMENDATION 1. Adopt the ordinance amendment clarifying exterior finish requirements for accessory structures. 2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNTFUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 4/23/12 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 5/10/12 ® RESOLUTION: Draft ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes from 4/23/12 Planning Commission meeting Excerpt from approved minutes from 2/27/12 Planning Commission meeting ADMINISTRATOR'S COMMENTS ity Administrator Date COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: May 10, 2012 RE: Accessory Structure Zoning Text Amendment Introduction Different interpretations of the zoning code over the years have resulted in the need for clarifi- cation of the exterior finish requirements for detached accessory structures. Planning Commission At their April 23, 2012, regular meeting, the Planning Commission reviewed information relating to standards for finish requirements for accessory structures in all residential zoning districts. Items discussed were if requirements should be differentiated by zoning district, parcel size, or other separating factors. The Commission unanimously (6 -to -0 vote) recommended approval of the ordinance amendment. Planning Considerations Detached accessory structures are currently allowed in all agricultural and residentially zoned properties. The size, height, and location are all regulated differently; specifically to each indi- vidual zoning district in accordance with City Code Title 11 -3 -3. The different standards are identified in the attached tables. The Zoning Ordinance also addresses the finish requirements for accessory structures in Title 11- 3-3A. The code reads: "Exterior finishes shall be durable and be architecturally compatible with and similar in design, color, and material to the principal structure. In the past, based on the zoning interpretation and previous practices, properties outside of the MUSA on larger acreage parcels within the R -1 and R -2 Zoning district were allowed to be of pole -type construction. Conditions of the approval for these structures were that roof pitch and finish color were similar or compatible to the principal structure. Metal clad siding and roofing were permitted. Distinctive knee walls and windows were encouraged to be incorporated into the final structure design. In addition to being reviewed by the Planning and Building Divisions through the building permit process, several of these structures were reviewed by the Planning Commission and City Council as properties went through variance or conditional use permit application review. In some instances, the City received comments from residents adjacent to a new accessory structure related to allowable maximum size and /or color. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 2 of 12 Several examples of structures that were issued building permits and the accompanying principal structure are shown below. The included examples identify the variety of exterior finish combinations that are currently in existence. R1 Zoning District Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 3 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 4 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 5 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 6 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 7 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 8 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 9 of 12 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 10 of 12 R2 Zoning District Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 11 of 12 .s � } �,c- Honorable Mayor Bailey, City Council Members and Ryan Schroeder Accessory structure finishes- Zoning text amendment. May 10, 2012 Page 12 of 12 Summary The Planning Commission reviewed the information above in relation to a preliminary ordinance amendment prepared by staff. After discussion the Commission recommended that the language that is highlighted in yellow in the attached draft ordinance be included and that the revised amendment be forwarded to the City Council for consideration of adoption. Recommendation That the City Council accepts the Planning Commission's recommendation to approve the attached Ordinance amending Title 11, Chapter 3, Section 3 subsection A relating to accessory Structures.: 1 ORDINANCE NO. XXX 6 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA 4 AMENDING CITY CODE TITLE 11 ZONING REGULATIONS, 5 CHAPTER 3, GENERAL ZONING; SECTION 3, PROVISIONS ACCESSORY 6 STRUCTURES; SUBSECTION A, CONSTRUCTION 7 8 9 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of 10 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 3, Section 11 3, Sub - Section A, to read as follows: 12 13 11 -3 -3: ACCESSORY STRUCTURES: 14 15 In all zoning districts, accessory structures shall be subject to the following performance 16 standards: 17 18 A. Construction: 19 20 1. Accessory structures are prohibited from being taller than or areater in footprint than the 21 principal structure. Building permits are required for all permanent accessory structures. 22 Temporary accessory structures including tents that consist of metal or fiberglass poles, 23 metal hoops and, pvc, cotton or nylon fabric covering materials are prohibited except as 24 Dermitted in coniunction with an appro conditional use, permitted camping area or 25 special event. 26 27 2. In all zonina districts the exterior finishe of accessory structures sized less than 160 square 28 feet shall be constructed of quality weather resistant materials consisting of wood, metal, or 29 engineered composite materials that are similar to the color palette of the principal structure. 30 _ 31 rlocig , __ and material to the principal StFUGt 'N 32 33 3. In all zoning districts the exterior finishes of accessory structures sized greater than 160 34 sauare feet shall be constructed of auality weather resistant materials in accordance with 35 Table 1 below: 36 37 TABLE 1 38 ACCESSORY STRUCTURE EXTERIOR MATERIAL STANDARDS Property Classification ,Exterior Finish AG -1 ': Wood metal, split face block, vinyl lab, or engineered cementitious ! materials. AG -2 , Wood metal split face block vinyl lap, or engineered cementitious structure. R -1 Wood metal, split face block, vinyl lap, or engineered cementitious materials that are similar to the color palette of the principal ; structure. Page 1 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 R -2 UR R -2.5 R -2A R -2B R -2C R -2D R -2E R -2 F R -3 R -4 R -3 and R -4 non -MUSA, 3 acres or greater R -5 R -6 PUD All properties meeting agricultural definitions Commercial and industrial ' The same design, material, and color palette of the principal structure. , The same design. material, and color of the principal structure. The same design, material and color of the principal structure. The same design, material, and color of the principal structure. The same design, material, and color of the principal structure. The same design, material, and color of the principal structure. The same design, material, and color of the principal structure. , The same design, material and color of the principal structure. The same design, material, and color of the principal structure. ! The same design, material_ and color of the principal structure. The same design, material, and color of the principal structure W ood metal split face block vinyl lap or engineered cementious materials that are similar to the color palette of the principal ! structure. The same design, material, and color of the principal structure ; The same design, material, and color of the principal structure �, Site plan review , Wood, metal, split face block, vinyl, or engineered cementious ( materials. ' Site plan review SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this day of 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. Page 2 • • - In all zoning districts, accessory structures shall be subject to the following performance standards: A. Construction: 1. Building permits are required for all accessory structures. 2. Exterior finishes shall be durable and be architecturally compatible with and similar in design, color and material to the principal structure. B. Number And Size: The number and size of accessory structures permitted on any lot shall be determined by the following table (Table 1). In addition to the accessory structures listed in table 1, one accessory storage structure, up to one hundred sixty (160) square feet in size, and swimming pools meeting the criteria established in Title 9, Chapter 11 of this Code shall be permitted on each lot. TABLE 1 ACCESSORY STRUCTURE SIZE AND NUMBER STANDARDS Property Classification NNumber JTotal Size AG -1 12 1[ 2,500 sq. ft. AG 4 1 2 12,500 sq. ft. R -1 12 2,500 sq. ft. R -22 12, 000 s q. ft. UR ;1 1 1,200 sq. ft. R -2.51 11,200 sq. ft. R -2A 1 1780 sq. ft. R-213 1 780 sq. ft. R -2C 1 780 sq. ft. R -2D 1 1480 sq ft. R -2 E n/a x n/a R -21F ',n/a i n /a R -3 1 11,000 sq. ft. j R -4 11 850 sq. ft. R -3 and R -4 nonMUSA, 3 acres or g reater 12 12,500 sq. ft. R -5 Site plan re view ;576 sq. ft. per unit R -6 (Site plan review 576 sq. ft. per unit _ PUD ;1 _ 1, 000 sq. ft. All properties meeting agricultural definitions Unlimited 300 sq. ft. per acre City Code Excerpt Title 11 -3 -3, Accessory Structures Page 2 of 3 Commercial and industrial ISite plan review ISite plan review C. Setbacks: Setbacks for accessory structures shall be determined by the following table (Table 2): TABLE 2 ACCESSORY STRUCTURE SETBACK REGULATIONS Property Classification 'Side Yard ;Rear Yard --------------- lFront Yard ''AG -1 X25 feet 50 feet Behind principal structure AG -2 X25 feet S50 feet Behind principal structure R -1 20 feet 1 ,50 feet Behind principal I structure j _ - - - -- R -2 120 feet '20 feet Behind principal j structure UR ' 15 feet Behind principal structure R-2.5 16 feet 15 feet Behind principal structure R -2A X 10 feet 115 feet Behind principal structure R -213, R -2C, and R -2D 1 15 feet t 15 feet Behind principal structure R -2A, R -213, R -2C, and R -2D �0 feet i20 feet Behind principal adjoining an alley structure R -2E and R -2F 50 feet 50 feet Behind principal structure R -3 '6 feet 10 feet !Behind principal structure R-4 6 feet 110 feet Behind principal structure R -5 ;Site plan review ,Site plan review Site plan review R -6 i ISite plan review !Site plan review Site plan review PUD 6 feet 15 feet Behind principal I I structure Commercial and industrial ENot in required ''Not in required 113ehind principal yards yards structure City Code Excerpt Title 11 -3 -3, Accessory Structures Page 3 of 3 D. Height: Height of accessory structures shall be determined by the following table (table 3): TABLE 3 ACCESSORY STRUCTURE HEIGHT STANDARDS Property Classification IMaximum A G -1 1,20 feet A G -2 120 feet R -1 120 feet R -2 120 feet U R 18 fe et R -2.5 118 feet R -2A, R -2B, R -2C, R -2D, R -2E, R -2F ;18 feet R -3 118 feet R -4 18 feet R -5 18 feet R -6 18 feet PUD 118 feet All di stricts meet agric ultural definitions Unlimited Commercial and industrial 120 feet I N ZA 1 110 E • WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which amends City Code Title 11 -3 -3A, Accessory Structures, which clarifies exterior finish requirements for accessory structures; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Title 11 -3 -3A, Accessory Structures. This amendment clarifies the exterior finish requirements for accessory structures. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 16th day of May 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk 7.1 Discussion on Accessory Structure Regulations (Ordinance Amendment) Burbank summarized the staff memorandum and provided a slideshow showing a com- parison of existing accessory structures to their principal structures. He asked for the Commission's direction on if the ordinance should be clarified. The Commission discussed building materials; colors; current ordinance language; whether there have been complaints or issues regarding accessory structure exteriors; which zoning districts would most likely see more dense redevelopment; and whether to base exterior material requirements on lot size or zoning district. Suggestions included requiring the exterior materials of accessory structures on lots 1.5 acres or smaller to match the principal structure; drafting a list approved exterior mate- rials; and establishing ordinance standards for the different zoning districts, such as in- cluding the R -1 district with the agricultural districts and creating standards for accessory structures over 160 square specifically for properties less than 1.5 acres with those standards whether in or out of the MUSA. Burbank stated that staff will craft ordinance language for further discussion. off *11014_0 .f �..• • • I T I 1 6 1 M Lei k i O ill a ■ 6.2 Accessory Structure Exteriors — TAl2 -013 The City of Cottage Grove has applied for a zoning text amendment to City Code Title 11 -3 -3A, Accessory Structures, clarify exterior finish requirements for accessory structures. Burbank summarized the staff report and recommended approval. Rostad asked if hoop structures with vinyl material would be allowed. Burbank re- sponded that those are temporary structures and are prohibited unless associated with a commercial greenhouse or nursery approved by conditional use permit or an agricultural use. Rostad expressed concern about the word "vinyl' in the ordinance because it may be construed that a temporary structure with a vinyl tarp would be allowed. Burbank stated that prior to going to the City Council staff could refine the language to clarify what would be allowed. Reese asked if accessory structures in residential areas could have a steel roof that is the same color as the principal structure. Burbank responded it would not be allowed if the principal structure does not have a metal roof. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Pearson made a motion approve the zoning text amendment related to acces- sory structure exteriors with the clarification on vinyl hoop structures. Reese seconded. Motion passed unanimously (6 -to -0 vote).