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Home My WebLink About2021-10-07 Planning Commission PacketCITY OF CORCORAN *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Corcoran Planning Commission Agenda October 7, 2021 - 7:00 pm 1.Call to Order / Roll Call 2.Pledge of Allegiance 3.Agenda Approval 4.Open Forum 5.Minutes a.Minutes – September 2, 2021* 6.New Business - Public Comment Opportunity a.PUBLIC HEARING. Zoning Amendment for Non-Conformities (city file 21-041)* i.Staff Report ii.Open Public Hearing iii.Close Hearing iv.Commission Discussion & Recommendation b.Zoning Amendment for Assembly Uses (city file 21-034)* (continued from September 2nd) i.Staff Report ii.Commission Discussion & Recommendation c.Final Plat and PUD Final Plan for “Amberley 1st Addition” and “Bellwether 6th Addition” (PID 01- 119-23-34-0002) (city file no. 21-037)* i. Staff Report ii. Commission Discussion & Recommendation 7.Reports/Information a.Planning Project Update* b.City Council Report* – Council Liaison Nichols c.Other Business 8.Commissioner Liaison Calendar City Council Meetings 10/14/21 10/28/21 11/10/21 11/22/21 12/9/21 12/23/21 Jacobs Wu Jacobs Lanterman Shoukak Wu 9. Adjournment CITY OF CORCORAN Corcoran Planning Commission Minutes September 2, 2021 - 7:00 pm The Corcoran Planning Commission met on September 2, 2021, in Corcoran, Minnesota. All Planning Commissioners were present in the Council Chambers, but members of the public were able to participate in-person as well as through electronic means using the audio and video conferencing platform Zoom. Present: Commissioners Jacobs, Lanterman, Shoulak, Vehrenkamp, and Wu. Also present: City Planner Lindahl, City Administrator Martens, and Council Liaison Nichols. 1.Call to Order/Roll Call Commissioner Jacobs called the meeting to order at 7:00 pm. 2.Pledge of Allegiance 3.Agenda Approval Motion made by Vehrenkamp, seconded by Lanterman, to approve the September 2, 2021, agenda. Voting Aye: Jacobs, Lanterman, Shoulak, Vehrenkamp, and Wu. (Motion carried 5:0). 4.Open Forum (none) 5. Minutes a. Minutes – August 5, 2021. Motion made by Vehrenkamp, seconded by Lanterman, to approve the minutes. Voting Aye: Jacobs, Lanterman, Shoulak, Vehrenkamp, and Wu. (Motion carried 5:0). 6.New Business – Public Comment Opportunity a.Final Plat and Final PUD Development Plan for “Tavera 2nd Addition” (PID 35-119-23-41- 0001 and 35-119-23-41-0002) (City File No. 21-036). i.Staff Report – Planner Lindahl presented the staff report. ii.Commission Discussion & Recommendation – The Commission discussion included a comparison of Final Plat and Final PUD plans to preliminary approvals, wetland buffers and setbacks, the variety of trees shown in the landscape plan, lot dimensions and setbacks, ability of homeowners to add a deck or porch in back yard, the stormwater maintenance agreement, LP trim, creation of an approved tree list, and traffic and road improvements on County Road 116 and Hackamore. Motion made by Shoulak, seconded by Wu, to approve the Final Plat and Final PUD Development Plan for “Tavera 2nd Addition” with amendment to item 19h regarding the 15’ wetland setback for structures. Voting Aye: Jacobs, Shoulak, Vehrenkamp, and Wu. Abstained: Lanterman (Motion carried 4:0:1). b.Public Hearing. Zoning Amendment for Assembly Uses (City File No. 21-034). i.Staff Report – Planner Lindahl presented the staff report. Mayor Mckee clarified the proposed setback under the performance standard option. Mayor Mckee stated the Commission can also choose to make a recommendation for no changes be made to the existing ordinance. Commissioner Lanterman asked for the City Attorney’s opinion on the two options and ability to rezone districts as needed. ii. Public Hearing – Chair Jacobs opened the public hearing. Jonathan Coots, 19398 Lupine Lane, stated his support for removing conditional uses from low-density residential zones. He stated if performance standards are applied, he preferred the Mayor’s sliding scale approach to the setback than a blanket setback. He argued that the large collective of the City should be driving the City’s decision rather than large property owners. Sarah Nichols, 6334 Steeple Chase Lane, reminded the Commission that 1,000 people signed a petition that opposed the proposed large church building one year ago. She said the current system is broken and needs to be fixed. She said setbacks and controls need to be adjusted. She also reminded the Commission of the meeting on July 2, 2020, that ended at 2 AM due to public outcry of a proposed assembly use in a low-residential area. Katherine Drivas, 6747 Olde Sturbridge Drive, argued in favor of the proposed performance standards as this will provide applicants with clear baseline as to what the City is willing to approve. She stated her opposition to completely preventing assembly uses from certain areas because these places should be either in or close to areas within the MUSA. She has concerns with lack of infrastructure available to accommodate large buildings in the Rural Residential area while making the development affordable. She stated that residential development is what is driving significant traffic in the area. She also believed that impacted property owners with a significant investment in land within this area have the right to fully exercise their property rights, and believes if property owners can work with developers to meet the standards of Option 2 is a fine compromise for everyone. She stated her opinion that places of worship and schools in the heart of the community are valuable. City Administrator Martens noted that Greg Hoglund and Tim Boser were on the Zoom call earlier, and that they both have voiced their opinions at previous Council meetings. iii. Close Hearing Motion made by Vehrenkamp, seconded by Wu, to close the public hearing. Voting Aye: Jacobs, Lanterman, Shoulak, Vehrenkamp, and Wu. (Motion carried 5:0). iv. Commission Discussion & Recommendation – The Commission discussed the approval process, the potential for variances and PUDs as a result of the performance standards, the implications of sending kids to school in commercial or industrial areas, how to responsibly accommodate growth and development, agreement in changing the name of the definition for places of worship, the need for the City Attorney to specifically weigh-in on both options, the ease of administration and clarity with Option 1, the implications of removing cultural institutions and residential facilities in residential districts, the legality of removing larger residential facilities in low-density residential districts, the potential of keeping places of worship and schools in residential districts as well as add them to GMU and I-1, and previous Council discussions with and without the City Attorney on both options. The Commission discussed applying the standards based on the footprint versus total gross area of the building, tiered setbacks, the maximum size of the setbacks, allowing increased landscaping and sustainable stormwater management as a method for relief from the setback standards, and application of setbacks for parking. Motion made by Lanterman, seconded by Vehrenkamp, to table item 6b. for additional discussion at the October 7, 2021, with the City Attorney present. Voting Aye: Jacobs, Lanterman, Shoulak, Vehrenkamp, and Wu (Motion passed 5:0). 7. Reports/Information a. Planning Project Update – The Commission discussed status updates for projects recently went through the Planning Commission and how changes to proposals between Planning Commission and City Council meetings are handled. b. Reschedule Planning Commission Training – Planner Lindahl explained that due to the new opening on the Planning Commission, the training will most likely be postponed to January 2022. c. City Council Report – Councilor Nicholas confirmed Cook Lake Highlands was approved and discussed insights received from developers on the Urban Conservation Subdivision ordinance discussed at the previous Council work session. City Administrator Martens brought up a sketch plan for the Roehlke property for residential and commercial lots and encouraged early feedback from the Planning Commission. d. Other Business – Chair Jacobs recognized Commissioner Vehrenkamp’s appointment to the City Council and thanked him for his service on the Planning Commission. 8. Commissioner Liaison Calendar City Council Meetings 09/09/21 09/23/21 10/14/21 10/28/21 11/10/21 11/22/21 Lanterman Shoulak Jacobs Wu Jacobs Lanterman 9. Adjournment Motion made by Lanterman, seconded by Wu, to adjourn the September 2, 2021, Planning Commission meeting. Voting Aye: Jacobs, Lanterman, Shoulak, Vehrenkamp, and Wu. (Motion carried 5:0). Meeting adjourned at 9:58 PM. Submitted by Natalie Davis Planner Page 1 of 15 STAFF REPORT Agenda Item 6a. Planning Commission Meeting: October 7, 2021 Prepared By: Natalie Davis Topic: Nonconformities Section 1030.010 Zoning Ordinance Amendment (City File No. 21- 041) Action Required: Recommendation 60-Day Review Deadline: N/A 1. Request: Update Section 1030.010 (Non-Conforming Buildings, Structures, Uses and Lots) to bring the ordinance into compliance with Minnesota State Statute 462.357, Subd. 1e. Additionally, update Section 1020.020 (Definitions) to include clear definitions of terms of art used in the Ordinance, including non-conforming lots. 2. Context: Since 2019, staff identified several priority areas to update within the City Code. One of the priority tasks identified for 2021 was an update to the Nonconformity Section 1030.010 of the Zoning Code as the current ordinance is not in compliance with prevailing Minnesota State Statutes in some areas. Earlier this year it became apparent that the term “nonconforming lot” was not clearly defined in Section 1020.020, and nonconforming lots are excluded in the definition of “non-conforming use.” Typically, the City turns to The Webster’s Dictionary when a definition is not included in the City Code, but this resource also does not specifically define “nonconforming lot.” This left the term “nonconforming lot” open to some interpretation and debate in how to apply the Development Rights Program in tandem with the protections granted under Section 1030.010, Subd. 4 (Non-Conforming Lots). At the June 10, 2021, City Council meeting, staff was directed to update the code to provide a clear definition of “nonconforming lot” going forward. The proposed ordinance update addresses this concern. Additional definitions for terms of art used throughout the proposed ordinance are provided for clarity. 3. Analysis of Request: Section 1020.020 (Definitions) Staff proposes to add eight definitions to 1030.010. Minnesota law provides that any legal nonconformity has a right to continue through repair, replacement, restoration, maintenance, or improvement. State statute does not grant legal nonconformities the right of expansion, but cities may choose to allow Page 2 of 15 expansion by ordinance. Staff believes the terms “replacement,” “restoration,” “improvement,” and “expansion” may leave room for interpretation without clearly defined parameters. Some cities, such as Lakeville, define these terms in the city zoning ordinance. Staff recommends using the following terms of art and definitions: EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function, or purpose of the nonconforming use, such as the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. IMPROVEMENT: Making a legal nonconforming use, structure, or lot better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. REPLACEMENT, RECONSTRUCTION, OR RESTORATION: Construction that exactly matches preexisting conditions. While “conditional use” and “use, permitted” are defined in Section 1020.010, “interim use” is not currently defined. Since “interim use” is a term of art used throughout the Zoning Ordinance as well as within the proposed definitions related to nonconformities, staff recommends adding the following language: INTERIM USE: An approved temporary use of property until a particular date or until the occurrence of a particular event. Additionally, staff recommends changing the title of “use, permitted” to “permitted use” for consistency and ease of use going forward. The rest of the definition for permitted use remains unchanged. PERMITTED USE: A public or private use which of itself conforms to the purposes, objectives, requirements, regulations, performances standards of a particular district. The City Code currently defines “use, non-conforming,” but does not include clear definitions of “nonconforming buildings and structures” and “nonconforming lot.” Staff proposes removing the existing definition of “use, non-conforming” to change the title of the definition for ease of use (all definitions that start with “nonconforming” will be located next to each other) as well as provide a more comprehensive definition of the term of art. USE, NON-CONFORMING: A use of land, building or structure lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Page 3 of 15 Ordinance or any use of land, building or structure lawfully existing prior to the adoption of an amendment of this Ordinance which would not comply with all of the newly adopted regulations. Staff proposes using the following definitions going forward: NONCONFORMING BUILDINGS AND STRUCTURES: Structures which at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Zoning Ordinance no longer conform to applicable yard, height, lot coverage or other dimensions or bulk provisions or do not meet other on-site development standards, such as an insufficient number of parking spaces. NONCONFORMING LOT: A lot of record that was created lawfully based on the access, frontage, area, and other dimensional requirements of the then prevailing Zoning Ordinance, but it no longer meets the minimum requirements after the adoption, revision, or amendment to the requirements of the underlying zoning district. NONCONFORMING USE: The use of land or structures that, as of the effective date of this Code, or applicable amendment thereto, are used for purposes that are not permitted in the zoning district in which they are located. Uses that were specifically authorized as a conditional or interim use are not considered nonconforming uses even if the use is no longer permitted within that zoning district. Such use will continue to be considered a conditional or interim use. Section 1030.010 (Nonconforming Buildings, Structures, Uses, and Lots) In researching examples of city codes that are generally in compliance with Minnesota State Statute 462.357, staff turned to language by Lakeville and St. Cloud as well as the League of Minnesota Cities’ Minnesota Basic Code. Staff believes it more efficient to repeal and replace the existing verbiage of Section 1030.010 as some subdivisions will be completely removed where it is believed the City does not have the authority to implement such provisions and several alterations to organization and language of the Section are proposed. Currently Section 1030.010, Subd. 1 reads as follows: Subd. 1. Conditional Uses and Interim Uses. Any established building, structure, use or lot legally existing prior to March 23, 2004, and which is classified by this Zoning Ordinance as requiring a conditional use permit or interim use permit may be continued in a like fashion and activity and shall automatically be considered as having received conditional use permit or interim use permit approval. However, any change to such use or building shall require a new conditional use permit or interim use permit to be processed according to this Zoning Ordinance. It is not believed that the City has the authority to enforce this provision. Staff proposes replacing Subd. 1 with the following: Page 4 of 15 Subd. 1. General Standards of Applicability A. Authority to Continue Any use, structure, or lot that existed as a lawful nonconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Code, remains illegal if it does not conform with each and every requirement of this Code. B. Burden on Property Owner to Establish Legality In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Ordinance is upon the property owner of the nonconforming use, structure, or lot. C. Safety Regulations The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to, all building, fire, and health codes, apply to nonconforming structures. The current language of Subd. 2 is focused on nonconforming uses and reads as follows: Subd. 2. Non-conforming Uses. A. Effective Date. The legal use of buildings or land existing at the effective date of this Ordinance, which does not conform to the provisions of this Ordinance may be continued, but shall not be enlarged or increased nor shall it be expanded to occupy a greater area of the building or land occupied at the time of adoption of this Ordinance. Furthermore, a non-conforming use may not be moved to another portion of the land or building. B. Continued Use. Non-conforming uses shall not be expanded, but may be continued at the same size and in the same manner of operation as it existed on the date it became a legal, non-conforming use. C. Changes to Non-Conforming Uses. Page 5 of 15 1. When a legal, non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. 2. A legal, non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non- conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity. D. Discontinuance. In the event that a non-conforming use of any building or lot is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located. E. Normal Maintenance. Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary non-structural repair and incidental alterations which do not extend or intensify the non-conforming building or use. Staff proposes replacing the above language with the below verbiage that removes redundancies from proposed Subd. 1 and clarifies the rights of nonconforming uses within the City as granted by State statute: Subd. 2. Nonconforming Use A. Ordinary Repairs and Maintenance Normal repair, replacement, restoration, maintenance, or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use. B. Structural Alterations Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use. In addition, the following exceptions apply: 1. When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration is for the purpose of bringing the use into conformity. Page 6 of 15 C. Expansion of Use A nonconforming use of land or a structure may not be expanded, enlarged, or intensified, as defined in Section 1020.020. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited. D. Changes to Nonconforming Uses: 1. A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of the Zoning Ordinance is deemed an abandonment of the previously existing lawful nonconforming use. 2. When a nonconforming use of land or a structure has been changed, in whole or in part, to a conforming use, the whole or part which has been made to conform may not be changed back to a nonconforming use. 3. A nonconforming use of land or a structure may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. E. Discontinuation or Abandonment If a nonconforming use or occupancy is discontinued for a continuous period of one (1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, uncontrollable events, or other acts without any contributing fault by the user, must not be included in calculating the length of discontinuance for this section. F. Damage or Destruction 1. If a structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or less of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of Page 7 of 15 nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. If a building permit is not obtained within one (1) year, then the nonconforming use cannot be continued. 2. If a nonconforming structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value at that time and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section to mitigate any newly created impact on adjacent property. Subd. 3 discusses nonconforming buildings and structures as follows: Subd. 3. Non-Conforming Buildings and Structures. A. Restoration. No legal, non-conforming use, building or structure which has been damaged by fire, explosion, act of God, or other peril, to the extent of greater than 50 percent of its market value, as determined by the City Building Official, and no building permit has been applied for within 180 days of when the property was damaged, shall be restored, except in conformity with the regulations of this Ordinance. B. Alterations. Alteration and normal maintenance to a legal, non- conforming building or structure may be made provided: 1. The alterations do not expand the building size. 2. The alterations do not change the building occupancy capacity or parking demand. 3. The alteration does not increase the non-conformity of the building or the use. C. Expansion of Non-Conforming Buildings or Structures. 1. Administrative Approvals. The following expansions of legal, non- conforming buildings and structures may be approved if the Zoning Administrator determines that the building expansion will have no external negative impacts upon adjacent properties or public rights- of-way. Page 8 of 15 a. Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural non-conformity is not increased and the expansion complies with the performance standards of this Ordinance. 2. Conditional Use Permit. Legal, non-conforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided: a. The expansion will not increase the non-conformity of the building or site. b. The new building expansion will conform to all the applicable performance standards of this Ordinance. A conditional use permit shall not be issued under this Section for a deviation from other requirements of this Ordinance unless variances are also approved. c. The request for conditional use permit shall be evaluated based on standards and criteria set forth in this Ordinance. The replacement verbiage for Subd. 3 proposes adding limited protection for recently approved (but not yet existing) structures and again clarifies the rights granted to existing nonconforming buildings and structures by State statute. Staff proposes keeping the administrative permit and conditional use permit process that allows expansion of nonconforming buildings and structures under certain conditions. The proposed language is as follows: Subd. 3. Nonconforming Buildings and Structures A. Proposed Structure Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure. B. Ordinary Repairs and Maintenance Page 9 of 15 Normal repair, replacement, restoration, maintenance, or improvement may be performed on any legal nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity, increase the degree or intensity of any previously existing nonconformity, or increase the bulk or density of the structure in any manner. C. Structural Alterations Structural alterations to a legal nonconforming building or structure may be made through the building permit process provided: 1. The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this section; and 2. The alterations do not increase the building occupancy capacity or parking demand; and 3. The alterations do not increase the degree of the nonconforming conditions of the building, site, or the use. D. Expansion of Legal Nonconforming Buildings or Structures 1. Administrative Approvals The Zoning Administrator may approve the following expansions of legal nonconforming buildings and structures after a determination that the building expansion will have no external negative impacts upon adjacent properties or public rights-of-way, and subject to the provision of Corcoran City Code Section 1070.060, Subd. 3.: a. Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of the Zoning Ordinance. 2. Conditional Use Permit Legal, nonconforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided: a. The expansions will not increase the nonconformity of the building or site; and Page 10 of 15 b. The new building expansion will conform to all the applicable performance standards of the Zoning Ordinance. A conditional use permit shall not be issued under this Section for a deviation from other requirements of the Zoning Ordinance unless variances are also approved; and c. The request for conditional use permit shall be evaluated based on standards and criteria set forth in Corcoran City Code Section 1070.020, Subd. 3. E. Relocation A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot or parcel unless brought into full compliance with the Zoning Ordinance. A nonconforming structure may be relocated to another lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated. F. Damage or Destruction 1. If a nonconforming building or structure is damaged or destroyed to the extent of less than fifty percent (50%) of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. 2. If a nonconforming structure is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property. Subd 4. focuses on nonconforming lots and currently reads as follows: Subd. 4. Non-Conforming Lots. A. Vacant or Redeveloped Lots. Page 11 of 15 1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Ordinance shall be deemed a buildable lot provided: a. The lot has frontage on a public right-of-way, or is governed by a valid driveway agreement, b. The lot has access to municipal sewer and water if located within the municipal urban service boundary, has an approved well and an approved on-site septic system or is able to provide a well and on-site septic system in compliance with all City and State requirements. c. The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the City’s Comprehensive Plan and Zoning Ordinance. 2. The owner must submit a driveway permit to the Public Works director for access to any public street, including new, modified or relocated driveways prior to construction. 3. Lot Combination. If an owner has an interest in more than one lot of record contiguous to other lots of record, all such lots shall be combined to meet the requirements of this Section or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming to the provisions of the existing zoning district. B. Developed Lots. An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Ordinance. It is believed that the City does not have the authority to implement Subd. 4(A)(3) as written above except for certain lots within the Shoreland Overlay District as specified in State statute. This provision as it applies to nonconforming lots in general has been removed in the replacement language. Additionally, the proposed replacement clarifies that nonconforming lots within the Rural Residential and Urban Reserve District must have a development right in order to develop or redevelop. Further, the rights of Page 12 of 15 nonconforming lots within the Shoreland Overlay District are clarified consistent with State statute. The proposed verbiage is as follows: Subd. 4. Nonconforming Lots A. Vacant or Redeveloped Lots 1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Code shall be deemed a buildable lot provided: a. The lot has frontage on a public right-of-way, or is governed by a valid driveway agreement; and b. The lot has access to municipal sewer and water if located within the municipal urban service boundary, or otherwise has an approved well and an approved on-site septic system or is able to provide a well and on-site septic system in compliance with all City and State requirements; and c. The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the City’s Comprehensive Plan and Zoning Ordinance; and d. The lot, if located within the Rural Residential or Urban Reserve districts, has a development right. 2. The owner must apply for and receive a valid driveway permit from the Public Works director for access to any public street, including new, modified, or relocated driveways, prior to construction. B. Developed Lots An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of the Zoning Ordinance. C. Shoreland Overlay District 1. Nonconforming shoreland lots of record may be allowed as a building site without variances from lot size requirements, subject to the following provisions consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time: Page 13 of 15 a. All structure and septic system setback distance requirements can be met; and b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. The impervious surface coverage does not exceed twenty-five percent (25%) of the lot. 2. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time: a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; and b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080; and c. Impervious surface coverage must not exceed twenty-five percent (25%) of each lot; and d. Development of the lot is consistent with the 2040 Comprehensive Plan. 3. A lot unable to meet the requirements of paragraph (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. 4. Notwithstanding paragraph (2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. Page 14 of 15 5. In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforming lot of record, the property owner shall be required, when appropriate, to address storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. 6. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Lastly, staff proposes the addition of Subd. 5 to clarify the instances where there are exceptions to rights normally granted to nonconformities. These exceptions are allowed per State statute. The proposed language is as follows: Subd. 5 Exceptions to Nonconformity Regulations A. The City shall regulate the repair, replacement, maintenance, improvement of nonconforming uses, buildings, and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and to avoid an increase in flood damage potential or increase the degree of obstruction to flood flows in the floodway. B. The nonconformity provisions of this Ordinance do not prohibit the City from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters, or similar adult use businesses). The City may enact, amend, or enforce and ordinance providing for the elimination or termination of adult uses by amortization, even if such use was lawful at the time of its inception. 4. Recommendation: Move to recommend approval of the following: a. Ordinance Amendment to Sections 1020.020 and 1030.010 b. Resolution Approving Findings of Fact c. Summary Ordinance for Publication Attachments: 1. Ordinance Amendment to Sections 1020.020 and 1030.010 2. Resolution Approving Findings of Fact 3. Summary Ordinance for Publication Page 15 of 15 4. Minnesota State Statute 462.357, Subd. 1e. (Nonconformities) 5. Lakeville City Code Chapter 15 (Nonconforming Buildings, Structures and Uses) 6. St. Cloud City Code Article 20 (Nonconformities) 7. League of Minnesota Cities’s “The Minnesota Basic Code” Section 151.58 (Nonconforming Uses) City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 1 of 8 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF SECTIONS 1020.020 AND 1030.010 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE RELATED TO NONCONFORMING BUILDINGS, STRUCTURES, USES, AND LOTS (CITY FILE 21- 041) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Section 1020.020 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1020.020 - DEFINITIONS EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function, or purpose of the nonconforming use, such as the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. INTERIM USE: An approved temporary use of property until a particular date or until the occurrence of a particular event. IMPROVEMENT: Making a legal nonconforming use, structure, or lot better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. NONCONFORMING BUILDINGS AND STRUCTURES: Structures which at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Zoning Ordinance no longer conform to applicable yard, height, lot coverage or other dimensions or bulk provisions or do not meet other on-site development standards, such as an insufficient number of parking spaces. NONCONFORMING LOT: A lot of record that was created lawfully based on the access, frontage, area, and other dimensional requirements of the then prevailing Zoning Ordinance, but it no longer meets the minimum requirements after the adoption, revision, or amendment to the requirements of the underlying zoning district. NONCONFORMING USE: The use of land or structures that, as of the effective date of this Code, or applicable amendment thereto, are used for purposes that are not permitted in the zoning district in which they are located. Uses that were specifically authorized as a conditional or interim use are not considered non-conforming uses even if the use is no longer permitted within that zoning district. Such use will continue to be considered a conditional or interim use. City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 2 of 8 PERMITTED USE: A public or private use which of itself conforms to the purposes, objectives, requirements, regulations, performances standards of a particular district. REPLACEMENT, RECONSTRUCTION, OR RESTORATION: Construction that exactly matches preexisting conditions. USE, NON-CONFORMING: A use of land, building or structure lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any use of land, building or structure lawfully existing prior to the adoption of an amendment of this Ordinance which would not comply with all of the newly adopted regulations. USE, PERMITTED: A public or private use which of itself conforms to the purposes, objectives, requirements, regulations, performance standards of a particular district. SECTION 2. Amendment of the City Code. The text of Section 1030.010 of the Corcoran City Code is hereby repealed and replaced by the underlined material as follows: 1030.010 - NONCONFORMING BUILDINGS, STRUCTURES, USES, AND LOTS Subd. 1. General Standards of Applicability A. Authority to Continue Any use, structure, or lot that existed as a lawful nonconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Code, remains illegal if it does not conform with each and every requirement of this Code. B. Burden on Property Owner to Establish Legality In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Ordinance is upon the property owner of the nonconforming use, structure, or lot. C. Safety Regulations The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to, all building, fire, and health codes, apply to nonconforming structures. Subd. 2. Nonconforming Use A. Ordinary Repairs and Maintenance Normal repair, replacement, restoration, maintenance, or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 3 of 8 increase the intensity, bulk or density of the nonconforming use. B. Structural Alterations Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use. In addition, the following exceptions apply: 1. When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration is for the purpose of bringing the use into conformity. C. Expansion of Use A nonconforming use of land or a structure may not be expanded, enlarged, or intensified, as defined in Section 1020.020. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited. D. Changes to Nonconforming Uses: 1. A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of the Zoning Ordinance is deemed an abandonment of the previously existing lawful nonconforming use. 2. When a nonconforming use of land or a structure has been changed, in whole or in part, to a conforming use, the whole or part which has been made to conform may not be changed back to a nonconforming use. 3. A nonconforming use of land or a structure may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. E. Discontinuation or Abandonment If a nonconforming use or occupancy is discontinued for a continuous period of one (1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, uncontrollable events, or other acts without any contributing fault by the user, must not be included in calculating the length of discontinuance for this section. F. Damage or Destruction 1. If a structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or less of the City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 4 of 8 market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. If a building permit is not obtained within one (1) year, then the nonconforming use cannot be continued. 2. If a nonconforming structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value at that time and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section to mitigate any newly created impact on adjacent property. Subd. 3. Nonconforming Buildings and Structures A. Proposed Structure Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure. B. Ordinary Repairs and Maintenance Normal repair, replacement, restoration, maintenance, or improvement may be performed on any legal nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity, increase the degree or intensity of any previously existing nonconformity, or increase the bulk or density of the structure in any manner. C. Structural Alterations Structural alterations to a legal nonconforming building or structure may be made through the building permit process provided: 1. The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this section; and 2. The alterations do not increase the building occupancy capacity or parking demand; and 3. The alterations do not increase the degree of the nonconforming conditions of the building, site, or the use. D. Expansion of Legal Nonconforming Buildings or Structures 1. Administrative Approvals City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 5 of 8 The Zoning Administrator may approve the following expansions of legal nonconforming buildings and structures after a determination that the building expansion will have no external negative impacts upon adjacent properties or public rights-of-way, and subject to the provision of Corcoran City Code Section 1070.060, Subd. 3.: a. Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of the Zoning Ordinance. 2. Conditional Use Permit Legal, nonconforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided: a. The expansions will not increase the nonconformity of the building or site; and b. The new building expansion will conform to all the applicable performance standards of the Zoning Ordinance. A conditional use permit shall not be issued under this Section for a deviation from other requirements of the Zoning Ordinance unless variances are also approved; and c. The request for conditional use permit shall be evaluated based on standards and criteria set forth in Corcoran City Code Section 1070.020, Subd. 3. E. Relocation A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot or parcel unless brought into full compliance with the Zoning Ordinance. A nonconforming structure may be relocated to another lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated. F. Damage or Destruction 1. If a nonconforming building or structure is damaged or destroyed to the extent of less than fifty percent (50%) of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. 2. If a nonconforming structure is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one-hundred eighty (180) days of when the property is City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 6 of 8 damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property. Subd. 4. Nonconforming Lots A. Vacant or Redeveloped Lots 1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Code shall be deemed a buildable lot provided: a. The lot has frontage on a public right-of-way, or is governed by a valid driveway agreement; and b. The lot has access to municipal sewer and water if located within the municipal urban service boundary, or otherwise has an approved well and an approved on-site septic system or is able to provide a well and on-site septic system in compliance with all City and State requirements; and c. The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the City’s Comprehensive Plan and Zoning Ordinance; and d. The lot, if located within the Rural Residential or Urban Reserve districts, has a development right. 2. The owner must apply for and receive a valid driveway permit from the Public Works director for access to any public street, including new, modified, or relocated driveways, prior to construction. B. Developed Lots An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of the Zoning Ordinance. C. Shoreland Overlay District 1. Nonconforming shoreland lots of record may be allowed as a building site without variances from lot size requirements, subject to the following provisions consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time: a. All structure and septic system setback distance requirements can be met; and b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 7 of 8 sewer; and c. The impervious surface coverage does not exceed twenty-five percent (25%) of the lot. 2. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time: a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; and b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080; and c. Impervious surface coverage must not exceed twenty-five percent (25%) of each lot; and d. Development of the lot is consistent with the 2040 Comprehensive Plan. 3. A lot unable to meet the requirements of paragraph (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. 4. Notwithstanding paragraph (2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. 5. In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforming lot of record, the property owner shall be required, when appropriate, to address storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. 6. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. 5 Exceptions to Nonconformity Regulations A. The City shall regulate the repair, replacement, maintenance, improvement of nonconforming uses, buildings, and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and to City of Corcoran County of Hennepin State of Minnesota October 28, 2021 ORDINANCE NO. 2021- Page 8 of 8 avoid an increase in flood damage potential or increase the degree of obstruction to flood flows in the floodway. B. The nonconformity provisions of this Ordinance do not prohibit the City from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters, or similar adult use businesses). The City may enact, amend, or enforce and ordinance providing for the elimination or termination of adult uses by amortization, even if such use was lawful at the time of its inception. SECTION 3. Effective Date This Ordinance shall be in full force and effect upon its adoption. ADOPTED by the City Council on the 28th day of October 2021. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Tom McKee - Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director City of Corcoran October 28, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021- Page 1 of 2 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING SECTIONS 1020.020 AND 1030.010 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE REALTED TO NONCONFORMING BUILDINGS, STRUCTURES, USES, AND LOTS (CITY FILE 21-041) WHEREAS, Minn. Stat. § 462.357, Subd. 1e was revised in 2004, 2005, and 2009 to clarify protections for nonconformities; and WHEREAS, Section 1030.010 of the City Code has not been updated since it was enacted on March 23, 2004; and WHEREAS, City staff recommends repealing and replacing Section 1030.010 of the City Code; and WHEREAS, the amended definitions to Section 1020.020 of the City Code provide clarity as to the proper interpretation of terms of art in Section 1030.010 of the City Code; and WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corcoran, Minnesota, that it does approve an amendment to Title X (Zoning Ordinance) of the City Code to amend the regulation of nonconforming buildings, structures, uses, and lots, based on the following findings: 1. The amendments are consistent with Minn. Stat. § 462.357, Subd. 1e. 2. The amendments are consistent with other City Code standards and City policies. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean City of Corcoran October 28, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021- Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of October 2021. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director City of Corcoran October 28, 2021 County of Hennepin State of Minnesota ORDINANCE NO. 2021- Page 1 of 1 Motion By: Seconded By: SUMMARY OF ORDINANCE NO. 2021- AN ORDINANCE AMENDING THE TEXT OF SECTIONS 1020.020 AND 1030.010 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE RELATED TO NONCONFORMING BUILDINGS, STRUCTURES, USES, AND LOTS (CITY FILE 21-041) The text of Title X (Zoning Ordinance) of the City Code of the City of Corcoran, Minnesota, is hereby amended with revised definitions and provisions for nonconforming buildings, structures, uses, and lots. A printed copy of the entire amendment is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 28th day of October 2021. Tom McKee – Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director Page 1 of 2 2020 Minnesota Statutes 462.357, Subd. 1e. Nonconformities. (a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults- only theaters, or similar adults-only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Paragraphs (d) to (j) apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to paragraphs (d) to (j). (e) A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) all structure and septic system setback distance requirements can be met; Page 2 of 2 (2) a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (3) the impervious surface coverage does not exceed 25 percent of the lot. (f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; (2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4) development of the lot must be consistent with an adopted comprehensive plan. (g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (h) Notwithstanding paragraph (f), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (i) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (j) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. CHAPTER 15 NONCONFORMING BUILDINGS, STRUCTURES AND USES SECTION: 11-15-1: Purpose 11-15-3: General Provisions 11-15-5: Nonconforming Uses 11-15-7: Nonconforming Buildings And Structures 11-15-9: Nonconforming Lots 11-15-1: PURPOSE: It is the purpose of this chapter to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. This zoning title establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this chapter that all nonconforming uses shall be eventually brought into conformity. (Ord. 674, sec. 1, 7-17-2000) 11-15-3: GENERAL PROVISIONS: A. Conditional Uses/Interim Uses/Uses By Administrative Permit: Any legal nonconforming structure or use that is herein classified as a conditional use, interim use, or use by administrative permit may be continued in like fashion and activity and shall automatically be considered as having received the applicable approval. Any change to such a use, including, but not limited to, building and/or site alteration, shall however require a new permit be processed according to this title. (Ord. 867, sec. 18, 5-17-2010) B. Moving Nonconforming Buildings: Subject to section 11-17-25 of this title, no nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time it became a legal nonconformity, unless such movement will reduce the nonconformity. (Ord. 867, sec. 19, 5-17-2010) C. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming nonconforming. (Ord. 674, sec. 1, 7-17-2000) D. Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this chapter, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the city of Lakeville may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 3. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (Ord. 867, sec. 20, 5-17-2010) E. Definitions: For the purposes of this section, the following terms shall be defined as follows: EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. IMPROVEMENT: Making the nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. REPLACEMENT, RECONSTRUCTION OR RESTORATION: Construction that exactly matches preexisting conditions. (Ord. 867, sec. 21, 5-17-2010) 11-15-5: NONCONFORMING USES: A. Effective Date: (Rep. by Ord. 815, sec. 2, 12-18-2006) B. Changes To Nonconforming Uses: 1. When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. 2. A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Ord. 867, sec. 22, 5-17-2010) C. Discontinuance: (Rep. by Ord. 815, sec. 2, 12-18-2006) D. Normal Maintenance: Maintenance of a building or other structure containing or used by a nonconforming use will be allowed when it includes necessary nonstructural repair and incidental alterations which do not extend or intensify the nonconforming building or use. (Ord. 674, sec. 1, 7-17- 2000) 11-15-7: NONCONFORMING BUILDINGS AND STRUCTURES: A. Proposed Structure: Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure. B. Alterations: Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided: 1. The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this title. 2. The alterations do not increase the building occupancy capacity or parking demand. 3. The alteration does not increase the degree of the nonconforming condition of the building, site or the use. C. Expansion Of Legal Nonconforming Buildings Or Structures: 1. Administrative Approvals: Except in the environmental protection districts, the following expansions of legal nonconforming single- and two-family residential buildings may be approved through the administrative permit process by the zoning administrator subject to the provisions of chapter 8 of this title. The zoning administrator shall make a determination that the building expansion will comply with the intent and purpose of this chapter and this title. a. Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this title. b. Expansion of nonconforming detached accessory structures shall not be allowed. 2. Conditional Use Permit: Legal nonconforming commercial, industrial, public, semipublic, and multiple-family residential principal structures may be expanded on the same lot by conditional use permit provided: a. The expansion will not increase the nonconformity of the building or site. b. The new building expansion will conform to all the applicable performance standards of this title. A conditional use permit shall not be issued under this chapter for a deviation from other requirements of this title unless variances are also approved. c. The request for conditional use permit shall be evaluated based on standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title. (Ord. 867, sec. 23, 5-17-2010) 11-15-9: NONCONFORMING LOTS: A. General Restriction: No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the City, except as otherwise provided for by this title. B. Required Merger Of Common Ownership Lots: Except as provided for in section 11-102-15 of this title or as may otherwise be allowed pursuant to this chapter, if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width, lot area, or lot frontage such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more zoning lots each meeting the full lot requirements of this title lessening the nonconformity. 1. The designation of a zoning lot pursuant to this section shall be approved by the Zoning Administrator if the zoning lot complies with the lot requirements of the district in which it is located and will have a single tax identification number. 2. Interior lot lines within a designated zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. 3. The subdivision of a designated zoning lot shall be in accordance with title 10 of this Code. (Ord. 867, sec. 24, 5-17-2010) C. Vacant Or Redeveloped Lots: Except in environmental protection districts established in chapter 45 of this title, legal, nonconforming, vacant lots of record may be developed for single- family detached dwellings upon approval of a conditional use permit, provided that: 1. Legally Established: The lot in question was legally established in accordance with requirements of this title. 2. Allowed Use: Single-family residential dwellings are an allowed use within the base zoning district. 3. Minimum Lot Size: a. Sewered Lots: A legal nonconforming lot having direct access, as determined by the City Engineer, to Municipal sewer shall be considered buildable provided measurements for lot area and/or width meet minimum requirements or are sixty six percent (66%) of the requirement of the base zoning district. b. Unsewered Lots: A legal nonconforming lot not having access to Municipal sewer shall be considered buildable provided it complies with section 11-17-19 of this title. c. Shoreland Overlay District: The lot shall not have more than twenty five percent (25%) impervious surface if located within the Shoreland Overlay District. 4. Access: The lot in question has frontage on and will directly access an improved public street. 5. Health Concerns: Public health concerns (potable water and sanitary sewer) can be adequately addressed. 6. Setback And Yard Requirements: The setback and yard requirements of the base zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the Comprehensive Plan and this title. (Ord. 979, 5-15-2017) D. Developed Lots: An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this title. (Ord. 867, sec. 24, 5-17-2010) Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 1 Nonconformities Article 20. Nonconformities 20.1 PURPOSE 20.2 GENERAL STANDARDS OF APPLICABILITY 20.3 NONCONFORMING USE 20.4 NONCONFORMING STRUCTURES 20.5 NONCONFORMING LOTS OF RECORD 20.6 NONCONFORMING SIGNS 20.1 PURPOSE The purpose of this Article is to provide for the regulation of nonconforming uses, structures and lots, and to specify those circumstances and conditions under which nonconforming structures and uses must be eliminated. 20.2 GENERAL STANDARDS OF APPLICABILITY A. Authority to Continue Any use, structure or lot that existed as a lawful nonconformity at the time of the adoption of this Code, and any use, structure or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Code, remains illegal if it does not conform with each and every requirement of this Code. B. Burden on Property Owner to Establish Legality In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Code is upon the property owner of the nonconforming use, structure or lot. C. Safety Regulations The City may permit an expansion to a nonconforming use, in accordance with Section 20.3.D.2 below, or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare and safety. All police power regulations enacted to promote public health, welfare and safety including, but not limited to, all building, fire and health codes, apply to nonconforming structures. D. Exceptions to Nonconformity Regulations 1. The City shall regulate the repair, replacement, maintenance, improvement or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and to avoid an increase in flood damage potential or increase the degree of obstruction to flood flows in the floodway. 2. The nonconformity provisions of this Article do not prohibit the City from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters or similar adult use businesses). The City may enact, amend or enforce an ordinance providing for the elimination or Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 2 Nonconformities termination of adult uses (adult bookstores, adult theaters or similar adult use businesses) by amortization, even if such use was lawful at the time of its inception. 20.3 NONCONFORMING USE A. Definition of Nonconforming Use A nonconforming use is the use of land or structures that, as of the effective date of this Code, or amendment thereto, are used for purposes that are not permitted in the zoning district in which they are located. Uses that were specifically authorized as a conditional use are not considered nonconforming uses even if the use is no longer permitted within that zoning district. Such use will be considered a conditional use. B. Ordinary Repairs and Maintenance Normal repair, replacement, restoration, maintenance or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the bulk or density of the nonconforming use. C. Structural Alterations Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the bulk or density of the nonconforming use. In addition, the following exceptions apply: 1. When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration is for the purpose of bringing the use into conformity. D. Expansion of Use 1. Unless a nonconforming use is granted a special exceptions permit per Article 4.17 of the Land Development Code, a nonconforming use of land or a structure may not be expanded. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited. 2. In certain cases, nonconforming uses may be permitted to expand where it can be shown that such action will not be harmful and will be beneficial to the surrounding properties, the neighborhood and the community. An exception, granted by ordinance, may be issued for an existing nonconforming use by the Zoning Board of Appeals only where the applicant demonstrates that the proposed activity will comply with all of the following criteria. a. Standards for Approval i. The use occurs entirely within an existing site. ii. The use is not detrimental or injurious to other uses permitted within the district. Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 3 Nonconformities iii. The use is appropriate and consistent with the general welfare of the community and the enjoyment of adjacent property. iv. The off-street parking is adequate to serve the use. v. The use is in substantial agreement with the Comprehensive Plan. vi. Hardship would result if the use were not allowed to expand. vii. Rezoning the property would result in “spot zoning” or zoning inappropriate to surrounding land uses. viii. The minimum zoning standards applicable to the zoning in which the nonconforming use is located apply. b. Eligibility Only the following nonconforming uses are eligible: i. Single-family, two-family, multi-family and townhouse residential, lodging house, fraternity or sorority house, residential facility or temporary shelter facility located in a commercial district. ii. Any commercial use in an industrial district. iii. Uses permitted in the I-1 District, except for solid waste handling facilities, located in a C-5 District. iv. General, medical and dental office uses in residential districts. v. Music, art, photographic, and interior decorating studios in all residential districts and the C- 1 District. vi. Private schools for dance, music, physical sciences and similar disciplines located in all residential districts and the C-1 District. vii. Any residential use in an industrial district. E. Change of Use Unless a nonconforming use is granted a special exceptions permit per Article 4.17 of the Land Development Code, a nonconforming use must not be changed to any use, other than one permitted within the zoning district in which it is located. When such a nonconforming use has been changed, in whole or in part, to a conforming use, the whole or part which has been made to conform may not be changed back to a nonconforming use. A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Code is deemed an abandonment of the previously existing lawful nonconforming use. Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 4 Nonconformities F. Discontinuation or Abandonment If a nonconforming use or occupancy is discontinued for a continuous period of one (1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, acts of god, or other acts without any contributing fault by the user, must not be included in calculating the length of discontinuance for this section. G. Damage or Destruction 1. If a structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent fifty percent (50%) or less of the market value at that time, then the structure and/or property may be repaired, reconstructed or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. If a building permit is not obtained within one (1) year, then the nonconforming use cannot be continued. 2. If a nonconforming structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value at that time and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property. 20.4 NONCONFORMING STRUCTURES A. Definition of Nonconforming Structure Structures which at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Code no longer conform to applicable yard, height, lot coverage or other dimensional or bulk provisions or do not meet other on-site development standards, such as an insufficient number of parking spaces, of this Code, are considered nonconforming structures. B. Ordinary Repairs and Maintenance Normal repair, replacement, restoration, maintenance or improvement may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk or density of the structure in any manner. C. Structural Alterations Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the degree of any existing nonconformity. In addition, the following exceptions apply: Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 5 Nonconformities 1. When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration is for the purpose of bringing about a conforming use. D. Additions and Enlargements A structure that is nonconforming with respect to its bulk may not be added to or enlarged. E. Relocation A nonconforming structure may not be relocated, in whole or in part, to any other location on the same zoning lot or parcel unless brought into full compliance with this Code. A nonconforming structure may be relocated to another zoning lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated. F. Damage or Destruction 1. If a nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of the market value at that time, then the structure and/or property may be repaired, reconstructed or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. 2. If a nonconforming structure is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property. G. Nonconforming Structures within the Floodplain and/or Floodway 1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 2. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in numbers 3. and 4. below. 3. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of this Article, Section 12.1, Section F., 2. Floodway District and Section 12.1, Section F., 3. Flood Fringe District of this Code for the new Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 6 Nonconformities structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 4. If a substantial improvement occurs, as defined in Article 21 of the Land Development Code, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of this Article, Section 12.1, Section F., 2. Floodway District and Section 12.1, Section F., 3. Flood Fringe District of this Code for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 5. If any nonconforming use or structure is substantially damaged, as defined in Article 21 of the Land Development Code, it shall not be reconstructed except in conformity with the provisions of the Land Development Code. The applicable provisions for establishing new uses or new structures in this Article, Section 12.1, Section F., 2. Floodway District and Section 12.1, Section F., 3. Flood Fringe District of this Code or Section 12.1, Section F., 4. General Floodplain District of this Code will apply depending upon whether the use or structure is in the Floodway, Flood Fringe, or General Flood Plain District, respectively. 20.5 NONCONFORMING LOTS OF RECORD This section regulates lots of record which at one time were conforming, but which no longer conform to the lot area requirements of the zoning district in which they are located. A. If there are two (2) or more lots of record with contiguous frontage in common ownership, and one (1) or more of the lots does not meet the requirements for lot width or lot area as established by this Code, the land so involved is considered a single undivided zoning lot for the purposes of this Code. If such zoning lot is comprised of existing lots of record that each meet ninety percent (90%) or more of the required lot width or lot area of the district in which they are located, such lots of record may be used, transferred or conveyed, so long as the remaining lots of record within that zoning lot meet ninety percent (90%) or more of the required lot width or lot area. B. A use that is permitted within a zoning district is allowed to be erected upon an existing nonconforming lot of record. A single-family dwelling erected on a single nonconforming lot of record must meet all other zoning district bulk requirements. In addition, the regulations of Table 20-1: Single-Family Lot Coverage on Nonconforming Lots of Record apply to nonconforming lots of record under six-thousand (6,000) square feet: TABLE 20-1: SINGLE-FAMILY LOT COVERAGE ON NONCONFORMING LOTS OF RECORD Lot Area Maximum Lot Coverage 5,760 - 5,999sf 31% 5,520 - 5,759sf 32% 5,280 - 5,519sf 33% 5,040 - 5,279sf 34% 0 - 5,039sf 35% Article Last Amended: June 3, 2019 City of St. Cloud, Minnesota Article 20: Land Development Code Article 20 - Page 7 Nonconformities 20.6 NONCONFORMING SIGNS A. Signs existing on the effective date of this Code, or any amendments thereto, that do not conform to the regulations of this Code are deemed nonconforming. Nonconforming signs are subject to the regulations of Section 20.4 (Nonconforming Structures). B. Nonconforming signs may be continued through normal repair, replacement, restoration, maintenance or improvement; no repair or reconstruction may be made that would create any new nonconformity or increase the degree of any previously existing nonconformity including by increasing the number of nonconforming signs, or the nonconforming sign area or height. C. No nonconforming sign can be altered so that the nonconformity is increased or moved to a new location without being brought into compliance with the requirements of this Code. League of Minnesota Cities The Minnesota Basic Code 151.58 NONCONFORMING USES. (A) As required by M.S. ' 462.357, as it may be amended from time to time, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of these zoning regulations, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City Council may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. A subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (B) Notwithstanding division (A), the city may regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction of flood flows in the floodway. (C) Nonconforming shoreland lots of record are subject to the provisions of M.S. ' 462.357, as it may be amended from time to time. Page 1 of 7 STAFF REPORT Agenda Item 6b. Planning Commission Meeting: October 7, 2021 Prepared By: Natalie Davis Topic: Conditional Uses in Residential Zoning Districts (City File No. 21-034) Action Required: Recommendation for City Council Review Deadline: N/A 1. Request: Since May of this year, there has been ongoing discussion at City Council meetings about the best way to regulate conditional uses within residential zoning districts. The Planning Commission is being asked to consider two separate pathways forward, and to forward a recommendation to City Council as to which option is preferred. 2. Background: The Planning Commission held the Public Hearing for this item on September 2nd. After initial discussion, the item was tabled to the October meeting in order to provide the Commission additional requested information. The Planning Commission requested a table providing a comparison of the cities researched that discussed how they handle assembly uses in residential areas. Additionally, the Commission asked for examples of institutions they could visit to have a chance to look at how different standards can be applied. Finally, the Commission asked for additional insight regarding both options from the City Attorney, which will be provided in-person at the meeting on October 7, 2021. 3. Analysis: Comparison Tables It is difficult to provide a single side-by-side comparison of how each researched city applies performance standards to assembly uses in residential areas as these standards can vary drastically in complexity. As a solution, staff prepared several tables to compare similar performance standards when applied to a Conditional Use Permit. It is important to note, this research specifically focused on churches and schools in low- density residential districts. Table 1 (below) provides a comparison of how Minnesota cities address assembly uses (such as place or worship and schools) within residential districts. Of the cities surveyed, Greenfield, Apple Valley, and Wayzata do not allow places of worship or schools in low- density residential districts (what is proposed in Option 1). Most cities require a Conditional Use Permit for such uses, and several of these cities apply specific performance standards above and beyond what is allowed for other uses within these districts. Page 2 of 7 City Permitted Use Conditional Use Specific Performance Standards Blaine X No Brooklyn Center X No Brooklyn Park X Yes Duluth X (50,000 sq. ft. or less) X More than 50,000 sq. ft. Yes Greenfield No No No Hugo X Yes Maple Grove X Yes Maplewood X No Medina* X Yes Minnetonka X Yes Otsego X Yes Plymouth X No Rogers X No White Bear Lake X Yes Dayton X Yes Champlin X Yes – for all uses other than dwellings Independence X No Wayzata** No No No Apple Valley No No No * Medina does not allow churches or schools as a conditional use in the R-1 and R-2 single-family districts. Medina does allow churches and schools as a conditional use (subject to performance standards) in the Suburban Residential and Urban Residential districts which are also single-family districts. The Suburban Residential district requires a minimum lot size of 30,000 square feet which is the largest minimum lot size of these four districts and is comparable to Corcoran’s RSF-1 district which requires a minimum lot size of 20,000 square feet. ** In 2011, the City of Wayzata paid a $500,000 settlement to Unitarian Universalist Church of Minnetonka after a 4-year legal dispute when a request made in 2008 to relocate the church to a residential area was denied while alternative land with zoning that allowed for churches had been unavailable for purchase since 2005. As part of the settlement agreement, the necessary parcels were rezoned to a Planned Unit Development to allow the church as originally requested by UUCM. (Unitarian Universalist Church of Minnetonka v. City of Wayzata) Page 3 of 7 Table 2 provides a comparison of cities that apply increased setbacks to churches and/or schools in residential zones as compared to what is allowed for dwellings in the same district. This is similar to the practice proposed in Option 2 (performance standards). City Building Setback Parking Setback Medina 50’ from all property lines 50’ from all property lines Minnetonka 50’ from all property lines 20’ from low density residential Duluth Churches: In RR-1 district, 2 feet for each foot of building height. Schools: 40’ from any side or rear lot line. N/A Maple Grove Side yards shall be double that required for the district, but no greater than 30’ N/A Otsego Side yards shall be double that required for the district. N/A White Bear Lake Side yards shall be double that required for the district, but no greater than 40’ N/A Dayton 50’ of any lot line N/A Champlin Applies to all uses other than dwellings. - 100’ front setback in Agriculture- residential district - 50’ font setback in all other low- density residential district - 45’ side yard setback when abutting residential - 50’ rear yard setback when abutting residential Applies to all uses/principal structures. - 90’ from centerline of County Roads 103 and 121 - 100’ from centerline of County Roads 12 and 14 Applies to all uses other than dwellings. - 25’ front setback - 5’ side & rear setback (10’ allowed in R-1L) Page 4 of 7 Table 3 compares the cities that have additional maximum impervious surface requirements for churches and/or schools in residential areas. City Maximum Impervious Surface Medina 50% with remainder to be landscaped or left in a natural state. Minnetonka 70% with remainder to be suitable landscaped. Brooklyn Park 60% with the remainder landscaped or sodded. Duluth In RR-1 district, building cannot occupy more than 10% of the total lot area. Table 4 provides a comparison of cities that call out additional access requirements for churches and/or schools in residential districts. City Site Access Medina Located with direct access to a collector or arterial roadway as identified in the comprehensive plan. Minnetonka Direct access limited to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets. Brooklyn Park Directly located at intersections of two collector streets or along an arterial street as designated in the Comprehensive Plan. Hugo Principal road entrance is to a state highway, county road, or city collector street. Maple Grove Adequate access must be provided. Otsego Adequate access must be provided. Table 5 compares cities that require additional screening or landscaping for churches and/or schools that abut residential uses. City Screening and/or Landscaping Medina - Roof top or outside mechanical equipment must be screened from view from adjacent properties and rights-of- way. - Any exterior storage must be screened from view with an opaque material architecturally compatible with the building. Duluth In some residential districts, each property boundary with a lot occupied by a residential use shall be buffered with a dense urban screen. Maple Grove - Adequate screening from abutting residential uses and landscaping shall be provided in compliance with section 36-817. - Parking shall be adequately screened and landscaped from surrounding and abutting residential uses. Page 5 of 7 Otsego - Adequate screening from abutting residential uses and landscaping is provided in compliance with chapter 19. - Parking is adequately screened and landscaped from surrounding and abutting residential uses. White Bear Lake - Adequate screening from abutting residential uses and landscaping is provided. - Parking is adequately screened and landscaped from surrounding and abutting residential uses. Champlin - Any off-street parking area containing more than 6 parking spaces, any part of which is within 30’ of an adjoining residential zone or across the street from any residential zone, and any driveway to a parking area containing at least 6 spaces within 15’ of an adjoining residential zone shall be completely screened to a height of at least 3.5’ above the parking grade. Such screening shall be accomplished through the use of earth berming and/or plant materials. - The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent single- and two-family residential windows. Of the cities surveyed, Medina was the only one that called out additional lighting requirements and did not allow any exterior bells or loudspeakers for churches in urban low- density residential areas. Additionally, most cities surveyed had a height limit of 35’ for any structures within low-density residential areas. Examples Staff has provided seven local examples of churches and schools that are located within low-density residential areas. While it is difficult to say if and how performance standards were applied at the time these uses are approved and constructed, staff provides rough measurements of setbacks where possible and a brief analysis of each site. These sites are not necessarily examples of what staff recommends; instead, these examples offer a reference point for discussion as to how the City of Corcoran would like to do things similarly or differently. The examples are included as an attachment to this report. Setbacks In researching examples of how setbacks are applied, it became apparent to staff that a 200’ setback from all property lines for buildings and parking lots will make a variety of sites unsuitable for churches and schools. For example, a 5-acre square site would be unbuildable for a small church, and larger sites closer to 15 acres would be limited to a long and narrow building pad. The site may be further constrained by wetlands and the shape of the lot. Taking a second look at the setbacks applied in Table 2, staff believes a 50’ setback on all sides that increases up to 200’ based on the size of the building footprint may be more reasonable, especially in conjunction with a maximum impervious surface limit that also Page 6 of 7 impacts the building capacity on the site. A suggested setback formula is as follows: • Building footprint size that is at or below 15,000 square feet are subject to a 50’ setback on all sides. Property lines that front a County Road are subject to a 100’ setback. • The setback increases by 5’ for each additional 1,000 square feet added to the building footprint. Property lines that front a County Road are subject to a minimum 100’ setback. • The maximum setback of 200’ is applied to all building footprints at or above 45,000 square feet. Additionally, staff recommends that property lines adjacent to residential areas be heavily landscaped within the applicable setback (replacing the proposed standard from 200’ to the applicable sliding setback for the site). Another element to consider involving setbacks and landscaping are the building and parking front setback flexibility clauses currently provided for in City Code when additional landscaping is implemented. Section 1060.070, Subd. 2., K-L states: K. Building Setback Flexibility through Additional Landscaping. A reduction in the required front setback adjacent to arterial streets may be approved by the City Council if the applicant provides landscaping beyond the minimum requirements or preserves significant landscaping in this area. The required setback may be reduced up to 40 percent if the applicant provides a minimum of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental trees and 10 understory shrubs per 100 feet of the length of the property line where the flexibility is requested, or preserves the equivalent amount of existing trees and shrubs. These materials must be provided in addition to the minimum landscape requirements. L. Parking Setback Flexibility through Additional Landscaping. A reduction in the required front setback adjacent to arterial streets may be approved by the City Council if the applicant provides landscaping beyond the minimum requirements or preserves significant landscaping in this area. The required setback may be reduced to the required front setback from other streets in that district if the applicant provides a minimum of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental trees and 10 understory shrubs per 100 feet of the length of the property line where the flexibility is requested, or preserves the equivalent amount of existing trees and shrubs. These materials must be provided in addition to the minimum landscape requirements. If Option 2 (performance standards) is selected, the Commission should consider whether or not this incentive should still apply to churches and schools in residential areas. This would not impact the setback from shared property lines with residential property lines. Page 7 of 7 4. Recommendation: The tables and examples in this staff report should be considered in conjunction with the staff report dated September 2, 2021, which is attached. Also attached is the staff report dated October 15, 2020, for a City Council work session that was mentioned at the September 2nd meeting as it also discusses assembly uses and performance standards. Staff continues to recommend Option 2 as the superior option to meet the City’s goal of protecting residential neighborhood character without creating a substantial burden on religious uses within the City, while avoiding some of the potential unintended consequences created by removing assembly uses from residential zoning districts. Attachments: 1. Examples of Nearby Churches and Schools 2. Staff Report Dated September 2, 2021 3. Staff Report Dated October 15, 2020 Page 1 of 4 Examples of Churches and Schools in Low-Density Residential Areas Plymouth Creek Church - 4.47-acre site - Urban low-density residential to the north, east, and west (adjacent to homes to the west) - School to the South - Would not be able to comply with a 200’ setback for building and parking. - Building setbacks o 145’ from Old Rockford Rd (155’ from edge of curb) o 60’ setback from Vicksburg Ln (85’ from edge of curb) o 224’ from adjacent homes to the west (property line to the west) - Parking setbacks o 30’ from 41st Ave N (40’ from curb) o 44’ from homes to the west o 26’ from Vicksburg Ln (53’ from curb/edge of street) Plymouth Creek Elementary School at 16005 41st Ave N - 16.59-acre site - Completely surrounded by urban low-density residential - Compliance with a 200’ setback for building and parking would lead to an odd long and narrow arrangement on the site. - Building setbacks o At least 625’ from adjacent homes to the west – heavily landscaped at least 55’ o At least 96’ from adjacent homes to the south – heavily landscaped at least 48’ o At least 90’ from Vicksburg Lane o At least 90’ from 41st Ave N - Parking setbacks o 21’ from 41st Ave o 23’ from Vicksburg Lane o Drive Aisle in the south of the building is 75.’ away from property line - Fenced playground to the east (along Vicksburg Ln) that looks to go pretty much up to the property line. - A field on the eastern half of the property that goes up to the landscaped portions of the site. Church of the Open Door at 9060 Zanzibar Ln N, Maple Grove, MN - 31.64-acre site - Surrounded by low-density urban residential along with townhomes and a small apartment building to the north. Page 2 of 4 - City of Maple Grove owns an outlot that acts as a buffer between single family homes to the southwest of the site. - There is light landscaping on the southwest, northwest, and south property lines. Little to no landscaping on the north property line. Heavy landscaping along the east portion of the site. - Landscaping throughout the parking lot. - Building footprint 61, 557 square feet. - The odd placement of the building and odd shape of the lot means the measured setbacks vary from point to point. - Some open space on the site, but most of the site is a parking lot. - Parking Setbacks o Drive aisle varies from 10’-30’ from the west property line. o Roughly 230’ setback from 89th Ave N (south property line) o Roughly 175’ setback from Weston Ln N (east property line) o At least 145’ setback from the northeast property line. o Roughly 10’ setback from north property line - Building setback o At least 220’ setback from 90th Place N o At least 275’ setback from Weston Ln N o At least 600’ setback from northern property line o At least 660’ setback from south property line Woodridge Church at 1500 County Road 24, Medina - 27.59-acre site - Surrounded by low-density residential o Looks to be more similar to rural residential lots than urban residential lots - Parking setbacks - Landscaped on the east property line, but less landscaping on the west property line - Some small landscaping islands in parking lot - A lot of open space on the site. - Parking setback o At least 100’ away from south property line (adjacent to CR 24) o At least 90’ from east property line o At least 385’ from west property line o At least 635’ from north property line - Building Setbacks o At least 140’ from south property line o At least 175’ from east property line o At least 525’ from west property line o At least 920’ from north property line - There is a playground that gets as close as 35’ to the east property line. - Accessory buildings on the property are no closer than 50’ to any property line. Page 3 of 4 St. John’s Evangelical Lutheran Church at 9141 Co Rd No 101, Corcoran - 14.12-acre site - Surrounded by low-density residential - Light landscaping to the west with heavier landscaping to the south. - A fair amount of open space. - There is a cemetery in the middle the site, setbacks from the west property line are unclear. - Parking Lot setbacks o Roughly 140’ from north property line (on Mystique Dr) o Roughly 15’ from east property line (on County Road 101) o Roughly 460’ from west property line  Drive aisle for cemetery is roughly 120’ away from west property line o Roughly 175’ from south property line. - Building setbacks o Roughly 260’ from south property line o Roughly 15’ from east property line (County Road 101)  This would not be allowed under current city code which now requires a 100’ setback from county roads o Roughly 500’ from north property line (Mystique Dr) o Roughly 400’ from west property line - Playground is at least 70’ away from the closest property line to the west - House on the site is roughly 25’ away from County Road 101 and 150’ away from south property line. o The setback of 25’ would not be allowed under current City Code which requires a 100’ setback from county roads. Rush Creek Elementary at 8801 Co Rd No 101 in Maple Grove - Two parcels totaling 35.27 acres - Surrounded by low-density urban residential - Fair amount of landscaping and wetland act as buffer between the school and adjacent residential areas - Fair amount of open space. - Parking lot setbacks o Roughly 50’ from eastern property line along CR 101 o Roughly 250’ from southern property line o At least 80’ from northern property line also along CR 101 o At least 700’ from western property line - Building setbacks o At least 170’ away from southern property line o At least 330’ away from eastern property line along CR 101 o At least 300’ away from northern property line along CR 101 Page 4 of 4 o At least 700’ away from western property line - Ballfields/recreational area (primarily located on the southwest portion of the site) seem to be at least 50’ away from residential property lines. Wayzata High School at 4955 Peony La N in Plymouth - Three parcels totaling 170.27 acres - Low-density urban residential to the west, east, and south. Open space owned by the City of Plymouth to the north. - The school district owns an outlot adjacent to the residential properties to the west that looks to be heavily landscaped. o Light landscaping along the southern property line. - Fair amount of open space - Parking lot setback o At least 20’ away from eastern property line along Peony Ln o At least 500’ away from southern property line o At least 290’ away from northern property line o At least 1,186’ away from nearest residential properties to the west  Although there looks to be a drive aisle to access ball fields which ends about 290’ away from the western residential properties o There are two smaller parking lots in the southwest portion of the site. The parking lot closest to the property lines is as close as 20’ to the southern property line along Highway 55 and is roughly 60’ away from the nearest house to the north. There is a heavily landscaped area in between. - Building setbacks o At least 720’ away from northern property line o At least 80’ away from eastern property line along Peony Ln N o At least 800’ away from southern property line o At least 1800’ away from nearest western residential property - Ballfields in the southwest parcel of the site are roughly 330’ away from nearest residential property to the west and 800’ away from southern property line. - Football fields to the south are about 60’ away from the southern property line and 375’ away from the nearest house to the north. - The ballfield in the southeast corner of the site gets as close as 60’ to the east and south property lines. - There is an accessory structure that is a little over 10’ away from the southern property line (near the football fields). - There is another accessory structure in the southwest corner of the site that is setback roughly 70’ from the nearest property line. Page 1 of 8 STAFF REPORT Agenda Item 6b. Planning Commission Meeting: September 2, 2021 Prepared By: Natalie Davis Topic: Conditional Uses in Residential Zoning Districts (City File No. 21-034) Action Required: Recommendation for City Council Review Deadline: N/A 1. Request: Since May of this year, there has been ongoing discussion at City Council meetings about the best way to regulate conditional uses within residential zoning districts. The Planning Commission is being asked to consider two separate pathways forward, and to forward a recommendation to City Council as to which option is preferred. 2. Background: Option 1: On the May 13th and June 24th meetings, the City Council discussed the idea of removing most conditional uses in low and medium density residential zones within the 2040 Metropolitan Urban Service Area (MUSA). This option removes K-12 educational facilities and places of worship/assembly from the following zoning districts: Single Family Residential 1 (RSF-1), Single Family Residential 2 (RSF-2), Single and Two Family Residential 3 (RSF-3), and Medium Density Residential (RMF-1). In exchange, K-12 educational facilities would be added as a conditional use within Light Industrial (I- 1) and General Mixed Use (GMU) zoning districts, and places of worship/assembly would be added as a conditional use within I-1 districts. Additionally, state licensed residential facilities serving seven to sixteen persons are proposed to be removed from RSF-1, RSF-2, and RSF-3. Option 2: At the July 22nd meeting, Mayor McKee prepared a draft proposal that would keep K-12 educational facilities and places of worship/assembly as a conditional use within the currently allowed residential districts with additional performance standards applied. This option does not discuss removal of state licensed residential facilities with seven to sixteen individuals in RSF-1, RSF-2, and RSF-3. Suggested performance standards include: increased structure and parking setbacks, maximum building height, maximum impervious surface, parking lot screening and landscaping, site access, and noise limitations. Staff researched performance standards as well as discussed suggestions with the City Attorney and provided a second draft of standards based on Mayor McKee’s suggestions in the analysis below. Page 2 of 8 3. Analysis: Under the current City Code, places of worship/assembly are defined as: Any place of worship, including any church, synagogue, temple, mosque, or other building or facility, primarily engaged in religious worship. The term does not include uses, such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories, or other facilities, for temporary or permanent residences, which are connected or related to the worship facility or the principal buildings on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services and/or training. Staff believes that regardless of which Option moves forward, it makes sense to update this definition as a part of the code update. It is confusing to name this definition as “places of worship/assembly” when the definition is specific to places of worship and excludes other types of places of assembly. “Places of assembly” is understood to be a broad term of uses that includes places of worship as well as other uses such as theaters, schools, clubs, event centers, and recreational facilities. Therefore, staff recommends simplifying the title of the above definition to “places of worship.” The Religious Land Use and Institutionalized Persons Act (RLUIPA) requires places of worship to be treated similar to other institutional and assembly uses. Case law implies that places of worship must also be allowed in zoning districts that allow for uses such as schools, private clubs, community centers, etc. In order to comply with RLUIPA, the City must base regulations placed on religious uses on a compelling governmental interest, and the regulations must be the least restrictive means to advance said interest. If a RLUIPA claimant were to demonstrate that a substantial burden was placed on its religious use, the burden of proof to justify regulations shifts to the City. Due to the difficulty in meeting this burden of proof, the City should make every effort to avoid regulations which create a substantial burden on the implementation of a religious use within the City. Based on City Council discussions, the governmental interest to remove or further regulate places of worship/assembly stems from the desire to protect the surrounding residential community from a development that substantially alters the neighborhood character. Staff believes this goal is sound and defensible, and the City should seek to accomplish this goal without preventing or substantially burdening potential religious uses within the City. Regulations which are found to substantially burden religious uses will only be defensible if they are the least restrictive way to meet a compelling governmental interest. Option 1: If places of assembly/worship are no longer allowed as a conditional use in low and medium residential districts within the MUSA, then staff agrees that educational facilities Page 3 of 8 should also be removed as a Conditional Use in these districts in order to comply with RLUIPA. If the City proceeds with Option 1, it may also make sense to add places of worship/assembly as a Conditional Use within GMU districts since educational facilities are also proposed to be added in this district. In considering the potential burden Option 1 presents to religious uses, it is important to consider how much vacant land would potentially be available for religious uses today as well as the foreseeable future. This involves analyzing land use on two different city maps. The Zoning Map provides a picture of allowed land use today and this map shows that a majority of the land within the MUSA is currently zoned as Urban Reserve. The 2040 Future Land Use Map provides a picture of how land is guided to be used by the year 2040. A significant amount of land currently designated as Urban Reserve on the Zoning Map is guided for low density residential on the 2040 Future Land Use Map. Below is a table of the estimated vacant land potentially available to churches based on the Zoning Map if no changes are made to the Zoning Ordinance: Zoning District Vacant Acreage Rural Residential (RR) 4,366 RSF-1 2.64 RSF-2 88.68 RSF-3 N/A RMF-1 1.18 RMF-2 92 RMF-3 N/A CR 22 C-2 80 Total Available Acres 4,542.50 Below is a table of estimated vacant acreage available for places of worship under the proposed changes of Option 1 based on the current Zoning Map: Zoning District Vacant Acreage RR 4,366 RMF-2 92 RMF-3 N/A CR 22 C-2 80 I-1 161 GMU 88 Total Acreage without GMU 4,721 Total Acreage with GMU 4,809 Page 4 of 8 Below are two tables of estimated vacant acreage that could be made available for religious institutions as land is moved out of the Urban Reserve (based on the 2040 Future Land Use Map). Based on current Zoning Ordinance: Land Use Vacant Acreage Low Density Residential 1,496 Mixed Residential 121 High Density Residential 100 Total 1,717 Based on Option 1: Land Use Vacant Acreage Mixed Use 1 Light Industrial 75 Mixed Residential 121 High Density Residential 100 Total 297 In total, there is an estimated 6,259.5 acres of land available for religious uses under the current code between the Zoning Map and the 2040 Future Land Use Map. Under Option 1, the estimated available vacant acreage for religious uses is decreased to 5,017 if places of worship are not permitted as a conditional use within the GMU, or 5,106 acres if places of worship are a conditional use within the GMU. Option 1 would result in an estimated loss of 1,150 acres available for religious uses looking to locate within the City between now and 2040. The Planning Commission may also want to consider how Option 1 will impact the tax base for the City. Industrial land is more valuable than residential land. Places of worship and public schools are exempt from taxes. In recent years, Brooklyn Park removed churches as a permitted use in industrial zones with the impact to tax base noted as the compelling governmental interest, and most cities allow places of worship and K-12 schools within residential areas. Considering the limited industrial land as compared to residential land within Corcoran, pushing churches and schools into I-1 will remove valuable land from the tax roll which could place more of the tax burden on residents rather than businesses. Furthermore, Option 1 has the potential to force religious institutions and educational facilities onto agricultural land when the City has goals to preserve farm land and “rural character.” Option 1 also proposes to remove state licensed residential facilities in RSF-1, RSF-2, and RSF-3. Minnesota State Statute 426.357 addresses state licensed residential facilities in Subd. 7 and 8. Facilities service six or fewer persons are required to be a permitted use in single-family residential zoning districts. State licensed facilities service Page 5 of 8 seven to sixteen persons must be allowed in multifamily residential districts as either a permitted or conditional use. The City can legally remove facilities for seven to sixteen persons from RSF-1 and RSF-2; however, staff believes such facilities should remain in RSF-3 (which allows for two-family homes) in order to comply with state law. This may require additional vetting prior to City Council approval should the Planning Commission recommend Option 1. Option 2: Staff proposes the following ordinance language be added for performance standards of all assembly uses (i.e., places of worship/assembly and K-12 educational facilities) in RSF-1, RSF-2, RSF-3, RMF-1, RMF-2, and RMF-3. These standards are based on a survey of several other cities in addition to Mayor McKee’s submitted draft. 1. Setbacks A 200-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. 2. Maximum Building Height The maximum structure height is 35 feet, except as allowed by Section 1030.080. Maximum Impervious Surface A. The total impervious surface coverage shall not exceed 50%. B. The rest of the site shall be landscaped or left in a natural state. 3. Landscaping Zone Any portions of the site that abut a residential area will contain a landscaping zone of at least 200 feet wide measured from the property line. 4. Parking Lot Screening and Landscaping A. Light from automobile headlights and other sources shall be screened whenever it may be directed into residential windows. B. When parking abuts residential properties: i. A minimum of 200-foot-wide landscaped area shall be provided along the shared lot line. Page 6 of 8 ii. The parking must be screened to a height of at least 3 feet above the parking grade through the use of earth mounds and/or approved landscaping materials. C. No less than 350 square feet of land should be devoted to internal landscaping islands (in addition to required traffic safety islands) for each 3,000 square feet of parking space after the first 3,000 square feet. Such islands shall be bound by concrete curbing unless comparable green infrastructure is approved. 5. Site Access A. Site shall have direct access onto a Major Roadway (defined as a Principal Arterial, Minor Reliever, Minor Expander and Minor Connector roadways), OR B. Direct access onto a Major Collector or Minor Collector roadway no more than 1,000 feet from an intersection with a Major Roadway as identified in the Comprehensive Plan. 6. Noise Exterior bells or loudspeakers are permitted between the hours of 9AM and 10PM. 7. Additional Requirements A. The City Council may attach additional conditions to the granting of the conditional use permit as it deems necessary to protect the residential character of the neighborhood. B. The use shall comply with the conditional use permit standards in Section 1070.020 of the Zoning Ordinance. Staff’s proposed language differs from Mayor McKee’s draft in a few places. Most significant, the proposed language above has a flat setback for places of worship and educational facilities set at 200’ for structures and parking lots. In surveying several cities, staff could not find an example of a required setback that exceeds 100’. Staff did find examples of cities that require these types of uses to comply with a setback that is twice as large as the underlying district as well as examples where the same setback is applied to all property lines. Since Corcoran’s underlying residential zoning districts Page 7 of 8 have a 100’ setback from County Roads, staff believes a 200’ setback on all sides is reasonable. The City must be mindful that the performance standards do not act to deprive property owners of the reasonable use of their property. In other words, the City wants strong enough performance standards to protect the neighborhood’s character, but not so burdensome as to make it impossible for a place of worship to reasonably build within the City. Staff believes a 200’ setback strikes a reasonable balance between these needs. Additionally, staff believes the same 35’ height limit for residential homes should be available to churches by right rather than applying an additional setback after 25’. Staff’s language specifically requires a landscaping zone in the 200’ setback on any property line that abuts residential properties. Staff added parking landscaping standards based on standards applied in the City of Plymouth’s Zoning Code which has the effect of breaking up large areas of parking with vegetation. Staff changed the required screening of parking areas near residential areas from a height of 5’ to 3’ as this is the standard applied elsewhere in the Code to screen vehicle headlights, and there is no clear benefit to increasing this standard to 5’ for places of assembly. Staff also changed the performance standards to allow for exterior bells and loudspeakers between the hours of 9AM and 10PM. While there may need to be further discussion as to how to best limit these noises, staff found it difficult to find a balance that would not preclude high school sporting events from utilizing exterior loudspeakers at reasonable hours. It does seem reasonable to prohibit exterior sounds after 10PM as this is the same rule applied to Event Centers within the City. 4. Summary: Staff heavily analyzed both approaches provided above. There are more examples of cities that apply performance standards to places of worship and assembly when located in residential districts then there were of cities that do not allow these uses in residential neighborhoods. Overall, performance standards and governmental goals across cities can vary drastically, so there is not a single approach to point to that meets the goals of Corcoran. After extensive research, staff believes the current draft of Option 2 provides strong performance standards that will provide the desired protection to neighborhood character for low and medium density residential areas. 5. Recommendation: The Planning Commission should open the public hearing to take public testimony on the two presented options and recommend the City Council moves forward with either Option 1 or Option 2. Staff recommends Option 2 as the superior option to meet the City’s goal of protecting residential neighborhood character without creating a substantial burden on religious uses within the City, while avoiding some of the potential unintended consequences created by removing assembly uses from residential zoning districts. Page 8 of 8 Attachments: 1. Option 1 Zoning Change Table 2. Option 2 Mayor McKee Proposal 3. Zoning Map 4. 2040 Future Land Use Map 5. Vacant Land Maps UR RR RSF‐1 RSF‐2 RSF‐3 RMF‐1 RMF‐2 RMF‐3 MP CR TCR C‐1 C‐2 BP I‐1 DMU GMU PUD PIEducational facilities K‐12XXXXXXXXPlaces of worship/assemblyXXXXXXX X XXResidential facility 7‐16 license by stateXXXXXDaycare facilities accessory to educational facilities or places of worship/assemblyXXXXXAllowed but recommended for removalXAllowed, recommended to continueXNot allowed, recommended to allowX 1 To: Corcoran City Council and Planning Commission From: Tom McKee Date: For July 22nd, 2021 City Council Meeting and August 5th, 2021 Public Hearing Re: Consideration of Performance Standards/Code Amendments for Non-Residential Uses in Residential Zoning Districts 1. Request The Council has discussed several potential options to address Non-Residential Uses in Residential Zoning Districts and has prepared one option (Conditional Use Realignment) for a Public Hearing on August 5th, 2021. This report will present another option – Performance Standards – for discussion at the July 22nd City Council Meeting, and if approved, consideration at the August 5th Public Hearing. 2. Background On October 22nd, 2020 Council held a worksession to discuss potential ordinance amendments to address non-residential uses in residential zoning districts. In preparation for that meeting, Staff prepared a report discussing some potential options, including removing these uses from residential zones entirely, altering which zoning districts should or should not allow these uses, and implementing performance standards to manage the impact of these types of uses in residential districts. While there has been discussion amongst both previous and current Council members about removing these uses from residential and adding them to commercial or industrial zoning districts, there were other members who preferred implementing performance standards. Additionally, it was the recommendation of staff to pursue the performance standard route to address this issue. For the initial worksession, staff prepared several potential performance standards for non-residential uses in residential zones. These included: - Requiring direct access to a Major Roadway, and potentially on Minor Collector Roadways - Increasing primary structure setbacks from all property lines - Increasing parking lot setbacks from all property lines - Limiting maximum impervious surface to 50% of the site (requiring the remainder to be landscaped or left in a natural state) 2 Additional performance standards such as a direct size limit on buildings, parking lots, and maximum seating capacity in residential zoning districts have also been discussed, but were generally not recommended by the city attorney due to potential RLUIPA (Religious Land Use and Institutionalized Persons Act) concerns. On June 24, 2021, the Council directed staff to schedule a public hearing at the August 5th, 2021 Planning Commission meeting to discuss and receive public input on the proposed conditional use realignment option initially presented at the May 13, 2021 Council meeting. This report discusses the option of implementing additional performance standards for non-residential assembly uses in the RSF-1, RSF-2, RSF-3, RMF-1, RMF-2 and RMF-3 zoning districts. 3. Analysis: After reviewing the staff reports and discussions from the October 22nd, May 13th & June 24th Council Meetings, as well as RLUIPA case law and zoning ordinances from numerous municipalities, I have prepared some potential performance standards for consideration. If the Council is generally in support of these standards, there are several areas (outlined on pages 12-13) that should be discussed and evaluated in more detail. Staff and the city attorney have recommended that if performance standards are adopted for non-residential assembly uses in residential zones, similar standards should be adopted for other assembly uses in residential districts. In Corcoran, the only non-residential conditional uses in residential zoning districts allowed by code are Places of Worship/Assembly and Educational Facilities, K-12. (See chart on pages 3-6). The additional list provided by staff of different places of assembly include: Community Centers, Conference Centers and Reception Halls, Public and Private Clubs and Lodges, Schools - leasing space, Technical, Vocational, Business and College/University satellite facilities/schools, Theatre, Trade Schools, Seminaries and Higher Education Facilities. However, none of these are allowed as either a permitted or conditional use in RSF-1, RSF- 2, RSF-3, RMF-1, RMF-2 or RMF-3. I believe that these additional Performance Standards could be the framework for a solution that adequately addresses concerns about the impact of large non-residential conditional uses in residential zoning districts. Most importantly, the implementation of these standards would still allow these assembly uses to go into the same residential zones (as well as C-2, GMU and P-I) that our city code allows today. These performance standards would both help mitigate the impact that larger non-residential assembly uses have on surrounding residents and help guide future projects into locations that are best suited to meet their size, parking, and infrastructure needs. 3 Corcoran Zoning Ordinance Use Matrix 4 5 6 7 Suggested Performance Standards For All Non-Residential Assembly Uses in Residential Zoning Districts – (RSF-1, RSF- 2, RSF-3, RMF-1, RMF-2, & RMF-3) Performance Standards: Minimum Principle Structure setback - Front, from all Major Roadways: 100 feet o For buildings up to 10,000 sq ft ▪ Beyond 10,000 sq ft, the setbacks increase 7.5 feet for every 1,000 sq ft of additional building size, this setback is capped at 750 feet - Front, from all other streets: 100 ft o For buildings up to 10,000 sq ft ▪ Beyond 10,000 sq ft, setback increases 7.5 feet for every 1,000 sq ft of additional building size, this setback is capped at 750 feet - Side: 100 feet o For buildings up to 10,000 sq ft ▪ Beyond 10,000 sq ft, setback increases 7.5 feet for every 1,000 sq ft of additional building size, this setback is capped at 750 feet - Rear: 100 feet o For buildings up to 10,000 sq ft ▪ Beyond 10,000 sq ft, setback increases 7.5 feet for every 1,000 sq ft of additional building size, this setback is capped at 750 feet - Maximum Building height: 24 feet o Maximum building height may be increased up to a maximum of 35 feet with increased setbacks at the following rates: ▪ 1 foot of increased height for every 5 feet in additional setback, up to 29 feet (25-29 feet), and ▪ 1 foot of increased height for every 10 feet in additional setback, up to 35 feet. (30-35 feet) o Note: ▪ This setback is in addition to building size setback requirements ▪ 1030.080 - Height Limitations Subd. 1 states: “The building height limits established herein for the district shall not apply to the following… C. Church Spires… E. Cupolas and domes which do not contain useable space… G. Flag Poles… (This would not change) 8 EXAMPLES: In a residential zone, a 10,000 sq ft building that is 24 feet tall would have a setback of 100 feet. A 10,000 sq ft building that is 28 feet tall would have a setback of 120 feet → 100ft + (4*5ft) A 10,000 sq ft building that is 35 feet would have a setback of 185 feet → 100ft + (5*5ft)+(6*10ft) - Maximum Impervious Surface: 50%. All other areas shall be landscaped or left in a natural state. - Parking Lot setbacks: o All parking lots shall have a minimum setback of 100 feet from all property lines ▪ Above 25 parking spaces, each additional space requires 1 additional foot setback – This setback is capped at 500 feet. • For setback purposes, total number of spaces on site determines lot size o Access Drives, driveways and aisles shall not be allowed to intrude into a required parking setback except at the access point. EXAMPLE: A parking lot in a residentially zoned property with 25 spaces would have a 100 foot setback, a lot with 45 spaces would have a 120 foot setback, and a lot with 200 spaces would have a 275 foot setback. - Parking Lot Screening/Landscaping: o The light from automobile headlights and other sources shall be screened whenever it may be directed onto residential windows. o When required parking areas abut any residential district, the edge nearest the lot line shall be completely screened to a height of at least 5 feet (5’) above the parking grade. Such screening shall either be accomplished through use of earth mounds and/or landscape materials as approved. o When the design of the site is such that parking occurs in the front yard, or in a side or rear yard abutting residentially zoned property, a minimum of twelve feet (12’) landscaped area shall be provided o Screening shall be required in residential zones where: 9 (a) any off-street parking area contains more than four (4) parking spaces (b) where the driveway to a parking area of more than four (4) parking spaces is within thirty (30) feet of an adjoining residential use or zone. (c) The screening required in this section may consist of a fence, trees, shrubs and berms not less than five (5) feet high but shall not extend within fifteen (15) feet of any street or driveway. (d) The screening shall be placed along property lines or in case of screening along a street, twenty (20) feet from the street right-of-way with landscaping between the screening and pavement. The screening shall block direct vision. Planting of a type approved by the City Council may also be required in addition to or in lieu of fencing. Additional Parking Lot Landscaping Standards: o A minimum of 8% of the total land area within parking areas shall be landscaped o Landscaping at least 12 feet in width shall separate parking lots into cells of no more than 120 stalls. o Landscaping shall break up rows of parking approximately every 20 spaces Street Access: A) Site shall have direct access onto a Major Roadway (Defined as Principal Arterial, Minor Reliever, Minor Expander and Minor Connector roadways), or B) Direct access onto a Minor Collector roadway no more than 1,000 feet from an intersection with a Major Roadway as identified in the Comprehensive Plan, so that access can be provided without conducting significant traffic on local residential streets. Examples of road classifications in Corcoran: o Hwy 55 is Principal Arterial o 116 is a Minor Reliever 10 o 101 and 30 are Minor Expanders o 19 and 50 are Minor Connectors o 10 to Meister Rd. (over to 116) are Major Collectors o Larkin, Hackamore, Stieg, Rolling Hills Rd, and more (See map) Other/Misc. Performance Standard Provisions: 1. No exterior bells or loudspeakers 2. The City Council may require compliance with any other conditions, restrictions, or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. 3. The project shall comply with all conditional use permit standards in Section 1070.020 of the Zoning Ordinance 11 For reference, here is our existing code on Parking Requirements: 1060.060 Parking and Loading -Minimum Parking Requirements for Public Facilities for gathering, including places of worship/assembly, theaters, civic centers, auditoriums and stadiums are calculated on page 232 of the Corcoran City Code as follows: - One space for every 4 seats, based on the design capacity of the facility or as noted in Subd. 4(B)3 of this section. -Subd. 4(B)3. In Stadiums, sports arenas, places of worship and other places of public assembly in which patrons or spectators occupy benches, pews, floor space or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat for the purpose of determining parking requirements. Minimum parking requirements for Educational Facilities, elementary and Jr. High: - One space per classroom plus one additional space for each 50 students. Auditorium and special event space shall be calculated separately. Minimum parking requirements for Educational Facilities, High School and Post-Secondary - One space per classroom plus one space for each 7 students based on design capacity. Auditorium and special event spaces shall be calculated separately. 12 Summary/Discussion Points 1. Primary Structure Setback for Non-Residential Uses in Residential Zoning Districts a. Tiered relative to building size b. Is 10,000 sq ft the appropriate baseline building size? c. Is 7.5 feet of setback per 1,000 sq ft (beyond 10,000) the right ratio? d. Should this setback be capped at 750 feet? 2. Maximum Building Height a. Tiered relative to building height i. Overall maximum height in these zoning districts would stay the same (35ft) b. Is 24 feet the appropriate baseline building height? c. Is the ratio of 5 feet of setback per 1 foot (from 25-29 feet) and 10 feet per 1 foot (from 30-35 feet) appropriate? 3. Maximum Impervious Surface a. 50% i. Note: -These uses are currently also allowed in the C-2 and GMU Zoning districts, which have a maximum impervious surface of 80%, as well as P-I which has a 70% limit. 4. Parking a. Should parking requirements for these uses be amended, or are they appropriate as currently written? 5. Parking Setbacks a. Tiered relative to parking lot size (number of spaces) b. Is 25 spaces the appropriate baseline size? c. Is 100 ft the right starting point for parking lot setbacks? d. Is the ratio of 1 foot of setback per additional parking space (over 25) appropriate? e. Should this setback be capped at 500 feet? 6. Parking Lot Landscaping a. Are these standards helpful in making larger parking lots in residential zones fit in with the surrounding residential uses? i. If so: 1. Is 8% total parking lot land area landscaped the right amount? If not, higher or lower? 2. 12 feet of landscaping creating max cells of 120 spaces – right numbers? 3. Landscaping breaking up rows every 20 spaces – is 20 the right number? If not, higher, or lower? 13 7. Landscaping/Setback Reduction a. Should there be a possible reduction in setback for additional (total) screening around a site? i. If so, how should this be defined/what should the standard be? 1. What should the reduction in Primary Structure setback be, if any? b. Should there be an allowed setback reduction if a property abuts a more intense land use on one side? i. For example, if a property abuts a residential zoning district on 3 sides, and a commercial or industrial zoning district on the other – should the setback from the property line abutting Commercial/Industrial land be reduced? 1. If so, how much? ii. If so, should this setback reduction be tied to additional landscaping, perhaps resulting in a higher percentage reduction than a standard additional landscaping reduction (if there is any)? 8. Street Access a. Should we require direct access onto a Major Roadway (as defined in the Comprehensive Plan)? b. Should we also allow direct access on Minor Collector roadways if it is within 1,000 feet of an intersection with a Major Roadway? i. If so, is within 1,000 feet of an intersection with a Major Roadway the right distance? 9. Anything else? a. Are there any other Performance Standards that should be included? !!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!! ! !!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!! ! ! !!! ! ! ! ! ! ! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! ! ! !! ! ! ! ! !!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!î î î s s òñð òñð ñ ñ ï ï î î s ñ ï ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STIEG RD WILLOW DRIVEHACKAMORE ROADTRAIL HAVEN ROADCAIN ROADO A K D A L E D R STREHLER ROAD PIONEER TR COUNTY ROAD 117 ROLLLING HILLS RDLARKIN RD TOWNSHIP OF HASSAN CITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROAD$+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUSH CREEK Official Zoning Map 3,000 0 3,0001,500 Feet Zoning Districts: UR Urban Reserve RR Rural Residential RSF-1 Single Family Residential 1 RSF-2 Single Family Residential 2 RSF-3 Single and Two Family Residential 3 RMF-1 Medium Density Residential RMF-2 Mixed Residential RMF-3 High Density Residential MP Manufactured Home Park P-I Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial C-1 Neighborhood Commercial C-2 Community Commercial DMU Downtown Mixed Use GMU General Mixed Use BP Business District I-1 Light Industrial PUD Planned Unit Development ï Cemetery î ChurchsGolf Course ñ Government Building òñð Public Park !!!!!2040 Metropolitan Urban Service Area City Limit Open Water Shoreland Overlay District Adopted June 2011 19 10 30 116 101 50 19 10 ± Updated September 2020 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!City of GreenfieldCityofMapleGroveCity of Medina City of Rogers Bechtold RdPioneer Trl TrailHavenRdCounty Road 116County Road 30 S c h u t t e R d Oakdale Dr County Road 10 Horseshoe Trl C o u n t y R o a d 5 0 Larsen Rd Willow DrHunterRdCounty Road 19Homestead Trl Cain RdRolling Hills RdCountry Rd Mohawk DrLarkin RdFoxline DrStrehler Rd Dassel Ln OldSettlersRd Stieg Rd Kalk RdMeister Rd Maple Hill Rd93rd Ave N Tessmer Rd Blue Bonnet DrJubertLn456710 456750 456719 456730 4567116 4567101 4567117 Brockton Ln N109th Ave N 4567101 ")55 Hackamore Rd MorinLake ScottLake JubertLake GooseLake CookLake R u sh CreekRushCreek South F o rk R u sh Creek SouthForkRu shC reekThe method and timing of regional wastewater service to be determined through future study. 6/21/2022 6/21/2022 1/25/2026 1/25/2026 1/22/2023 6/21/2022 4/28/2021 1/22/2023 1/22/2023 1/21/2021 10/2020 12/13/22 4/27/2022 4/27/2022 2040 COMPREHENSIVE PLAN 3,000 0 3,0001,500 Feet ± Path: \\MS PFSV 02\DesignDepot\Library\S oftware\GIS \Client\City of Corcoran\City wide maps\2040 Future Land Use.mxd Date: 6/16/2020 Time: 10:58:05 AM User: KShay Rural/Ag Residential Existing Residential Low Density Residential Medium Density Residential Mixed Residential High Density Residential Rural Service/Commercial Commercial Mixed Use Business Park Light Industrial Public/Semi-Public Parks/Open Space Agricultural Preserve (Date of Expiration) Open Water Municipal Boundary 2040 MUSA Future MUSA Expansion Area !!! !!! !!!Future Study Area Parcel Boundaries Streams Lake/Open Water Wetlands Map 2-12040 Future Land Use Source:Revised National Wetland Inventory (MN DNR, 2009-2014) !!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!! ! !!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!! ! ! !!! ! ! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STIEG RD WILLOW DRIVEHACKAMORE ROADTRAIL HAVEN ROADCAIN ROADO A K D A L E D R STREHLER ROAD PIONEER TR COUNTY ROAD 117 ROLLLING HILLS RDLARKIN RD TOWNSHIP OF HASSAN CITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROAD$+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUSH CREEK Vacant Land Analysis 3,000 0 3,0001,500 Feet Vacant Land Yes, RR Yes, RMF-2 Yes, GMU Yes, TCR Yes, CR Yes, C-2 Yes, I-1 !!!!!2040 Metropolitan Urban Service Area City Limit Open Water Shoreland Overlay District Corcoran Parcels 19 10 30 116 101 50 19 10 ± !!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!! ! !!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!! ! ! !!! ! ! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!î î î s s òñð òñð ñ ñ ï ï î î s ñ ï ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STIEG RD WILLOW DRIVEHACKAMORE ROADTRAIL HAVEN ROADCAIN ROADO A K D A L E D R STREHLER ROAD PIONEER TR COUNTY ROAD 117 ROLLLING HILLS RDLARKIN RD TOWNSHIP OF HASSAN CITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROAD$+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUSH CREEK Official Zoning Map 3,000 0 3,0001,500 Feet Zoning Districts: UR Urban Reserve RR Rural Residential RSF-1 Single Family Residential 1 RSF-2 Single Family Residential 2 RSF-3 Single and Two Family Residential 3 RMF-1 Medium Density Residential RMF-2 Mixed Residential RMF-3 High Density Residential MP Manufactured Home Park P-I Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial C-1 Neighborhood Commercial C-2 Community Commercial DMU Downtown Mixed Use GMU General Mixed Use BP Business District I-1 Light Industrial PUD Planned Unit Development ï Cemetery î ChurchsGolf Course ñ Government Building òñð Public Park !!!!!2040 Metropolitan Urban Service Area City Limit Open Water Shoreland Overlay District Parcels Vacant Yes Adopted February 25, 2020 19 10 30 116 101 50 19 10 ± 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: 2 TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: October 15, 2020 for the October 22, 2020 City Council Work Session RE: Consideration of an Ordinance Amendment to Address Non-Residential Uses in the Residential Zoning Districts REVIEW DEADLINE: NA 1. Request The Council asked staff to prepare information for consideration of an ordinance amendment to limit structure size in the residential zoning districts. 2. Background Council asked staff to present options for possible changes to the City Code to address non-residential uses in residential zoning districts. At the July 23, 2020 City Council meeting, staff provided preliminary research on how different cities address these types of uses and provided options for how the Council could continue to allow a full range of appropriate uses in residential districts. There were public comments asking that the Council only allow places of worship/assembly in the Public/Institutional district and require a rezoning for each application. The Council discussed the possibility of considering different standards for these types of uses in the urban and rural areas. Council members also discussed a desire to use performance standards to manage the impact of these types of uses in residential districts. These issues are discussed in this staff report. 3.Analysis Staff prepared a table summarizing the uses allowed in each district. This Use Matrix is attached to the staff report. The analysis was valuable as it showed which uses are allowed in each district and identified some inconsistencies in how the different assembly uses are treated. What are Places of Assembly? The current ordinance defines Places of Worship/Assembly as “Any place of worship, including any church, synagogue, temple, mosque, or other building or facility, primarily engaged in religious worship. The term does not include uses, such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories, or other facilities, for temporary or permanent residences, which are connected or related to the worship facility or the principal buildings on the site, or are located on the Non-Residential Uses in Residential Districts 2 October 22, 2020 same site, even if the curriculum or services offered as part of such use includes religious services and/or training.” This definition specifically excludes certain assembly uses like schools. While staff believes it may be valuable to separate some types of assembly in the definitions if the Council wishes to adopt performance standards that vary for the types of assembly, there is case law to suggest that anywhere places of assembly for things like schools, private clubs, etc. are allowed, places of worship must also be allowed. The first 10 items on the use matrix are all different types of places of assembly: 1. Places of Worship/Assembly. 2. Community Centers 3. Conference centers and reception halls. 4. Educational facilities, K-12. 5. Public and Private Clubs and Lodges. 6. Schools, Private 7. Schools, leasing space 8. Technical, vocational, business and college/university satellite facilities/schools. 9. Theatre 10. Trade Schools, Seminaries and other Higher Education Facilities As part of the comprehensive Zoning Ordinance updated identified as a Comprehensive Plan implementation goal, staff recommends that this list of assembly uses be updated and refined along with the other uses identified in the ordinance. Can the City permit Places of Assembly only in the Public/Institutional district? It was suggested that places of worship/assembly only be allowed in the P-I zoning district. Staff has consulted with the City Attorney on this issue and we do not recommend limiting Places of Worship to the Public Institutional (P-I) district only. We believe that this would be inconsistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires places of worship to be treated similar to other institutional and assembly uses. RLUIPA is founded on the Constitutional principal that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …” and adopted protections for places of worship. Limiting places of worship to the P-I district raises two primary issues: 1. If places of worship are only allowed in the P-I district and no vacant land is currently zoned P-I, it could be argued that this places a substantial burden on these uses by requiring every application to rezone property, which is something that is not required for other similar uses. 2. The ordinance allows other types of assembly uses in a variety of other zoning districts and it could be argued that treating this type of assembly use differently than other uses that are permitted is discriminatory and in violation of the "equal terms" provision of RLUIPA, which provides that: "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. Non-Residential Uses in Residential Districts 3 October 22, 2020 Staff recommends that the Council identify zoning districts that are appropriate for assembly uses and consider adopting additional performance standards to address potential conflicts with adjacent uses. Where should Places of Assembly be Allowed? The City Code allows different types of places of assembly in different districts. As noted earlier, some effort to better align like uses in the districts for consistency should be part of an ordinance update (this goes beyond just the assembly uses—our use matrix shows a few other areas where some consistency updates are needed), but for the purposes of this discussion, staff focused on the non-residential uses allowed in residential districts. The City allows places of worship/assembly in all residential districts except UR (Urban Reserve), MP (Manufactured Home Park) and TCR (Transitional Rural Commercial). Education facilities (K-12) are permitted in all residential districts except UR, RR (Rural Residential), MP and TCR. Staff notes that there are some assembly uses that are allowed in C-1, BP, I-1 and DMU, but where places of worship are excluded. This could be problematic unless the City establishes specific defensible standards for why places of worship cannot be allowed in areas where other assembly uses are permitted. As noted earlier, we recommend addressing this with the larger ordinance update. Most cities surveyed do allow places of worship/assembly in residential areas and these non-residential uses frequently come into cities after homes are built because the new homes drive demand for these services. It is true that churches and schools today are often larger than they were 50 years ago. Originally, churches and schools were built to serve the immediately adjacent neighborhoods and many people walked to the facility. While school districts still locate schools to serve a geographic area, that area is significantly larger and most students do not walk to school. Similarly, with easy transportation access, churches serve a much larger geographic area. Can we limit the Size of Places of Assembly? While it is difficult to find any empirical data regarding the size of new churches and schools, staff did evaluate some facilities in the area simply as a point of reference. It is important to understand the size of typical facilities when considering performance standards. Places of Worship/Assembly Staff was unable to identify a central data source for places of worship/assembly like MDE provides for schools. Places of worship/assembly have been evaluated based on information that is available online and approximate building area calculated using tools available on County GIS websites and CAD. School Building Footprint* Built Surrounding Uses Church of the Open Door 61,557 sq. ft. 2001 Residential Grace Free Lutheran Church 58,797 sq. ft. 2004 Commercial, Places of Assembly, Residential Plymouth Covenant Church 36,669 sq. ft. Unknown Commercial, Places of Assembly, Residential, School Advent Lutheran Church 32,368 sq. ft. 1968 Commercial, Places of Assembly, Residential, School Non-Residential Uses in Residential Districts 4 October 22, 2020 Hindi Temple of Minnesota 36,653 sq. ft. 2005 Agricultural, Residential *Exact data is not available for churches. Square footage estimated from GIS measuring tools and only includes the building footprint. The average square footage of the places of worship/assembly listed above is 45,209 sq. ft. Schools School size was gathered from data the Minnesota Department of Education (MDE) has available on their website. Data was gathered based on the 2020 fiscal year. The following schools were specifically included because they are part of one of the five school districts in Corcoran or because they are near Corcoran and would be familiar to City Council members. The table below summarizes the data for each of these schools: School Square Footage Built Expansions Surrounding Uses Rockford Magnet Elementary School 147,000 sq. ft. 2002 - Agricultural, Place of Assembly, Residential Rockford Middle School 110,500 sq. ft. 1959 1979, 1992 Commercial, Park, Place of Assembly, Residential Rockford High School 215,000 sq. ft. 1975 1992, 2002, 2014 Agricultural, Place of Assembly, Residential Rogers Elementary 88,839 sq. ft. 1968 1973, 2000, 2004, 2017 Place of Assembly, Residential Rogers Middle School 143,727 sq. ft. 1998 2004 Commercial, Park, Residential, School Rogers High School 301,258 sq. ft. 2003 2016, 2017 Commercial, Park, Residential, School Providence Academy 119,943* sq. ft. Unknown Unknown Industrial, Parks, Residential Ave Maria Academy 34,547* sq. ft. 2013 Unknown Public, Residential Heritage Christian Academy 58,797* sq. ft. 2003 Unknown Commercial, Places of Assembly, Residential Basswood Elementary 102,648 sq. ft. 1995 2002 Commercial, Places of Assembly, Residential Rush Creek Elementary 102,648 sq. ft. 1995 2002 Parks, Residential Woodland Elementary 101,555 sq. ft. 2002 - Commercial, Parks, Places of Assembly, Residential *MDE does not provide data for private schools. Square footage estimated from GIS measuring tools and only includes the building footprint. The data for the size of elementary, middle and high schools was compiled from the table above and averaged in the table below: Non-Residential Uses in Residential Districts 5 October 22, 2020 School Types* Average Square Footage Elementary Schools 108,538 sq. ft. Middle Schools 127,114 sq. ft. High Schools 258,129 sq. ft. *Schools that were combinations of elementary middle or high schools were not included in the calculations of average school size. Limitations on building size would likely need to apply to all non-residential uses in these districts in order to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires places of worship to be treated similar to other institutional and assembly uses. Any restriction on places of worship would require similar conditions on schools in these districts. The Council should consider whether size limits on churches and schools would further a compelling government interest that could not be addressed in a less burdensome manner. If the Council has specific concerns, it may be possible to address them with performance standards other than building size. While there are a few commercial districts in Corcoran where the size of a building is limited, staff believes that those relate to very specific types of uses and are consistent with the district purpose. However, the numbers are somewhat arbitrary and staff generally recommends the use of performance standards (such as setbacks, architectural treatment, landscaping) to address the size concerns: 1. In the CR (Rural Commercial) District, “Commercial recreation and entertainment (not to exceed 5,000 square feet)” is a conditional use. 2. In the C-1 (Neighborhood Commercial) District, “Retail goods and service uses of a similar nature within a fully enclosed building (without drive-through and not to exceed 50,000 square feet)” is a conditional use. 3. In the C-2 (Community Commercial) District, “Grocery Stores (not to exceed 50,000 square feet)” is a permitted use. The 2040 Comprehensive Plan includes a number of implementation steps and staff recommends review these commercial building limits as part of the Land Use implementation item #6 to “Review and update zoning districts with associated uses and all site and design requirements.” Overall, places of worship/assembly appear to have been increasing in size since the mid-20th century. However, to select a maximum building size limit for places of worship/assembly and schools is difficult to do using empirical data. For example, if a 50,000 sq. ft. size limit were to be established, you would need to provide data to show that a 49,999 sq. ft. building is appropriate but a 50,000 sq. ft. building is not. Staff does believe that an arbitrary size limit really addresses concerns raised by the Council and the public. Performance Standards Staff recommends continuing to allow places of worship/assembly and education facilities in the residential districts, but consider adding performance standards to ensure appropriate transitions to adjacent homes. Non-Residential Uses in Residential Districts 6 October 22, 2020 It is unusual for cities to limit the size of non-residential buildings in residential districts. A preliminary review several Minnesota communities and some other cities that were noted for establishing good performance standards found that none restrict the square footage of structures to a maximum size. Many of the cities had no specific performance standards for either schools or places of worship/assembly. Those that did generally said access needed to be on a collector or arterial street and sometimes increased the setback (50 foot minimum setback was typical) or limited impervious surface (60-70% of the lot area typical). The table below provides a summary of how different cities process applications for places of worship/assembly in residential districts: City Permitted Use Conditional Use With Specific CUP Use Standards Blaine x no Brooklyn Center x no Brooklyn Park x yes Duluth x (50,000 sq. ft. or less) x (50,000 sq. ft. or more) yes Greenfield X no Hugo x yes Maple Grove x yes Maplewood x no Medina X yes Minnetonka x yes Otsego x yes Plymouth x no Rogers x no White Bear Lake x yes Charlotte, NC x yes The City of Corcoran typically manages building massing through a combination of setback and height requirements. The required parking, landscaping and stormwater ponds also limit developable area on parcels to help manage building size. We did not find any examples that limited building size, but we did find cities that adopted performance standards. As noted in the table above, nine of the 15 cities surveyed allows places of worship/assembly in the residential districts with adopted performance standards. Any Zoning Ordinance amendment needs to be reasonably related to the purpose and intent of the Code. Any change should be based on an identified problem preventing us from meeting the purpose of the Code and amendment made to resolve the identified problem. Non-Residential Uses in Residential Districts 7 October 22, 2020 Suggested Performance Standards For example, Medina allows churches as a conditional use in the Suburban Residential district, the Urban Residential district and the Multi-Family Residential districts, subject to the following standards (and similar standards for schools): 1. located with direct access to a collector or arterial roadway as identified in the comprehensive plan; 2. buildings set back a minimum of 50 feet from all property lines; 3. parking areas set back a minimum of 50 feet from all property lines; 4. no more than 50 percent of the site to be covered with impervious surface and the remainder to be landscaped or left in a natural state; 5. exterior lighting must be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no direct light is cast on adjacent residential property or rights-of-way; 6. roof top or outside mechanical equipment must be screened from view from adjacent properties and rights-of-way; 7. any exterior storage must be screened from view with an opaque material architecturally compatible with the building; 8. no exterior bells or loudspeakers; and 9. the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. Minnetonka has the following standards for places of worship (and similar standards for schools): 1. direct access limited to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets; 2. buildings set back 50 feet from all property lines; 3. parking spaces and parking setbacks subject to section 300.28 of this ordinance; 4. no more than 70 percent of the site to be covered with impervious surface and the remainder to be suitably landscaped; and 5. site and building plan subject to review pursuant to section 300.27 of this ordinance. The standards from these two cities reflect typical standards for communities that do adopt standards and are reasonable conditions to attach to a non-residential use in a residential district. If the Council wishes to adopt additional performance standards, staff recommends the following standards for Council consideration: 1. Access. Direct access onto a major roadway (this is defined elsewhere in the Zoning Ordinance as “Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways”). a. Council could discuss whether that means that only access to one of those streets would be allowed or that access could also be allowed on Collector or local streets. Major roadways are the roads where a 100 foot setback is required by the Zoning Ordinance, but should these types of uses also be allowed to access Collector streets like Larkin, Stieg and Hackamore? The major roadways are State and County roads, where access Non-Residential Uses in Residential Districts 8 October 22, 2020 is very limited; therefore staff recommends that Minor Collectors also be allowed to provide access. 2. Setbacks. Structures and parking lots shall be setback a minimum of 100 feet from all property lines. 3. Impervious Surface Coverage. A maximum impervious surface coverage of 70% shall be permitted. All other areas shall be landscaped or left in a natural state. a. The Code does not currently provide impervious surface coverage limits in the residential districts, but does limit impervious surface coverage to 50% in the CR district, 70% in the BP, I-1 and P-I districts and 80% in the C-1, C-2 and GMU districts. 4. The project shall comply with all conditional use permit standards in Section 1070.020 of the Zoning Ordinance. If performance standards are adopted for places of worship/assembly, staff recommends that similar standards be adopted for educational facilities and other assembly uses in the residential districts as well. Conclusion Staff believes that allowing non-residential uses in Corcoran’s residential districts is appropriate, but that the creation of more specific performance standards for individual uses may be warranted. One could argue that the Eagle Brook Church review showed that the conditional use permit standards adopted as part of the Zoning Ordinance provided the Council with the tools needed to review a request to allow a place of assembly/worship and denying such a request if the CUP standards are not met. However, providing more specific performance standards would provide residents and developers a clearer preliminary understanding of the development expectations. A review of the options with the City Attorney leads staff to recommend adoption of performance standards to better define development expectations for non-residential uses in residential districts rather than eliminating them from residential districts or allowing them only in the P-I district. 4. Recommendation The Council should provide direction to staff on the proposed performance standards and direct staff to prepare an update for a public hearing in January 2021. Attachments a. Use Matrix b. Future Land Use Map c. Zoning Map d. 2040 Roadway Functional Classification Map e. “Zoning for Religious Institutions” article dated Fall 2009 f. Places of Worship/Assembly and School location exhibits City of Corcoran Zoning Ordinance Use Matrix USE UR RR RSF-1 RSF-2 RSF-3 RMF-1 RMF-2 RMF-3 MP CR TCR C-1 C-2 BP I-1 DMU GMU PUD PI Places of Worship/Assembly.C C C C C C C C C C P Community Centers C Conference centers and reception halls.P Educational facilities, K-12.C C C C C C P Public and Private Clubs and Lodges.P P Schools, Private C Schools, leasing space AP Technical, vocational, business and college/university satellite facilities/schools.P Theatre C C Trade Schools, Seminaries and other Higher Education Facilities C C Accessory buildings and structures for a use accessory to the principal commercial or business use provided such structure does not exceed 30 percent of the gross floor space of the principal use.AP AP AP Accessory Dwelling Unit I I I I I I I I I Accessory structures as regulated by Section 1030.020 of this Chapter.A A A A A A A A A A A A A A A A A A Accessory uses incidental and customary to uses allowed in this Section.A A A A A A A A A A A A A A A A A A Adult Entertainment Business, subject to Chapter 113 of the City Code.C Agriculture and Tree Farms.P P P Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.A A A A A A A A A A A Assisted Living Facility.C C C Automobile Retail (tires, batteries, etc. No body work or repair work).P C C Automotive detailing shops.P Bakery, retail P P P P Banks, savings and loan, credit unions and other financial institutions, with or without drive-through.P P P Banks, savings and loan, credit unions and other financial institutions, Without drive-through.P P Barbers, Beauty Shops and similar personal service uses.P P P P Car Washes.C C Cemeteries and Memorial Gardens.C C Civic Buildings, such as City Hall, libraries, fire stations, etc.P P P P P P P P Commercial Feedlots, subject to MPCA (Minnesota Pollution Control Agency) requirements.C Commercial Kennel, subject to Chapter 81 of the City Code.C C C Commercial printing establishments.P P Commercial recreation and entertainment (not to exceed 5,000 square feet).C Commercial recreation and entertainment.C C Commercial Riding Stables, subject to Chapter 81 of the City Code.C C Conditional Home Occupation License (CHOL) I I I I I I I I I I Contractors Operations P Contractors Operations, including accessory outside storage.C Page 1 of 5 City of Corcoran Zoning Ordinance Use Matrix USE UR RR RSF-1 RSF-2 RSF-3 RMF-1 RMF-2 RMF-3 MP CR TCR C-1 C-2 BP I-1 DMU GMU PUD PI Copy/print shop P P P Day Care facilities accessory to educational facilities or Places of Worship/Assembly.C C C C C A Day Care Facilities, County licensed, 12 or fewer individuals.A A A A A A A A A A A A Day Care Facilities, State licensed, as defined by statute.P P P P P P P P P P P P P P P Day Care, Commercial, accessory to permitted uses in this district C Day Care, Commercial.P C C Department Stores P Development in the MUSA prior to availability of municipal sewer and water I Drive-through businesses, subject to the standards outlined in Section 1060.060, Subd. 12.C C C Drive-through lanes serving permitted or conditional uses, except for restaurants, for which drive-through lanes are not allowed in the Downtown Mixed Use District,C Drug Stores, Variety Stores, etc.P Dry cleaning and laundry pick up, incidental pressing and repair without dry cleaning processing.P P P P Dwelling, Attached P Dwelling, Detached P Dwelling, Multiple Family with a minimum density of 10 units per net acre, which may include units combining living and working space within the unit, if all units on the same floor of a building are the same P P Dwelling, Multiple Family.C P P C Dwelling, Senior (age-restricted).C P P P Dwelling, Single Family Detached.P P P P P P P Dwelling, Single-Family Attached - 8 units per building maximum with each unit having a separate entrance;P P Dwelling, Single-Family Attached with no more than six (6) dwelling units per structure in a row (and no back to back townhome units)P Dwelling, Two Family.C P P Equipment rental P Essential services and structures.P Essential Services, as allowed by Section 1030.090.AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP Event Centers I C Farmers Market I I Fences as regulated by Section 1060 (Performance Standards) of this Chapter.A A A A A A A A A Funeral Homes and Mortuaries.P C C C Golf Courses and other outdoor recreational facilities of a commercial nature.C C Greenhouses and Nurseries, subject to the following:C C I I C C C Grocery Stores (not to exceed 50,000 square feet).P Hardware Stores.P Health clubs and fitness centers C Page 2 of 5 City of Corcoran Zoning Ordinance Use Matrix USE UR RR RSF-1 RSF-2 RSF-3 RMF-1 RMF-2 RMF-3 MP CR TCR C-1 C-2 BP I-1 DMU GMU PUD PI Health clubs and fitness centers less than 5,000 square feet in size.C C Hobby and Craft Stores.P Home Furniture and Home Furnishing Stores.P Hospitals, nursing home and similar care facilities.C C C Hotel, inns and bed and breakfast establishments C C C P P Household Appliance Stores.P Indoor sports and recreation (commercial) provided the structure and use is located at least one hundred feet (100’) from any residential zoning district.P Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.A A A A A A A A A A A A A A A A A A Laboratories/research facilities.C P P Land reclamation, mining and soil processing I Laundromats.P Liquor—Off-sale/On-sale.P Living quarters, which are provided accessory to a principal agricultural use C C Lumber Yards/building material sales.C P Manufactured homes P Manufacturing or assembly of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectionable impact on the environment.P P Mini Storage/Self Storage Facilities.C C Mining and Soil Processing.I Motor Fuel Stations.C C C C Motor Vehicle, Boat or Equipment Repair.C C Motor Vehicle, Boats and Equipment Sales.C C Museum C C Nursing Home C C Office/Warehouse.P P Offices, medical and professional.P P P P P P P C Open or outdoor services, sales and equipment rental.C Other uses as approved by the City Council I Outdoor seating accessory to a restaurant A Outdoor seating within the public right of way or public open space for a permitted or conditional use,A Outside Storage, accessory to an allowed use C Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.P P P P P P P P P Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.A A A A A A A A A A Printing and publishing P Private Recreational Facilities A Public open space plaza, square or other related uses A A Public Parking Ramp P Radio and television stations or studios.P P Recycling facility-indoor P Page 3 of 5 City of Corcoran Zoning Ordinance Use Matrix USE UR RR RSF-1 RSF-2 RSF-3 RMF-1 RMF-2 RMF-3 MP CR TCR C-1 C-2 BP I-1 DMU GMU PUD PI Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.P P P P P P P P P Residential Facility with seven to sixteen individuals, licensed by the State.C C C C C C Restaurants and cafes (without drive-through).P P P P Retail goods and service uses of a similar nature within a fully enclosed building (without drive-through and not to exceed 50,000 square feet).P Retail goods and service uses of a similar nature within a fully enclosed building (without drive-through).P P Retail goods and service uses of a similar nature.P P Retail sales related to the processing of product on site so long as it does not exceed thirty percent (30%) of the floor space of the principal building.P Retail Uses accessory to permitted development limited to 10 percent of the gross floor area of the building.C Seasonal Outdoor Retail Sales.AP AP AP AP Seasonal Produce Stands.P P I I P Signs as regulated by the City Code.A A A A A A A A A A Special Home Occupations as allowed by Section 1030.100 of this Chapter.AP AP AP AP AP AP AP AP AP AP Sporting Goods and similar retail sales.P Street Vendors I Structured parking A Tailoring services, shoe repair and similar services.P Taverns P P P P Temporary living quarters I I Temporary real estate offices.AP AP AP AP AP AP Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.I I AP AP AP AP I I I I I I I Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.A A A A A A A A Tenant restaurants, cafeterias, and retail service limited to tenants of the building, provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior of the building.A A Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance.C C C C C C C C Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance, only when co-located on an existing structure.AP AP AP AP AP AP AP Veterinary clinic, Animal Hospital and related indoor kennel; and pet grooming.C C C C Warehousing and indoor storage used in conjunction with offices or manufacturing facilities.P Page 4 of 5 City of Corcoran Zoning Ordinance Use Matrix USE UR RR RSF-1 RSF-2 RSF-3 RMF-1 RMF-2 RMF-3 MP CR TCR C-1 C-2 BP I-1 DMU GMU PUD PI Warehousing/distribution and indoor storage.P Wholesale Showrooms.P P Page 5 of 5 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !City of GreenfieldCityofMapleGroveCity of Medina City of Rogers Bechtold RdPio n e e r T r l TrailHavenRdCounty Road 116County Road 30 Schutte Rd Oakdale Dr County Ro a d 1 0 Horseshoe Trl C o u n t y R o a d 5 0 Larsen Rd Willow DrHunterRdCounty Road 19Homestead Trl Cain RdRolling Hills RdCountry Rd Mohawk DrLarkin RdFoxline DrStrehler Rd Dassel Ln OldSettlersR d Stie g R d Kalk RdMeister Rd Maple Hill Rd93rd Ave N Tessmer Rd Blue Bonnet DrJubertLn456710 456750 456719 456730 4567116 4567101 4567117 Brockton Ln N109th Ave N 4567101 ")55 Hackamore Rd MorinLake ScottLake JubertLake GooseLake CookLake R u sh CreekRushCreek South F o rk R u sh Creek SouthForkRu shC reekThe method and timing of regional wastewater service to be determined through future study. 6/21/2022 6/21/2022 1/25/2026 1/25/2026 1/22/2023 6/21/2022 4/28/2021 1/22/2023 1/22/2023 1/21/2021 10/2020 12/13/22 4/27/2022 4/27/2022 2040 COMPREHENSIVE PLAN 3,000 0 3,0001,500 Feet ± Path: \\MSPFSV02\DesignDepot\Library\Software\GIS\Client\City of Corcoran\City wide maps\2040 Future Land Use.mxd Date: 6/16/2020 Time: 10:58:05 AM User: KShay Rural/Ag Residential Existing Residential Low Density Residential Medium Density Residential Mixed Residential High Density Residential Rural Service/Commercial Commercial Mixed Use Business Park Light Industrial Public/Semi-Public Parks/Open Space Agricultural Preserve (Date of Expiration) Open Water Municipal Boundary 2040 MUSA Future MUSA Expansion Area ! ! ! ! ! ! ! ! !Future Study Area Parcel Boundaries Streams Lake/Open Water Wetlands Map 2-12040 Future Land Use Source:Revised National Wetland Inventory (MN DNR, 2009-2014) !!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!! !!!!!!!!!! !! !! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!! ! !!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!! ! ! !!! ! ! ! ! ! ! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! ! ! !! ! ! ! ! !!!!!!!!!!! !!!!!!!!! ! !!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 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E E K Official Zoning Map 3,000 0 3,0001,500 Feet Zoning Districts: UR Urban Reserve RR Rural Residential RSF-1 Single Family Residential 1 RSF-2 Single Family Residential 2 RSF-3 Single and Two Family Residential 3 RMF-1 Medium Density Residential RMF-2 Mixed Residential RMF-3 High Density Residential MP Manufactured Home Park P-I Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial C-1 Neighborhood Commercial C-2 Community Commercial DMU Downtown Mixed Use GMU General Mixed Use BP Business District I-1 Light Industrial PUD Planned Unit Development ï Cemetery î ChurchsGolf Course ñ Government Building òñð Public Park !! !!!2040 Metropolitan Urban Service Area City Limit Open Water Shoreland Overlay District Adopted June 2011 19 10 30 116 101 50 19 10 ± Updated September 2020 City of GreenfieldCityofMapleGroveCity of Medina City of Rogers Bechtold RdPio n e e r T r l TrailHavenRdCounty Road 116County Road 30 Schutte Rd Oakdale Dr County Ro a d 1 0 Horseshoe Trl C o u n t y R o a d 5 0 Larsen Rd Willow DrHunterRdCounty Road 19Homestead Trl Cain RdRolling Hills RdCountry Rd Mohawk DrLarkin RdFoxline DrStrehler Rd Dassel Ln OldSettlersR d Stie g R d Kalk RdMeister Rd Maple Hill Rd93rd Ave N Tessmer Rd Blue Bonnet DrJubertLn456710 456750 456719 456730 4567116 4567101 4567117 Brockton Ln N109th Ave N 4567101 4567101 ")55 Hackamore Rd Morin Lake Scott Lake Jubert Lake Goose Lake Cook Lake R u s h C reekRushCreek South F o r k R u sh Creek S outh F orkRushCreekRushCreek 2040 COMPREHENSIVE PLAN 3,000 0 3,0001,500 Feet ± Path: L:\2294\100\2040CompPlan\2040 Roadway Funtional Classification.mxd Date: 1/30/2019 Time: 2:01:05 PM User: shujc0243 Principal ArterialA Minor RelieverA Minor ExpanderProposed A Minor ExpanderA Minor ConnectorProposed A Minor ConnectorMajor CollectorProposed Major CollectorMinor CollectorProposed Minor CollectorMunicipal BoundaryParcel BoundariesStreamsLake/Open Water Map 6-72040 Roadway Functional Classification 103 1 PLANNING COMMISSIONERS JOURNAL / NUMBER 76 / FALL 2009 PLANNING LAW PRIMER Zoning for Religious Institutions by Eric Damian Kelly, Esq., FAICP Many communities have long allowed “churches” in most or all zoning districts. Such an approach worked well when many people walked to services and when many religious institutions were built to accommodate residents of a neighborhood, not those of a whole community. Today, a reference to “churches” is not adequate to conform with the U.S. Con- stitution. Moreover, there are a number of religious institutions that bear little resemblance to the typical “neighbor- hood church.” With facilities that can seat 2,000 or 3,000 people and include bookstores, coffee shops, movie theaters, gymnasia, and broadcasting facilities, a number of communities have prohibit- ed religious institutions in some zoning districts and/or have imposed new restrictions on them. The evolving nature of religious insti- tutions has also led to a variety of zoning responses and legal challenges, including: • limitations on the expansion or remod- eling of religious institutions under local historic preservation ordinances.1 • prohibitions against the use of houses of worship for such social service activi- ties as soup kitchens and temporary sleeping space for the homeless.2 • limitations on such religious practices as animal sacrifices3 or the activities of a particular religious facility because of cultural and language differences between members of the group and the dominant population in the community.4 THE LAW Religious freedom is, of course, one of the core values on which the United States was founded. The first words of the First Amendment to the Constitution read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …” Beginning in the 1980s, however, a series of (largely unrelated) federal court decisions upheld local zoning reg- ulations that excluded churches and other religious institutions from one or more zoning districts in particular com- munities. Reacting in part to those deci- sions and in particular to a peripherally related decision of the U.S. Supreme Court, Congress intervened in the field. Its first attempt, the Religious Freedom Restoration Act, was struck down by the Supreme Court as unconstitutional.5 Congress subsequently adopted the Religious Land Use and Institutional- ized Persons Act (RLUIPA), 42 U.S.C. 2000cc. To date, all courts that have con- sidered the constitutionality of RLUIPA have upheld it. There are two relevant parts of the law. The first part establishes a very heavy burden of proof for a “substantial burden” imposed on the practice of reli- gion by requiring that such a burden be justified by a “compelling governmental interest.” Part of the definition of “sub- stantial burden,” however, specifies that the “substantial burden” test applies only to a land-use regulation “under which a government makes, or has in place for- mal or informal procedures or practices that permit the government to make, individualized assessments of the pro- posed uses for the property involved.” The second part of RLUIPA contains provisions prohibiting governments from discriminating in their land use 1 City of Boerne, Petitioner v. P.F. Flores, Archbishop of San Antonio, and United States, 521 U.S. 507, 117 S. Ct. 2157, 138 L. Ed. 2d 624 (1997). The Supreme Court held the Religious Freedom Restoration Act (RFRA) unconstitutional and upheld the city’s denial (under its historic preser- vation ordinance) of a church’s plans for expansion. Congress then replaced RFRA with RLUIPA, as discussed in this article. 2 Stuart Circle Parish v. Board of Zoning Appeals of the City of Richmond, 946 F. Supp. 1225 (E.D. Va. 1996). The court granted an injunction against the zoning board, thus allowing the church to expand a meal program for the homeless beyond what was apparently allowed by the zoning ordinance. 3 Church of the Lukumi Babalu Aye, Inc., v. City of Hialeah, 508 U.S. 520, 113 S. Ct. 2217, 124 L. Ed. 2d 472 (1993). The Court found that an ordinance prohibit- ing animal sacrifices was targeted at the Santeria religious group and struck it down as unconstitutional. This was a complex decision dealing with a complex subject, and it is difficult to draw major conclusions from the holding. 4 Ira Iglesia de la Biblia Abierta v. City of Chicago and Banks, 949 F. Supp.637 (N.D. Ill. 1996), reversed 129 F.3d 899 (3rd Cir. 1997), reh’g denied. Here the City of Chicago, led by a district alder- man, changed the zoning ordinance to prohibit the use of specific property for religious purposes after the church had acquired it. The zoning was ultimately upheld, after much litigation. For later proceedings, see C.L.U.B. v. City of Chica- go, 2001 U.S. Dist. LEXIS 17213 (N.D. Ill. Oct. 17, 2001), motions denied, at 2001 U.S. Dist. LEXIS 17213 (N.D. Ill. Oct. 17, 2001). 5 City of Boerne (see footnote 1). THE EVOLVING NATURE OF RELIGIOUS INSTITUTIONS HAS LED TO A VARIETY OF ZONING RESPONSES AND LEGAL CHALLENGES. Those words also limit states and local governments, through the effect of the Fourteenth Amendment in extending the basic freedoms of the Bill of Rights to address all government action. It has long been clear that the First Amend- ment prohibits a local government from granting a preference to one religion over another. The “free exercise” clause has also consistently been interpreted to pro- vide relatively broad protection for the establishment of facilities in which to worship. “Storefront” Religious Institutions Some communities have dealt with concerns about “storefront” religious institutions. Start-up and other small congregations often seek under-used spaces that are available for relatively low rents; such spaces can range from vacant downtown retail buildings to closed supermarkets. The reuse of closed supermarkets or “big box” stores as places of assembly typically causes few public concerns. Such facilities are usually found along arterial or collector roads with good access and lots of parking. Use of such a building for worship space one day and a couple of nights a week generally has less impact on the neighborhood than the former retail use. Storefront facilities in downtown or other older retail areas, however, raise a different set of issues. Communities that adopt revitalization plans for such areas typically try to encourage a streetscape that is lively and interesting for pedestri- ans. If a religious institution takes over a 150-foot storefront and uses it only on Saturdays or Sundays and just one or two evenings a week, that storefront becomes a relatively long dead space along the sidewalk during the prime hours for downtown shopping, dining, and entertainment. This concern can be addressed with- out violating RLUIPA’s provisions against discrimination. Along a specific street corridor designated for redevelop- ment, a local government could legiti- mately prohibit any place of public assembly – including religious ones – from occupying more than 25 (or 30 or 35) feet of first-floor space fronting on the street. Many small-town downtown theaters once had similar frontage on main streets, with only a lobby and a hallway fronting on the sidewalk, and the main part of the theater at the back of the building, tucked behind retail stores. Many fraternal organizations occupy the upper floors of downtown buildings, with only a main entrance sharing space with retail on the first floor. Those provide good models for integrating places of assembly into lively pedestrian streets. 2. Excluding Religious Institutions from Zoning Districts in General As the case law under RLUIPA is evolving, it is clear that a local govern- ment can exclude religious institutions from some zoning districts, but not from the entire community. In regulating uses that have Constitutional protection, it is always wise to document the govern- mental interest involved in a particular regulation, even if that governmental interest does not rise to the level of “compelling.” Thus, one can imagine excluding reli- gious institutions from: • an industrial park zone (to protect the availability of land for uses that will build the economic base), • an exclusive agricultural zone (to pro- tect farming and limit sprawl), • a densely populated residential area with narrow streets (to prevent parking and congestion problems), or • a downtown district (to prevent store- front churches that are used only a day or two a week from creating large dead spaces along major downtown side- walks). It seems more difficult to make the case to exclude religious institutions from multi-family residential districts and from most commercial districts, although a few communities have done so. 3. Distinctions Based on a Religious Institution’s Size Some local governments may want to recognize the land-use differences between the traditional neighborhood place of worship and some of today’s mega-institutions by continuing to allow only the smaller, more neighborhood- scale institutions in residential districts. There are three different ways that a local government might make such a distinc- tion without violating RLUIPA or the Constitution: 1. By distinguishing between the types of institutions based on the seating capacity of the principal worship space. Traditional neighborhood institu- tions seat between 100 and 250 people in that space; so institutions with seating capacity in that range could be allowed regulations against religious institutions. The law’s non-discrimination provisions read (in full): “(b) Discrimination and Exclu- sion. (1) Equal terms. No government shall impose or implement a land use regulation in a manner that treats a reli- gious assembly or institution on less than equal terms with a nonreligious assembly or institution. (2) Nondiscrimination. No government shall impose or imple- ment a land use regulation that discrimi- nates against any assembly or institution on the basis of religion or religious denomination. (3) Exclusions and limits. No government shall impose or imple- ment a land use regulation that – (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.” IMPLICATIONS AND RECOMMENDATIONS 1. Basic Terminology “Church” is a term generally applied to institutions of the Christian religion. Thus, a provision in an ordinance allow- ing churches but not allowing other types of religious institutions on its face could be construed to violate both the First Amendment and the non-discrimi- nation provisions of RLUIPA. As a practical matter, most zoning administrators seem to have allowed mosques, temples, and other institutions in the same locations where churches are allowed. Some local governments have adopted new definitions of “church” that include other types of religious institu- tions. The safer course is to use a phrase like “house of worship,” “place of worship,” or “religious institution,” and to define it as follows: “Any building used for non- profit purposes by an established reli- gious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the state property tax law, where such build- ing is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, tem- ple, synagogue, and mosque.” 2 PLANNING COMMISSIONERS JOURNAL / NUMBER 76 / FALL 2009 continued on next page the rationale for the city’s unique treat- ment of houses of worship under the ordinance. Any local government consid- ering such an unusual distinction should include in the ordinance clear statements of purpose, ideally with references back to a planning or policy document. 5. Regulating Religious Institutions as Special or Conditional Uses The “substantial burden” test of RLUIPA expressly applies to local regula- tions that involve an “individualized assessment.” A requirement that a reli- gious use obtain a special use permit, conditional use approval, or special exception is clearly an “individualized assessment.” Thus, risk-averse local governments should simply make hous- es of worship uses by right in a reason- able number of zoning districts. A local government that fails to do so will find its ordinance tested under the “com- pelling governmental interest” test imposed by the “substantial burden” clause of the act. It would seem to be a fair reading of the law that if a local government does allow such uses by right in a number of districts, it could allow them as uses by review (special uses) in one or more other districts – particularly if there are clear guidelines for when the special use will be approved. 6. Accessory Uses & Religious Institutions Religious institutions in all zoning districts should certainly be allowed to include such traditional accessory uses as: reasonable signage; housing for a principal worship leader; classrooms for accessory religious education; and a sep- arate assembly hall for social and educa- tional gatherings. But local governments may want to consider limitations on other types of accessory uses in cer- tain residential zoning districts. For example, some religious institu- tions today run fleets of buses, and both store and repair the buses at the main worship centers. Large religious institu- tions may also include bookstores, gyms, movie theaters, and recreational and activity centers. The full range of such in a location where it does not allow a house of worship is likely to face a major problem defending the limita- tion on religious institutions under the non-discrimination provisions of RLUIPA. A New Jersey community, however, raised an interesting issue and succeeded in prohibiting religious institutions in a downtown district where it allowed the- aters and nightclubs.6 The City of Long Branch had adopted a redevelopment plan that called for making its downtown “Broadway corridor” an entertainment center. The concern was that if a reli- gious institution were to locate within this corridor, it would trigger a state law limiting the issuance of liquor licenses 3 PLANNING COMMISSIONERS JOURNAL / NUMBER 76 / FALL 2009 in all residential zoning districts, while taking a more restrictive approach to the larger ones. 2. By basing the distinction on the total floor area of buildings located on the site (probably excluding the resi- dence of the principal worship leader). 3. By significantly limiting the acces- sory uses to a house of worship in less intensive residential districts (see sepa- rate discussion in Section 6). An ordinance making distinctions like those suggested here should allow the larger institutions either in commer- cial and multi-family districts or where they have direct access to an arterial road, or direct access to a major collector, adjoining an arterial. Most of the modern mega-institutions recognize the market- ing value of such locations and actively seek them out. It would be very unusual for a congregation to propose to build a major institution in a quiet residential neighborhood. Conflicts sometimes arise, howev- er, when an existing neighborhood reli- gious institution grows, gradually buying and tearing down nearby homes to build new facilities. A local government that attempts to limit such growth may face a backlash from the institution’s members, but allowing such an institution to grow without restraint can lead to significant neighborhood protests. 4. Non-Discrimination Regulating Religious Institutions & “Places of Assembly” In our work consulting with local governments, we often find commercial districts that allow theaters but do not allow places of worship. We also some- times find residential zoning districts that allow community centers but do not allow places of worship. Theaters, ar- enas, auditoriums, community centers, civic centers, fraternal lodges, and many types of clubs fall under a general catego- ry of use considered “places of assembly.” Regardless of whether a local ordinance uses that phrase, the concept is familiar to the courts. A commu- nity with an ordinance that allows a theater, civic center, or fraternal lodge 6 Lighthouse Inst. for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253 (3d Cir. N.J. 2007) RISK-AVERSE LOCAL GOVERNMENTS SHOULD SIMPLY MAKE HOUSES OF WORSHIP USES BY RIGHT IN A REASONABLE NUMBER OF ZONING DISTRICTS. continued from previous page within specified distances of churches and other religious institutions – in effect, undermining the city’s goals in creating the district. To avoid this outcome, the City pro- hibited religious institutions in the corri- dor district. The city persuaded a federal court of appeals that it was not discrimi- nating between similar types of places of public assembly – it was allowing only those places of assembly that would not trigger the provision of state law limiting the issuance of liquor licenses. This issue has not arisen frequent- ly, and local governments should not assume that other courts will reach the same conclusion. There are, however, two important lessons that can be drawn from the court’s City of Long Branch rul- ing. First, the city’s decision was based on a carefully considered plan. Second, both the plan and the ordinance showed PLANNING COMMISSIONERS JOURNAL / NUMBER 76 / FALL 2009 uses are certainly appropriate at religious institutions located in business zoning districts, but because of their traffic, noise, or other impacts, may not fit with- in single-family and, possibly, some other residential districts. As a result, accessory uses that local governments might want to prohibit in some residential districts might include: storage of more than one or two buses; bus maintenance and repair; bookstores; coffee shops; digital electronic signs; broadcasting studios; television and radio broadcast towers; movie theaters; gymnasiums; and bowling alleys or other kinds of recreation facilities typically offered by commercial establishments. Accessory uses that ought to be con- sidered carefully are soup kitchens and homeless shelters. Many religious insti- tutions have a theological commitment to helping others, and some want to do it on their home turf. Although neighbors are unlikely to object to a church or syn- agogue opening its doors to the homeless on the very coldest nights of the year or offering an occasional food give-away or dinner, establishing permanent facilities that attract large numbers of those in need day after day and week after week is likely to lead to conflicts, particularly in exclusively residential areas. The law on limiting accessory uses at religious institutions is not entirely settled, but at this time it appears that two rules would explain many of the decisions: First, if the local ordinance says noth- ing about accessory uses, a court is likely to accept an argument from a religious institution that any sort of accessory use is a part of its normal pattern of worship and thus should be allowed. Second, if, on the other hand, the local ordinance clearly allows religious institutions with only limited accessory uses in some locations, while allowing those institutions with a full range of uses in others, the courts appear willing to enforce the ordinance as written. Thus, any effort to update a zoning ordinance dealing with religious institu- tions should include a serious discussion of what accessory uses are appropriate and acceptable for them – in each zoning district. The fleet of buses and mainte- nance garage will hardly be noticed in a highway-oriented business district, but may lead to many complaints in a single- family residential district. 7. Parking, Landscaping, and Signs Remember that the “substantial bur- den” rule under RLUIPA imposes the “compelling governmental interest” test only on local regulations that involve an “individualized assessment.” The corol- lary of that principle is that laws of gen- eral applicability will not be considered substantial burdens. Requirements for off-street parking, landscaping, buffering, site lighting, and other amenities are, in almost all com- munities, rules of general applicability. Limitations on flashing signs and on building heights are also rules of general application and thus are not subject to the “substantial burden” test. There has been some litigation over the theological significance of steeples and similar vertical extensions of reli- gious buildings. The law is not clear on that, but some zoning ordinances allow a religious institution to exceed height limits otherwise applicable to the zoning district with “non-habitable” space or something similar. The fact that it is probably both lawful and Constitutional to impose a full-range of site development restrictions on reli- gious institutions does not necessarily mean that it is appropriate to do so, how- ever. For a small, neighborhood institution with no significant accessory uses, it may make more sense to allow most people to park on the streets than to add an acre or two of paved parking to the neigh- borhood. Where off-street parking is necessary, a community should con- sider requiring that only a portion of it be paved, allowing people to park on grass or other porous surfaces during the four or five busiest hours a week. Most residential districts include significant restrictions on signs. Those rules make perfect sense for residences, but it is unreasonable to expect a church or school to operate without signs. The ordinance, however, should not provide for “church” signs – it should provide for “accessory signs at institutional uses permitted in residential districts.” Many local ordinances have some sort of provision for at least one freestanding sign, but they often miss other important issues. For example, if a religious institu- tion or school does not have some changeable copy space on its sign, it will probably make extensive use of banners and temporary signs to promote vacation religious schools, pot luck dinners, and other events; and religious institutions need wall signs, as well as freestanding signs, to provide information on worship schedules and contact information. SUMMING UP: Churches, synagogues, temples, and mosques are all subject to reasonable local zoning regulations. A community updating its regulations or facing a potential controversy over such an insti- tution, however, should check its ordi- nance to be sure that: • the ordinance on its face and local practice treat religious institutions in the same way, regardless of denomination or name of the building, • houses of worship are allowed in all zoning districts that allow other places of assembly, unless there are very unusual and well-documented circumstances jus- tifying a particular distinction, • religious institutions are allowed in many districts by right and do not require special use permits or other dis- cretionary reviews, and • site development requirements – which are generally enforceable against reli- gious institutions – are reasonable and practical for those institutions. ◆ Eric Damian Kelly, Ph.D., FAICP, a lawyer and planner, is a professor of urban plan- ning at Ball State University and vice president of Duncan Associates, a consulting firm. He is a past president of the American Planning Association and General Editor of Matthew Bender’s 10-volume Zoning and Land Use Controls. 4 Rockford Elementary School Building (Sq. Ft.):147,000 NORTH 0 250’ 500’ Rockford Middle School Building (Sq. Ft.):110,500 NORTH 0 250’ 500’ Rockford High School Building (Sq. Ft.):215,000 NORTH 0 250’ 500’ Rogers Elementary Building (Sq. Ft.):88,839 NORTH 0 250’ 500’ Rogers Middle School Building (Sq. Ft.):143,727 NORTH 0 250’ 500’ Rogers High School Building (Sq. Ft.):301,258 NORTH 0 250’ 500’ Providence Academy Building (Sq. Ft.):119,943 NORTH 0 250’ 500’ Ave Maria Academy Building (Sq. Ft.):34,547 NORTH 0 250’ 500’ Heritage Christian Academy Building (Sq. Ft.):58,797 NORTH 0 250’ 500’ Basswood Elementary Building (Sq. Ft.):102,648 NORTH 0 250’ 500’ Rush Creek Elementary Building (Sq. Ft.):102,648 NORTH 0 250’ 500’ Woodland Elementary Building (Sq. Ft.):101,555 NORTH 0 250’ 500’ Church of the Open Door Building (Sq. Ft.):61,557 NORTH 0 250’ 500’ Grace Free Lutheran Church Building (Sq. Ft.):58,797 NORTH 0 250’ 500’ Plymouth Covenant Church Building (Sq. Ft.):36,669 NORTH 0 250’ 500’ Advent Lutheran Church Building (Sq. Ft.):32,368 NORTH 0 250’ 500’ Hindi Temple of Minnesota Building (Sq. Ft.):36,653 NORTH 0 250’ 500’ 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran Planning Commission FROM: Kendra Lindahl, Landform DATE: September 29, 2021 for the October 7, 2021 Planning Commission Meeting RE: Final Plat and Final Planned Unit Development (PUD) Plan for “Amberley 1st Addition” and “Bellwether 6th Addition” (PID 01-119-23-34-0002) (city file no. 21-037) REVIEW DEADLINE: October 25, 2021 1.Application Request The applicant, Pulte Homes, has requested approval of the final plat and final PUD development plan for Amberley 1st Addition and Bellwether 6th Addition. This phase plats the former Van Blaricom property into 87 lots. The preliminary approvals allow 192 lots and the remaining 105 lots will be platted in a future phase. 2.Background On July 22, 2021, the Council approved a rezoning to PUD, preliminary plat and preliminary plat for the project. The development will include 116 Bellwether lots and 76 single family lots that will be platted as “Amberley” subdivision. The land area includes two separate parcels totaling 77.22 acres. On September 23, 2021, the City Council approved an early grading permit agreement to allow Pulte Homes had submitted a request to allow for site grading and trunk sewer installation to take place prior to final plat approval of the Amberly 1st / Bellwether 6th development. 3.Analysis of Request Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and City Code requirements, as well as City policies. The City Engineer’s comments are incorporated into this staff report, the detailed comments are included in the attached engineering memo and the approval conditions require compliance with the memo. A.Level of City Discretion in Decision-Making The City’s discretion in approving a final PUD is limited to whether the proposed plan is in substantial conformance with the preliminary PUD development plan. If it meets these standards, the City must approve the final PUD development plan. The City’s discretion in approving a final plat is limited to whether the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance. If it meets these standards, the City must approve the final plat. Agenda Item: 6c. Amberley and Bellwether 6th Final PUD Development Plan (city file 21-037) 2 October 7, 2021 B. Consistency with Ordinance Standards Final PUD Development Plan Staff has reviewed the application for consistency with the approved preliminary plans, as well as City policies. Staff finds that the final PUD development plan is consistent with the approved preliminary plans. However, there are a number of conditions that must be addressed prior to release of the final plat and authorization to begin construction. This phase includes 62 lots in Bellwether 6th Addition and 25 lots in Amberley 1st Addition. The Bellwether 6th Addition includes dedication of the City park and homes nearest to the park. The Amberley homes in this phase are those in the northeast portion of Amberley and will include a new access onto Stieg Road. There is a master association for maintenance common areas (signs, boulevard irrigation and landscaping, etc.) in this phase. There will be a new association for Amberley and the Bellwether HOA documents will be amended to include this phase. The Amberley 1st Addition portion of the development is 2.92 units per acre and the Bellwether 6th Addition portion of the development is 3.52 units per acre. This average density is within the 3-5 units per acre required for development in the Low Density Residential land use category. Preliminary PUD Development Plan Design Standards The developer has been working with City staff to finalize the architecture for the homes in the development. The Bellwether products allowed in previous additions were approved by the Council for Bellwether 6th Addition. However, the Amberley single family neighborhood has different home types and was not granted PUD flexibility from the garage standards or architectural standards required by Section 1040.040, Subd. 8 of the Zoning Ordinance. The homes will be selected for each lot by the buyers and must comply with all design standards and PUD standards. Preliminary feedback has been provided to Pulte and they are working to bring the home plans into compliance prior to issuance of building permits. Streets The City Engineer’s memo notes that the Stieg Road improvements will be initiated with this phase of the project. A new street connection to Stieg Road will be provided in Amberley 1st Addition. Utilities The City Engineer’s memo provides detailed utility comments. This project will extend municipal sewer and water to serve this phase of the development. The dedication of the park land includes land for a future City well and water tower. A trunk watermain shall be stubbed to the southwest corner of the property. Amberley and Bellwether 6th Final PUD Development Plan (city file 21-037) 3 October 7, 2021 Wetlands Section 1050.010 establishes standards for the wetland overlay district. This includes establishment of wetland buffer strips plus a 15-foot structure setback from the buffer. Wetland buffer signs are required to be installed at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of 200 feet of wetland edge. Minor adjustments to the wetland buffer signs are required and have been included as a condition of approval. The developer must provide a wetland buffer maintenance plan that defines how they will ensure establishment of the buffer and ensure that the buffer is maintained in perpetuity. Landscaping The landscape plan shows compliance with the ordinance requirement of one tree per lot. Additional landscaping is provided along Stieg Road. A landscaped median island is provided at the entrance from Stieg Road. The applicant must enter into a maintenance and encroachment agreement for the landscaping in the public right-of-way, which will be maintained by the homeowners association. Lighting Standard street lighting will be provided. Streetlights are generally located on the sidewalk side of the street but will be coordinated with the City and field located during construction. Parks and Trails This phase includes dedication of the City park land and a portion of the off-road trail. The plans show dedication of 5.67 net (8.15 gross) acres of park land. The park includes land for a new city well and water tower to be constructed by the City. After the park land is dedicated, the City Parks and Trails Commission will begin work on park design. This design will likely happen in conjunction with the design of the well and water tower. The Pulte plans show a concept for how the park land could be developed, but this design has not be approved by the City. The submittal materials did not include a calculation for the trail easement area. This is included as a condition of approval so that the final cash-in-lieu of land portion of the park dedication can be calculated. The plans must be revised to address the preliminary requirement that the sidewalk on 103rd Ave. be extended the entire length of the street to connect to 102nd Place adjacent to the park. Trails will be maintained by the City according to City trail policy and sidewalks will be maintained by the HOA or homeowners. The applicant must provide the trail easement in recordable form for City review and approval. The applicant must provide a deed for the City park for review and approval by the City. Amberley and Bellwether 6th Final PUD Development Plan (city file 21-037) 4 October 7, 2021 The City should accept park dedication in the form of land where shown on the maps. The City may accept cash-in-lieu of land if park dedication requirements are not met by the land dedication. The park dedication requirements will be satisfied with a combination of park land dedication (park and trail easement) plus cash-in-lieu of fees. Park dedication will be based on the park dedication fee in place at the time the plat is released for filing. Final Plat The applicant is requesting approval of a final plat for 87 lots and seven outlots. The final plat is consistent with the approved preliminary plat. The final plat requires City Council review only. Conclusion Staff finds that the proposed plan is consistent with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and preliminary PUD approvals. The staff report noted the outstanding issues that must be addressed and staff has included conditions in the attached resolution to address these issues. 4. Recommendation Move to recommend approval of the final PUD development plan, subject to the conditions in the draft resolution. Attachments 1. Draft Resolution approving final PUD development plan 2. City engineer’s memo dated September 29, 2021 3. Location map 4. Applicant’s narrative dated July 23, 2021 5. Final PUD Development exhibits dated August 19, 2021 6. Grading Plans dated September 17, 2021 7. Final Plat dated September 17, 2021 City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 1 of 7 Motion By: Seconded By: APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR “AMBERLEY 1ST ADDITION” AND “BELLWETHER 6TH ADDITION” (PID 01-119-23-34-0002) (CITY FILE NO. 21-037) WHEREAS, Pulte Homes of Minnesota, LLC (“the applicant”) has requested approval of a final PUD (planned unit development) plan for ““Amberley 1st Addition” and “Bellwether 6th Addition” for 87 new residential lots and seven outlots on property legally described as: See Attachment A WHEREAS, the Planning Commission has reviewed the plan at a public meeting and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a final PUD development plan, subject to the following conditions: 1. A final PUD development plan is approved to create 87 lots and seven outlots for “Amberley 1st Addition” and “Bellwether 6th Addition”, in accordance with the plans and application received by the City on July 23, 2021 and additional information received on August 19, 2021, August 26, 2021 and September 17, 2021, except as amended by this resolution. 2. Approval is subject to the preliminary approvals (Resolutions 2021-81 and 2021-82). 3. The applicant shall comply with all requirements of the City Engineer’s memo dated September 29, 2021. 4. Lawn sprinklers/irrigation systems shall all have rain sensors to limit unnecessary watering. 5. The HOA shall be responsible for ensuring maintenance of: a. Landscaping and any irrigation in the medians/islands b. Landscaping and any irrigation in the common areas c. Wetland/pond buffer areas d. Stormwater ponds e. Sidewalks f. All common areas, including signage, lighting and landscaping in those areas. City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 2 of 7 6. PUD flexibility is granted to establish the following lot standards for this development: Amberley (Van Blaricom) PUD Bellwether PUD Minimum lot area 9,156 sq. ft. 5,000 sq. ft. Minimum lot width 65 feet 44 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet 100 feet Front, From all other streets 25 feet 20 feet Front Porch (≤ 120 sq. ft.) 15 feet 15 feet Side (living) 7.5 feet 5 feet Side (garage)** 7.5 feet 5 feet Rear 30 feet 20 feet Maximum Principal Building Height 35 feet 35 feet Minimum Driveway depth 22 feet 22 feet *Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2030 Roadway Functional Classification map in the 2030 Comprehensive Plan. (reduction from 100 feet to 60 feet per Section 1060.070, Subd.K) **Minimum separation between structures on adjacent parcels shall be 15 feet. 7. All garages must have a minimum 22-foot wide parking area between the garage and right-of-way that does not overlap into sidewalks, drives or streets. 8. Mechanical equipment (including air conditioning units) must be located in the side or rear yard. 9. Driveways may not encroach in the drainage and utility easements on the side yards. 10. Decks are required to meet all structure setbacks, except that Section 1050.010 requires a 15-foot structure setback from the wetland buffer, but allows patios and decks to encroach a maximum of 6 feet into this structure setback. 11. The following items must be addressed prior to release of the final plat for recording: a. The following documents must be provided by the applicant for review and approval by the City Attorney. The documents must be executed and recorded at Hennepin County: i. Stormwater Maintenance Agreement ii. Temporary Turnaround Easements for: 1. 102nd Place 2. 103rd Avenue 3. 104th Place 4. 105th Avenue iii. Maintenance and Encroachment agreements for landscaping in the public right-of-way iv. Homeowners Association documents City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 3 of 7 1. The Amberley HOA documents must be updated to remove references to “Hawthorne” when finalized. 2. The amendment for Bellwether 6th Addition must be provided. v. Trail Easement vi. Dedication of City Park land vii. Development Contract. b. Detailed plans for the landscape island, including all plant materials, mulch and irrigation method, must be provided for City review and approval. c. The house plan exhibit provided appears to show structures in Amberley 1st Addition that do not meet required setbacks and must be revised on: i. Lot 3, Block 2 ii. Lot 4, Block 1 iii. Lot 8, Block 3. d. A wetland buffer maintenance plan must be submitted for review and approval by the City. e. The site plan and grading plan must be revised show the wetland buffers and setbacks with the house pads. f. The wetland buffers monument locations must be revised to comply with City standards. g. Trails shall not be located in wetland buffer areas. Trails are required to comply with the 5-foot buffer setback. The plans appear to comply but the setback must be dimensioned on the plans. h. The applicant must provide a ghost plat for property to the west to ensure that the proposed street connection is feasible. The ghost plan does not grant nor imply any approval on the site. i. Woodland areas shown as preserved on the plans must be protected. i. Tree preservation fencing must be shown on the grading plan. ii. Tree protection fencing must be installed on site prior to beginning work. iii. The applicant must submit a new plan sheet that shows tree preservation and disturbed areas (grading, utilities and landscaping etc.). k. The sidewalk on 103rd Ave. shall extend the entire length of the street to connect to 102nd Place adjacent to the park. l. The final alignment of the trail through the proposed park be determined by the City as part of the final design. m. Park Dedication will be satisfied through contribution of land, pavement of trails, and cash-in-lieu of land, subject to the following conditions: i. The off-road trail shall be given park dedication for the 20-foot trail easement net area per the Park Dedication standards, City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 4 of 7 ii. The City will accept the net area of park and trail easement and the remainder as cash in lieu of land to satisfy park dedication requirements. iii. A trail shall be constructed on the south side of Stieg Road as part of the Stieg Road improvement project. No park dedication credit shall be given for this trail within the right-of-way. iv. Park dedication shall be the net area of the trail easement and City park and cash-in-lieu for the 87 lots in this phase. The park dedication fees will be calculated only when the developer provides final trail easement calculations. v. Park dedication shall be subject to park dedication fees in place when the final plat is released for recording. 12. The following items must be addressed prior to issuance of building permits: a. The applicant shall provide proof of recording the final plat and related documents at Hennepin County. b. The developer shall provide centralized mailbox locations. A mailbox plan shall be provided for City review and approval. c. The single family homes must comply with the standards in Section 1040.040, Subd. 8, except as specifically modified by this resolution. d. All Design Requirements for the RSF-3 district described in Section 1040.050 shall be met, except that PUD flexibility shall be provided to i. In the Bellwether development the garages on the 34-foot wide homes on the 44-foot and the 50-foot wide homes on the 60-foot lots may exceed more than 55 percent of the viewable ground floor street-facing linear building frontage. The 40-foot wide homes on the 50-foot lots shall comply with the garage standards. In exchange for this flexibility: 1. Garage door colors shall be compatible with the building colors. 2. Architectural elements shall be added above the garage to de- emphasize the garage doors where possible. 3. Garage doors shall be architecturally styled to match the exterior of the home. ii. Amberley homes shall comply with garage standards. iii. Allow flexibility from the standard that requires architectural upgrades to all four sides of the building for the Bellwether portion of the site only, based on the following conditions: 1. The applicant shall provide equal architectural treatment on the elevations of a home that face a public right-of-way or park at the locations shown in the exhibit titled “Architectural Design Flexibility Requested” (in the staff report). The applicant will be allowed City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 5 of 7 flexibility for materiality on those areas identified for “upgraded trim only”. For example, if three sides of the home face a public right-of- way or park, then equal architectural treatment shall be provided on those three sides of the building as at the level described in the exhibit and previously allowed in Bellwether. 2. The applicant shall provide staff with elevation details for all current home styles prior to submittal of the final PUD development plan. e. Building plans must provide elevations with colors, material details and percentages on the elevations to confirm compliance with ordinance standards. f. Trees shall be planted in the right-of-way for the 80-foot and the 60-foot streets (where there is room for the public infrastructure and the trees) but be placed outside of the right-of-way in the 50-foot wide streets. i. Trees must be planted prior to issuance of a certificate of occupancy for the adjacent home. g. No signage is proposed or approved for this phase. Any development signage requires a sign permit and must comply with the standards in Section 84 of the City Code. h. All permanent wetland buffer monument signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the Zoning Ordinance. i. Wetland signs shall be purchased from the City. ii. The final locations must be inspected and approved by City staff. iii. Monuments and signs shall be installed prior to approval of the building i. The development shall comply with the City’s requirements regarding fire access, fire protection and fire flow calculations, the location of fire hydrants, fire department connections and fire lane signage. j. Parking shall be permitted on one side of the local streets and shall be signed in accordance with city standards. k. All utility facilities shall be located underground. l. Barricades and signage indicating future extension shall be installed, consistent with Section 945.010, Subd. 19 of the Subdivision Ordinance. 13. Any request to for the City to inspect the required landscaping in order to reduce financial guarantees must be accompanied by recertification/verification of field inspection by the project Landscape Architect. A letter signed by the project Landscape Architect verifying plantings (including wetland and pond buffers) have been correctly installed in compliance with the plans and specifications will suffice. City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 6 of 7 VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this xx day of October 2021. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director City of Corcoran October xx, 2021 County of Hennepin State of Minnesota RESOLUTION NO. 2021-xx Page 7 of 7 Attachment A That part of the East Half of the Southwest Quarter of Section 1, Township 119, Range 23, Hennepin County, Minnesota lying southwesterly of a line described as follows: Commencing at the northwest corner of said Southwest Quarter; thence east along the north line of said Southwest Quarter, a distance of 1504.50 feet to the beginning of the line to be described; thence southeasterly along a tangential curve concave to the south having a radius of 593.55 feet and a central angle of 30 degrees 03 minutes 52 seconds, a distance of 311.45 feet; thence southeast tangent to said curve, a distance of 477.04 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of 10753.34 feet and a central angle of 2 degrees 39 minutes 53 seconds, a distance of 500.14 feet to the east line of said East Half of the Southwest Quarter and said line there terminating. Containing 74.57 acres. Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Overall Amberly and Amberly 1st Addition and Bellwether 6th Addition Plan Reviews Date: September 29, 2021 Exhibits: This Memorandum is based on a review of the following documents: 1. Density Exhibits (3) Amberly 1st Addition, prepared by Sathre-Bergquist, Inc. a. Amberly - Pre Development Density.pdf b. Amberly - Post Development Density.pdf c. Amberly - Met Council Density.pdf 2. Amberly Incomplete Items Folder Amberly 1st Addition, prepared by Sathre-Bergquist, Inc. a. Amberly - Signage & Lighting Exhibit.pdf b. BW 6TH - Amberly - Landscape Plan.pdf c. BW 6TH - Amberly - Tree Survey.pdf 3. Amberly 1st Addition Plans, prepared by Sathre-Bergquist, Inc., dated September 15th, 2021. 4. Bellwether 6th Addition Plans, prepared by Sathre-Bergquist, Inc., dated September 15th, 2021 5. Specifications for Amberly, prepared by Sathre-Bergquist, Inc., dated July 20th, 2021. 6. Alta/NSPS Land Title Survey, prepared by Sathre-Bergquist, Inc., dated February 15th, 2021 7. Bellwether 6th Addition Plat, prepared by Sathre-Bergquist, Inc., No date provided 8. Amberley 1st Addition Plat, prepared by Sathre-Bergquist Inc., No date provided 9. Van Blaricom Development – Stormwater Management Plan, prepared by AE2S, dated September 2021. 10. Bellwether Development – Stormwater Management Plan, prepared by AE2S, dated Updated September 2021. 11. Comment Response Letter, prepared by Sathre-Bergquist, Inc., dated September 17th, 2021. Overall Stormwater/Grading (to be addressed for early grading): 1. EOF’s for storm sewer from A29, A30 and B12 listed as high points in swale when in reality they will overtop north onto Steig Road. Label the EOF’s accordingly so it is clear on grading plan. 2. Top of berm west of Pond 1SW should be 1’ above EOF (927.1), September 29, 2021 Amberly Kevin Mattson Page 2 of 7 3. Raise roadway on 103rd Ave so that low point in the road is at least 3’ above the NWL of Pond 2SW to ensure it is above the HWL of the pond and the subbase is not below the NWL if additional sand is necessary. 4. All trails to be 1’ above HWL. o Pond 3SW HWL is elevation 923.7 after updates to hydrology. Therefore, the trail must be elevated to at least 924.7. It seems EOF has been adjusted on grading plans, but portions of the trail are still at 924.5 on the profile. Please elevate trail to no lower than 924.7 in this area. 5. Provide additional spot elevations at lot corners for lots on Northwood Ln adjacent to ponds 3SW and 4SW 6. Grading within the park shall be a 2% minimum. Area southeast of mitigated wetland #6 are less than 2%. 7. Grading along the west property line north of 104th Place and south of Wetland #1 appears to be trapped and does not drain. The high point at 927 between the northern most lot and second northern most lot does not have 2% drainage in either direction. 8. The homes to the NW of 103rd Ave between stations 21+50 and 23+00 have a 3:1 slope in the back yard from the rear of the pad itself. A small wall will be necessary to make this area 4:1 or flatter. Any wall shall be owned and maintained by the HOA or private residences. 9. Temporary drainage shall be identified on the grading plan for the lots south of Wetland 1 until that phase is constructed and permanent storm sewer is stubbed to this area. This may include temporary piping or ditching to divert water to the SE. 10. There is an extra 922 contour around ponds 3SW and 4SW on grading plan. 11. Grading plans shall include a note that temporary grading measures may be necessary at road low points. The contractor shall make adjustments as directed by the city in the field to ensure these areas drain properly and do not create erosion control issues with the site. 12. All drainage swales shall maintain a minimum of 2% slope and all slopes should be 4:1 or flatter. 13. Provide copy of NPDES Permit prior to any onsite disturbance activities. 14. Clearly show trees to be preserved on the grading plan and show protective fencing to be placed around trees to identify them for protection. General: 1. A written response letter from the engineer shall be provided with text explanation/clarifications for how all items were addressed. 2. Stormwater operation and maintenance agreement will be required at time of final plat approval. 3. LOMR-F process will need to be followed for those lots where floodplain boundary encroaches and does not correspond with finished grading. 4. The existing and proposed drainage and utility easements shown shall be clearly labeled on all plan drawings. The wetland buffer zones shall also be clearly identified and labeled. September 29, 2021 Amberly Kevin Mattson Page 3 of 7 5. Street lighting and signage locations shall be reviewed by public safety and comments will be provided. Plat: 1. Provide Drainage & Utility easement over entirety of Outlots. o If Outlot F is not deeded to the city, provide D&U easement. 2. Provide trail easements. 3. Provide easement for temporary cul-de-sacs. 4. Ghost plat should be provided to future lots west of 104th Place to ensure stub is in the correct location. 5. Provide additional easement for drainage swale on south side of Lot 9 Block 6. Provide additional easement for raw watermain at lot 17 block 2 to accommodate hydrant excavation. 7. Provide adequate easement from sanitary MH 37 to MH 38. 8. Provide adequate easement from sanitary MH 38 to MH 20. 9. Provide adequate easement for storm structures F2 to F3. 10. An encroachment agreement will be necessary for any privately owned infrastructure placed within the ROW or city held easement. These shall be clearly shown on the plans and shall have prior city approval before installation. Overall Stormwater/Grading: 1. Wetland 4 is proposed to outlet to the southeast via a piped outlet in the previous phases of Bellwether preliminary plat. The outlet should be installed with this phasing if stormwater will be directed to Wetland #4. Show EOF to Wetland 4. 2. Outlet to wetland #6 shall be installed as part of the 6th addition. 3. Irrigation reuse, if used on lots, should be used over the entirety of the lots and not just portions. 4. Details on irrigation reuse system shall be provided including backup water source, pumping system location, irrigation line locations, etc. 5. Water quality standards will be further reviewed by the Elm Creek Watershed. Any updates to the stormwater management plan shall be provided to the city. 6. Storm Sewer Comments o Pipe velocity should be a minimum of 3ft/s to maintain a self-cleaning velocity. B11-B12 is at less than 1ft/s. Please provide self-cleaning velocities and ensure pipe is not oversized as proposed. 21” seems large for draining single inlet. o Many inlet structures are receiving more than 2-2.5 cfs or exceeding 6 feet of spread in the street. Add additional inlets or adjust spacing to reduce spread to less than 6 feet for roadway inlets. Please note that bypassing flow does not allow exceeding spread requirements. o Provide Hydraulic Toolbox Calculations to verify spread calculation adjustments noted in storm sewer calculations. September 29, 2021 Amberly Kevin Mattson Page 4 of 7 7. Placement of fill within the park areas shall be compacted and documented in the areas adjacent to the proposed parking lot and water tower site. If unsuitable soils are encountered in these areas, it should be removed prior to placement of the fill. 8. Additional discussions shall be had with city staff on grading sideyards between slab on grade units to reduce slope at rear of lots. 9. All pedestrian ramps shall be ADA compliant and detailed designs shall be provided for all landings showing elevations in compliance with those requirements. 10. Provide slotted weir elevation on plan detail for 2SW. 11. Sheet 15 of 26 – Final Storm Sewer Plan still shows Wetland #2’s (WET-4 AE2S) BFE as 918.1 rather than 918.2. Please correct all inconsistencies. 12. Plans indicate inlet and outlet pipe to 3SW and 4SW are 15”, but modeling has them as 24”. Adjust model and/or plans to be consistent. 13. Provide documentation of MPCA Construction Stormwater Permit coverage prior to being authorized to perform any onsite activities. Comment response letter indicated this was already provided but was not found in submittal. SWPPP 1. A SWPPP in compliance with MPCA Construction Stormwater Permit is required for Bellwether 6th Addition/Amberly 1st Addition. Erosion control will be evaluated when SWPPP is provided. o Provide erosion blanket for all slopes 4:1 or steeper. o Inlet protection does not account for changes to storm sewer. See sheet 19 of 26 – Final Erosion Control plan. 2. Provide documentation of MPCA Construction Stormwater Permit coverage prior to being authorized to perform any onsite activities. Comment response letter indicated this was already provided but was not found in submittal. Transportation 1. It is anticipated that the Steig Road Improvements will be initiated with the 1st phase of development. 2. Show a road profile for 104th Place to west. It appears roadway and subsequent grading may need to be stopped short to allow for potential vertical curve for future development. 3. The following comments are specific to the Stieg Road overlay improvements memo by Pulte Homes dated August 12, 2021 a. We recommend that Braun intertech provide gradation tests on the existing gravel section to determine its suitability for reuse in its current condition or if the aggregate should be amended in any way. b. A pavement design (existing roadway section with proposed improvements) in accordance with the State Aid Design Manual should be used as the basis for the road section of Stieg Road to ensure the roadway is improved properly during the interim condition and does not become a maintenance liability. September 29, 2021 Amberly Kevin Mattson Page 5 of 7 c. Braun Intertec should provide a recommended subgrade design R-value for the existing subgrade to be used in these calculations. d. Westbound right and left turn lanes should be incorporated onto Steig Road at County Road 116 even if they are not to the full typical design length. e. Constructing the roadway over substandard soils and then overlaying fatigued pavement is not recommended as it is likely to prematurely fail over time and become a maintenance liability for the city. Any substandard soils should be addressed prior to paving and any failing pavement should be fully removed, the underlying cause of failure addressed and repaved. Bellwether 6th Addition: Transportation 1. All 28’ roads shall be signed no parking on one side of the roadway with no parking signs required within all cul-de-sacs. 2. Use of the trail for a secondary emergency access shall be coordinated with public safety. Breakaway bollards or other improvements will likely be necessary to delineate trail entrance. 3. Sidewalk along 103rd Ave just west of the park should be added back into the plan set. Hydrant in front of lot 10 block 1 should be rotated around the radius and be connected to 102nd place and be north of ped landing. Hydrant between lots 13 and 14 block 1 should be moved to approximate station 25+80 and stubbed to west side of road behind trail. Verify hydrant spacing is still met for all homes. 4. Eliminate grade breaks in trail profile and use vertical curves for bituminous trail design. 5. Trail ped ramps at intersection of 103rd avenue and 102nd place to line up and drive access will be finalized with park plan in future. General/Site Plans 1. Services shall be provided to the park for water, sanitary sewer, telecommunications, gas, electric and all other small utilities for future park amenities. Watermain/Sanitary Sewer 1. The trunk watermain should be stubbed to the southwest of the site along the same alignment as the trunk sanitary sewer and raw water line. 2. Directionally drilled watermain should be fused PVC so material is consistent. Contact city for specifications used in previous projects. 3. Hydrant spacing to be reviewed by public safety. 4. Hydrant near station 31+00 on 102nd Place to be on west side of street. 5. Plans should show 30” sewer to the southwestern endpoint at property line. 6. Sanitary sewer alignment from MH T24 to stub west of 104th place to be at minimum grade allowed per ten states standards. September 29, 2021 Amberly Kevin Mattson Page 6 of 7 7. Revise risers on 103rd avenue to appear correctly. 8. All trunk sanitary sewer shall be C-900 with ductile tees and services a. DIP to PVC transition bend shall be used at end of riser. End of riser to building connection shall be schedule 40 PVC 9. Electrical utility layout shall accommodate 480V, three-phase power being provided to the well site (the water tower only requires single phase, 120/240V) 10. Raw water line should be drilled through Wetland 4 on Sheet 10 to ensure the backyards are not dug up during a future phase. 11. Directionally drilled watermain should be fused PVC so material is consistent. Pipe shall be a fused C900 PVC. City can share specifications for recently completed city project with the material. 12. Between sanitary manholes T23-T25 the newly aligned watermain should be 10’ from the southern D&U easement boundary. 13. Raw water line along west of Pond 1SW and to the north may conflict with trees to be saved. Line may need to be moved east and additional easement provided or line should be directionally bored to avoid conflict. Stormwater 1. Draintile for sumps to be connected to storm structures. o Revise outlet for draintile at lots 23 to 26 Block 2 to outlet next to FES E1 2. Sumps will be required in all storm structures with drops of 18” or greater as well as the last accessible structures prior to stormwater basins. Add sumps to the following structures: o CBMH D6 2. Clarify storm sewer grade from D7 to D6. Plan and profile views are conflicting. 3. Top of casting elevations for OCS K7 do not match on the profile view and detail, revise. 4. Several storm structures appear to be below grade in the profile views, verify top of casting elevations are correct. 5. Draintile cleanouts to be located at property lines where feasibile. 6. Show all watermain crossings in profile view, insulate crossings with 18” or less separation. Possible conflicts at the following structures: o J3 o D3 o E7 to E6 Amberley 1st Addition: Transportation 1. Transportation improvements outside of plat boundary are anticipated to be a City-led project. If so, the developer shall establish an escrow prior to the project being designed and publicly bid. September 29, 2021 Amberly Kevin Mattson Page 7 of 7 Watermain/Sanitary Sewer 1. Provide valve at stub north of Stieg Road. Stub to be 12” 2. Hydrant spacing to be reviewed by public safety. a. Hydrant required along Stieg Road. 3. 12” watermain to be stubbed to NW corner of property (future phase) 4. Outside drop required for MH 20. 5. It is recommended that utilities extended past the end of the temporary cul-de-sacs to avoid issues with future connections. 6. Provide insulation for all storm sewer crossing with 18” or less separation. 7. Provide adequate easement from MH 38 to MH 20. 8. Raw water line along Stieg Road will be required to be installed with this phase. 9. At the NW corner of the development, the 90 degree bend should be a sweeping bend with the hydrant tee to the west along the southern leg of the bend. Stormwater 1. Sumps will be required in all storm structures with drops of 18” or greater as well as the last accessible structures prior to stormwater basins. Provide sumps for the following structures: o CBMH B6 2. Revise rim elevation of CBMH B16 3. TC elevation of OCS K2 in profile does not match detail, revise. 4. Show all watermain crossings in profile views. 5. Extend storm sewer to rear yards of lots 7 to 2 block 1 for drain tile sump connections. Drain tile shall not outlet directly to pond. End of Comments Hennepin County Property Map Date: 9/30/2021 Comments: 1 inch = 800 feet PARCEL ID: 0111923340002 OWNER NAME: Pulte Homes Of Minnesota Llc PARCEL ADDRESS: 52 Address Unassigned, Corcoran MN 00000 PARCEL AREA: 73.48 acres, 3,200,593 sq ft A-T-B: Abstract SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2020, PAYABLE 2021 PROPERTY TYPE: Farm HOMESTEAD: Non-Homestead MARKET VALUE: $467,500 TAX TOTAL: $5,017.60 ASSESSED 2021, PAYABLE 2022 PROPERTY TYPE: Farm HOMESTEAD: Non-homestead MARKET VALUE: $471,600 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2021 1 We Build Consumer Inspired Homes and Communities to Make Lives Better “AMBERLEY & BELLWETHER” APPLICATION FOR: Final Plat PUD CORCORAN, MINNESOTA July 23, 2021 Introduction The Pulte Group (“Pulte”) is pleased to be submitting this application. Pulte’s company vision is “Building Consumer Inspired Homes and Communities to Make Lives Better”. We are a reputable homebuilder with corporate offices in Atlanta, Georgia. We currently operate under three distinct brands of homebuilding throughout the country: Pulte Homes, Centex Homes, and Del Webb. Pulte’s Minnesota Division has an office in Eden Prairie and will build about 700 homes in the Twin Cities in 2021 under the Pulte Homes and Del Webb brands. Pulte will act as both developer of the property and builder of the homes. The primary contacts for Pulte are: Paul Heuer, Director of Land Planning & Entitlement Dean Lotter, Manager of Land Planning and Entitlement 7500 Flying Cloud Drive, Suite 670 Eden Prairie, MN 55344 The owners of the properties are: Claudia Taylor for Van Blaricom Trust 415 City View Drive Minnetonka, MN 55305 The Property Van Blaricom: 01-119-23-34-0002 2 Key Facts • Lots o Van Blaricom property i. Bellwether 6th lots (44’, 50’, 60’) 62 ii. Amberley 1st (65’) 25 iii. Total 87 • Comp Plan Guidance is Low Density Residential • Proposed zoning is PUD • Key property areas: o Gross area – Van Blaricom 74.58 ac o Gross density 2.5 units/ac o Wetlands 6.11 ac o Stieg Road ROW 1.12 ac o Well Site 0.18 ac o Watertower Site 0.74 ac o Net developable area 66.41 ac • Minimum home setbacks for Bellwether – southern portion of Van Blaricom property o 20 feet front o 5 feet and 5 feet side o 20 feet rear o 22 feet driveway • Minimum home setbacks for single family - northern portion of Van Blaricom Property o 25 feet front o 7.5 feet and 7.5 feet side o 30 feet rear Parks and Trails Park Dedication Land - When Bellwether was approved, we preserved nearly 9 acres of hardwood forest. We also dedicated 4.33 acres of upland for a future neighborhood/community park as outlined in the City Comprehensive Plan. During the approval process, we were instructed to plan for additional dedication on the Van Blaricom property. Our Van Blaricom site plan shows this additional upland park dedication of 6.52 net acres to complete the neighborhood/community park. This park land will partially fulfill our park dedication requirements. Trail – There is one main trail that in the Van Blaricom site. This trail picks up where the first segment of this trail left off at the park in Bellwether. Providing full connectivity throughout the entire Bellwether neighborhood, this trail meanders up through the west side of the Van Blaricom property, ultimately connecting to Steig Road. Trail easement – This easement is 0.85 acres. This trail easement will also act as a credit to park dedication fees. Park dedication fee – Corcoran’s park dedication ordinance requires 15% of the developable land in park dedication in the form of land and/or park dedication fee. We determine that the in 3 order to meet the City’s ordinance, we will need to dedicate some land and also pay a fee minus credits for the trail and the trail easement. This table shows the Gross Area (Van Blaricom) 3,248,527 sf 74.58 acres Total Wetland Area 266,365 sf 6.11 acres Stieg Road ROW 48,916 sf 1.12 acres Well Site 7,854 sf 0.18 acres Water Tower Site 32,400 sf 0.74 acres Net Development Area 2,892,991 sf 66.41 acres Park Dedication at 15% 433,949 sf 9.96 acres Gross Park area (+well/tower) 354,915 sf 8.15 acres Trail Easement (outside park) 36,853 sf 0.85 acres Wetland Area (Park) 67,296 sf 1.54 acres Well Site 7,854 sf 0.18 acres Water Tower Site 32,400 sf 0.74 acres Net Park Dedication Area 284,218 sf 6.52 acres Park Dedication Deficit 149,730 sf 3.44 acres Our Homes Pulte is known for the extraordinary steps that we take to ensure that we are designing and building homes that meet the needs and desires of home buyers. We continually reach out to the public and Pulte homeowners to get feedback to improve our home designs. We call this Life Tested®. Through this intensive process, we have conceived of and incorporated many innovative home design features such as the Pulte Planning Center, Everyday Entry, Super Laundry, Oversized Pantry, and the Owner’s Retreat. This exhaustive process has played a major part in Pulte’s success in “Building Consumer Inspired Homes and Communities to Make Lives Better.” 4 Northern Van Blaricom – Amberley Amberley will be the name of the single-family neighborhood on the northern portion of the Van Blaricom property. We will build 25 of the 74 homes on 65-foot lots with this addition. The single-family homes will consist of the following floor plans: 1. Baldwin a. 2,459 square feet excluding the basement b. 4 bedrooms / 2.5 bathrooms c. Two-story d. 48 feet wide by 38 feet deep home e. Anticipated sales price in the range of low to high $400k’s 2. Greenfield a. 2,609 square feet excluding the basement b. 4 bedrooms / 2.5 bathrooms c. Two-story d. 48 feet wide by 42 feet deep home e. Anticipated sales price in the range of low to high $400k’s 3. Hilltop a. 2,900 square feet excluding the basement b. 4 bedrooms / 2.5 bathrooms c. Two-story d. 48 feet wide by 46 feet deep home e. Anticipated sales price in the range of low $400k’s to low $500k’s 4. Riverton a. 3,126 square feet excluding the basement b. 4 bedrooms / 2.5 bathrooms c. Two-story d. 48 feet wide by 46 feet deep home e. Anticipated sales price in the range of mid $400k’s to mid $500k’s 5. Westchester a. 3,300 square feet excluding the basement b. 4 bedrooms / 2.5 bathrooms c. Two-story d. 48 feet wide by 48 feet deep home e. Anticipated sales price in the range of mid $400k’s to high $500k’s Southern Van Blaricom – Bellwether The homes in the Bellwether extension will be identical to the homes approved by the City with the original Bellwether application and built thereafter within the neighborhood. We offer our updated and popular Del Webb floor plans. Buyers can choose from different product lines of homes with varying sizes, prices, and views/locations. All floor plans will offer five different options for architectural facades and will offer various structural options. We plan to build 62 homes in this phase. 44-Foot Wide Lots The homes built on the 44-foot wide lots are 34-feet wide and range in size from 1,300 to 1,700 square feet. There are three different floor plans to choose from. These smaller floor plans are very popular for singles/widows/widowers in our active adult neighborhoods. They typically have 5 two bedrooms and a two-car garage and are built slab on grade (no basements). Valuations of these homes start in the mid $300k’s. 50-Foot Wide Lots The homes built on the 50-foot wide lots are 40-feet wide and range in size from 1,680 to 1,960 square feet (excluding basements). There are four different floor plans to choose from. These homes are typically the largest selling homes in our active adult neighborhoods across the country. The homes typically have two bedrooms and a two-car garage but are versatile and can offer many options such as a third bedroom, a bonus room, and/or a finished basement. Valuations of these homes start in the low $400k’s. 60-Foot Wide Lots The homes built on the 60-foot lots are a similar product line as for the 50-foot wide lots. However, all of homes have basements and three-car garages. Roof pitches are increased to provide an additional level of architectural distinction. These homes are 50 feet wide. The lots are in the premium locations with the most attractive views. Valuations of these homes start in the mid $400k’s. Architecture During the 2018 Bellwether approvals, we worked closely with City staff on our architecture. The agreed upon approach was to provide different patterns and/or materials on front elevations. For instance, stone was included on all front elevations. Siding material was vinyl. In high visibility areas, we upgraded rear elevations to include window trim and side elevations to include a banding board and different colors or materials above and below the banding board. With this application, we are continuing with the same design approach for both Bellwether and Amberley. Please see the attached elevations and architectural upgrade map. This submittal includes: • This narrative • Application • Application fees totaling $12,310 o Final PUD $400 & $5,000 escrow = $5,400 o Final Plan $500 & $5,000 escrow = $5,500 o Bellwether 6th – (62 lots + 6 outlots) x $15 = $1,020 o Amberley – (25 lots + 1 outlot) x $15 = $390 • Final Plat/PUD Package – plat, engineering, landscape • Architectural Drawings SHEET 1 OF 2 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLAKNOW ALL PERSONS BY THESE PRESENTS: That Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, owner of the following described property situated in the State of Minnesota, County ofHennepin, to wit:OUTLOT A, BELLWETHER 6TH ADDITION.Has caused the same to be surveyed and platted as AMBERLY and does hereby dedicate to the public for public use the public ways and the easements for drainage and utility purposes as created by this plat.In witness whereof said Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 2021.Signed: Pulte Homes of Minnesota, LLCJamie Tharp, Chief ManagerSTATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 2021, by Jamie Tharp, Chief Manager of Pulte Homes of Minnesota, LLC, a Minnesota limited liabilitycompany, on behalf of the company.My Commission Expires: Notary Public, County, Minnesota (Signature) (Notary Printed Name)SURVEYORS CERTIFICATEI Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands,as defined by Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 2021.Daniel L. Schmidt, Licensed Land SurveyorMinnesota License No. 26147STATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this day of , 2021, by Daniel L. Schmidt.My Commission Expires: Notary Public, Hennepin County, Minnesota (Signature) (Notary Printed Name)CITY COUNCIL, CITY OF CORCORAN, MINNESOTAThis plat of AMBERLY was approved and accepted by the City Council of the City of Corcoran, Minnesota at a regular meeting held this day of , 2021, and said plat is in compliancewith the provisions of Minnesota Statutes, Section 505.03, Subd. 2.City Council, City of Corcoran, MinnesotaBy:, Mayor By:, ClerkRESIDENT AND REAL ESTATE SERVICESHennepin County, MinnesotaI hereby certify that taxes payable in and prior years have been paid for land described on this plat, dated this day of, 2021.Mark V. Chapin, County Auditor By: , DeputySURVEY DIVISIONHennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 2021.Chris F. Mavis, County SurveyorBy: COUNTY RECORDERHennepin County, MinnesotaI hereby certify that the within plat of AMBERLY was recorded in this office this day of , 2021, at o'clock M.Amber Bougie, County RecorderBy:, Deputy C.R. DOC. NO._________AMBERLY STEIG ROADΔΔΔ32ΔΔΔΔΔΔΔΔΔΔ145678Δ34Δ5732168ΔΔ ΔΔΔΔΔ Δ132Δ ΔΔΔΔ ΔΔ87694 OUTLOT AKEN W O O D Δ 105TH AVENUE21LAN E104TH P L A C E5 0SCALE IN FEET50 2525 50100The basis for the bearing system is the East line ofthe East Half of the Southwest Quarter of Section 1,Township 119, Range 23 and is assumed to bearSouth 01 degrees 11 minutes 45 seconds WestDenotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147.Denotes a 1/2 inch pipe found and marked by LicenseNo. 26147, unless shown otherwise.SHEET 2 OF 2 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTHNOT TO SCALE10 55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and Being10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: C.R. DOC. NO._________AMBERLY SITESHEET 1 OF 4 SHEETSBELLWETHER 6TH ADDITIONSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLAKNOW ALL PERSONS BY THESE PRESENTS: That Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, owner of the following described property situated in the State of Minnesota, County ofHennepin, to wit:That part of the East Half of the Southwest Quarter of Section 1, Township 119, Range 23, Hennepin County, Minnesota lying southwesterly of a line described as follows:Commencing at the northwest corner of said Southwest Quarter; thence east along the north line of said Southwest Quarter, a distance of 1504.50 feet to the beginning of the line to be described; thencesoutheasterly along a tangential curve concave to the south having a radius of 593.55 feet and a central angle of 30 degrees 03 minutes 52 seconds, a distance of 311.45 feet; thence southeast tangent to said curve, adistance of 477.04 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of 10753.34 feet and a central angle of 2 degrees 39 minutes 53 seconds, a distance of 500.14 feet to theeast line of said East Half of the Southwest Quarter and said line there terminating. Containing 74.57 acres.Has caused the same to be surveyed and platted as BELLWETHER 6TH ADDITION and does hereby dedicate to the public for public use the public ways and the easements for drainage and utility purposes as created by this plat.In witness whereof said PulteHomes of Minnesota, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 2021.Signed: Pulte Homes of Minnesota, LLCJamie Tharp, Chief ManagerSTATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 2021, by Jamie Tharp, Chief Manager of Pulte Homes of Minnesota, LLC, a Minnesota limited liabilitycompany, on behalf of the company.My Commission Expires:Notary Public, County, Minnesota (Signature) (Notary Printed Name)SURVEYORS CERTIFICATEI Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundarysurvey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined byMinnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 2021.Daniel L. Schmidt, Licensed Land SurveyorMinnesota License No. 26147STATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this day of , 2021, by Daniel L. Schmidt.My Commission Expires:Notary Public, Hennepin County, Minnesota (Signature) (Notary Printed Name)CITY COUNCIL, CITY OF CORCORAN, MINNESOTAThis plat of BELLWETHER 6TH ADDITION was approved and accepted by the City Council of the City of Corcoran, Minnesota at a regular meeting held this day of , 2021, and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.City Council, City of Corcoran, MinnesotaBy:, Mayor By:, ClerkRESIDENT AND REAL ESTATE SERVICESHennepin County, MinnesotaI hereby certify that taxes payable in and prior years have been paid for land described on this plat, dated this day of, 2021.Mark V. Chapin, County Auditor By: , DeputySURVEY DIVISIONHennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 2021.Chris F. Mavis, County SurveyorBy: COUNTY RECORDERHennepin County, MinnesotaI hereby certify that the within plat of BELLWETHER 6TH ADDITION was recorded in this office this day of , 2021, at o'clock M.Amber Bougie, County RecorderBy:, DeputyC.R. DOC. NO._____________NORTH SECTION BREAKDOWNSECTION 1, TOWNSHIP 119, RANGE 23NO SCALEThe basis for the bearing system is the East line ofthe East Half of the Southwest Quarter of Section 1,Township 119, Range 23 and is assumed to bearSouth 01 degrees 11 minutes 45 seconds WestDenotes a Found Cast-Iron-Monument OUTLOT EOUTLOT DSTEIG ROADSTEIG ROAD OUTLOT CINSET B(SEE SHEET 4 OF 4 SHEETS)INSET A(SEE SHEET 3 OF 4 SHEETS)Δ Δ Δ Δ Δ ΔΔΔΔ ΔΔΔ Δ Δ ΔOUTLOT B∆OUTLOT FOUTLOT A0SCALE IN FEET100 5050 100200The basis for the bearing system is the East line ofthe East Half of the Southwest Quarter of Section 1,Township 119, Range 23 and is assumed to bearSouth 01 degrees 11 minutes 45 seconds WestDenotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147.Denotes a 1/2 inch pipe found and marked as shown.Denotes a Found Cast-Iron-MonumentDenotes a PK Nail set and marked by License No.26147.SHEET 2 OF 4 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANO R T H BELLWETHER 6TH ADDITIONC.R. DOC. NO._____________ 1564321345671210151413114ΔΔΔΔ Δ Δ Δ Δ Δ Δ Δ Δ ΔΔΔΔΔΔΔΔΔΔΔ Δ Δ Δ ΔΔΔ1Δ ΔΔ8219Δ103RD AVENUE102 N D P L ACE0SCALE IN FEET50 2525 50100The basis for the bearing system is the East line ofthe East Half of the Southwest Quarter of Section 1,Township 119, Range 23 and is assumed to bearSouth 01 degrees 11 minutes 45 seconds WestDenotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147.NOT TO SCALE10 55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and 10 feet in width and adjoining right of way lines,unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:INSET A C.R. DOC. NO._____________SHEET 3 OF 4 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTHBELLWETHER 6TH ADDITION 291016111712181325142415292627283023222120192374859110687651234ΔΔ Δ Δ ΔΔΔΔΔ ΔΔΔ Δ Δ Δ ΔΔΔΔΔΔ Δ ΔΔΔ Δ ΔΔΔΔΔΔΔΔΔ ΔΔΔΔΔ Δ ΔΔΔ Δ ΔΔΔ ΔΔΔ102 NDPLACEC O U R T 3ΔΔΔΔΔΔΔ ΔΔΔ32211ΔM U L B E R R Y 102ND PLACE103RD AV E N U E ΔΔThe basis for the bearing system is the East line ofthe East Half of the Southwest Quarter of Section 1,Township 119, Range 23 and is assumed to bearSouth 01 degrees 11 minutes 45 seconds WestNOT TO SCALE10 55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and 10 feet in width and adjoining right of way lines,unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:INSET BSHEET 4 OF 4 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANO R T H0SCALE IN FEET50 2525 50100BELLWETHER 6TH ADDITIONC.R. DOC. NO._____________(SEE SHEET 2 OF 4 SHEETS)Denotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147. Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 MEMORANDUM 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net DATE September 15, 2021 TO Brad Martens CC City Council, Planning Commission, Parks & Trails Commission FROM Kendra Lindahl, City Planner RE Active Corcoran Planning Applications Projects/Comments in blue italics are new The following is a summary of project status for current, active projects: 1.Request for Rezoning, Site Plan, Conditional Use Permit and Variance for Garages Too, LLC at 224010 Highway 55 (PID 32-119-23-44-0001) (city file 21-016). The applicant has requested approval to allow a mini storage/self-storage facility on the property. The City Council reviewed a concept plan earlier this year and indicated support. The application was reviewed at a Public Hearing at the August 5th Planning Commission and is scheduled for Council action on September 23rd. 2.Vacation of Cain Road ROW (city file 21-022). The City Council voted to commence the vacation process as requested by Michael Galbraith to remove an easement containing an unimproved portion of Cain Road adjacent to his property at 20700 70th Avenue. The item was reviewed at the August 12th meeting, but did not have a 4/5 vote and will be brought back to Council at a future date when a full City Council is available. 3.Sign Ordinance Amendment (city file 21-027). The City Council directed staff to prepare an update to the sign ordinance regarding campaign signs. The ordinance was reviewed at the August 26th City Council meeting and is expected to be adopted on September 23rd. 4.Preliminary Plat for “Bechtold Farm” at 10165 Bechtold Road (PID 05-119-23-44-0001 and 0811923110007) (city file no. 21-030). Skies Limit LLC has requested approval of a preliminary plat to create 12 lots on 115.61 acres. The item is currently incomplete and will be scheduled for meetings upon receipt of a complete application. 5.Amendments to the text of Chapter 82 (Nuisances) of the City Code (city file no. 21-032). At the June 10th meeting, Council directed staff to prepare amendments to ease storage restrictions from RVs, firewood and lots with more than one street frontage. The Council reviewed a draft ordinance amendment prepared by staff and the City Attorney. City Council directed staff to proceed with the draft ordinance with to allow a 25-foot front yard setback for up to two recreational vehicles in addition to modifying the language to also allow personal recreational vehicles and unoccupied trailers in the front yard. Staff was directed to proceed with a Public Hearing which is scheduled for the September 23rd meeting. 6.Kariniemi Sketch Plan for 23185 County Road 10 (PID 18-119-23-11-0002) (city file no. 21-033). The applicant has requested Council feedback on a concept to reguide/rezone part of the property from residential to commercial to create a mix of commercial and residential lots. This item was reviewed by the Council at the August 26th meeting, but the applicant has a new plan that will be presented at the September 23rd meeting. Agenda Item 7a. MEMORANDUM 2 7. Zoning Ordinance Amendment for Assembly Uses (city file 21-034). At the June 24th meeting, the City Council discussed removing assembly uses in low residential zoning districts within the MUSA. Staff was directed to proceed with a Public Hearing. The item was tabled at the August 5th Planning Commission meeting to September 2nd and two alternatives were presented for consideration. The Planning Commission tabled the item to the October 7th meeting. The item could then be placed on the October 28th City Council meeting. 8. Final Plat and PUD Final Plan for “Tavera 2nd Addition” (PID 35-119-23-41-0001 and 35-119-23- 41-0002) (city file no. 21-036). The final plat for phase 2 includes 46 single family homes. The application was reviewed by the Planning Commission on September 2nd and is scheduled for City Council action on September 23rd. 9. Final Plat and PUD Final Plan for “Amberley 1st Addition” and “Bellwether 6th Addition” (PID 01-119-23-34-0002) (city file no. 21-037). The application is for 62 lots in Bellwether 6th and 25 lots in Amberley 1st Addition. The application is scheduled for Planning Commission review on October 7th and City Council action on October 14th. 10. Certificate of Compliance for a Solar Array for Jonathon Stegbauer at 6697 Primrose Court (PID 36-119-23-13-0102) (City file no. 21-039). This item is being reviewed for completeness. The item may be administratively approved. 11. Allowed Home Occupation for Haxton Enterprises LLC DBA David's Lawn Service at 9800 Lily Pond Lane (PID 10-119-23-23-0014) (city file no. 21-040). The applicant has submitted a request for an allowed home occupation with no employees coming to the home. This is in response to a code enforcement complaint. Staff is reviewing for completeness. The item may be administratively approved. 12. Zoning Ordinance Amendment to update the Non-Conformities Section (city file no. 21-041). This is a City initiated effort to bring Section 1030.010 (Non-Conforming Buildings, Structures, Uses and Lots) of the Zoning Ordinance into compliance with State Statutes. This item is tentatively scheduled for a public hearing at the October 7th Planning Commission and action at the October 28th City Council meeting. The following projects were recently acted upon and will be closed out: 1. Conditional Use Permit for Accessory Building Sidewall Height at 6805 Rolling Hills Road (PID 32-119-23-11-0002) (city file 21-018). The applicant is requesting approval to exceed the sidewall height on a new accessory building in the rear yard. This item was reviewed at a public hearing at the June 3rd Planning Commission meeting where questions were raised about the section of the Zoning Ordinance regarding accessory buildings. This item was been placed on hold while the City considered a Zoning Ordinance text amendment. The Council approved this requested at the August 26th meeting. 2. Zoning Ordinance Amendment (city file no. 21-029). Staff is requesting that the City Council consider a text amendment to Section 1030.020 of the Zoning Ordinance regarding accessory structures. The ordinance was amended in 2011 to allow landowners to apply for a conditional use permit to exceed the sidewall height for all properties regardless of parcel size. As part of the review of a recent application by Dave Dornsbach, the City Attorney was asked to review the ordinance and recommends changes before acting on the landowner request. The Planning Commission held a public hearing at the August 5th Planning Commission and the City Council approved the item at the August 26th meeting. 3. Final Plat for “Gordon’s Country Estates First Addition” at 19701 Jackie Lane and 19717 Jackie Lane (PID 01-119-23-22-0024 and 01-119-23-22-0021) (city file no. 21-038). The final plat adjusts the lot line between two existing parcels and was approved by the City Council on August 26th. Agenda Item: 7b. Page 1 of 2 CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 – Office 763.420.6056 – Fax E-mail - general@corcoranmn.gov / Web Site - www.corcoranmn.gov MEMO Meeting Date: To: From: Re: October 7, 2021 Planning Commission Jessica Beise, Administrative Services Director City Council Report The Planning Commission last met on September 2, 2021. The following is a recap of some of the items discussed at City Council meetings since that time. A full recap can be found by reviewing the approved City Council minutes on the website. September 9, 2021 Council Work Session • The City Council held a work session to discuss the draft 2022 budget and financial management plan. September 9, 2021 Council Meeting • Oath of Office – Dean Vehrenkamp o Jessica Beise issued the oath of office to new Councilmember Dean Vehrenkamp. • Police Officer Oath – Josh Lawson o Jessica Beise issued the police officer oath to Josh Lawson followed by his wife Lisa pinning on his badge. • Sergeant Promotion – Pete Ekenberg o Pete was recognized for his promotion as the first Sergeant ever for Corcoran. His wife Kelly pinned on the new badge. • Northeast Corcoran Water Project o Council approved the preliminary design of the northeast water supply project as presented; next steps will be to decide on the type of storage and location. • Commissioner Appointment Process o Staff was directed to move this conversation to the October 14th meeting Page 2 of 2 • Paving Petition – Park Trail Road o Directed staff to initiate a feasibility study to pave Park Trail Road • Stormwater Area Charge o Approved the proposal to study the establishment of a stormwater area charge for new development. • Job Description Update – Public Safety Administrative Manager o Approved the update as presented. • Potential Town Hall Meeting o Mayor McKee and Councilmember Vehrenkamp to meet and plan a draft agenda for consideration. September 23, 2021 Council Work Session • The City Council held a work session to discuss the fire service work plan. September 23, 2021 Council Meeting • Public Hearing – Amendment to Chapter 82 (Nuisances) of the City Code related to Outside Storage o The public hearing was held and minor amendments to the definitions of setbacks related to storage were adopted. • Garages Too Rezoning, Variance, Conditional Use Permit, Site Plan, Preliminary Plat o Garages Too was tabled at the request of the applicant. • Karinemi Sketch Plan o Council provided feedback on the concept plan. • Draft Solid Waste Collection Ordinance o Council provided feedback on an ordinance aimed at regulating garbage haulers to assist with organics recycling requirements. • City Park Water Connection o Council approved connecting the warming house to the City’s water supply. • Schedule Work Session – Water Supply Planning o Council schedule a water supply planning work session. Attachments: None