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HomeMy WebLinkAbout2023-10-05 Planning Commission Agenda Packet CITY OF CORCORAN Corcoran Planning Commission Agenda October 5, 2023 - 7:00 pm 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Minutes a. September 7, 2023, Regular Meeting Minutes* 6. New Business – Public Comment Opportunity a. Public Hearing. Accessory Structure Zoning Ordinance Amendment (City File No. 23-021) i. Staff Report ii. Open Public Hearing iii. Close Hearing iv. Commission Discussion & Recommendation b. Public Hearing. Minor Subdivision and Zoning Ordinance Edits (City File No. 23- 022) i. Staff Report ii. Open Public Hearing iii. Close Hearing iv. Commission Discussion & Recommendation HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 305 224 1968 US Enter Meeting ID: 816 0465 1656 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/81604651656 visit http://www.zoom.us and enter Meeting ID: 816 0465 1656 Participants can utilize the Raise Hand function to be recognized to speak during the Public Comment sections in the meeting. Participant video feeds will be muted. In-person comments will be received first, with the hybrid electronic means option following. For more information on options to provide www.corcoranmn.gov 7. Reports/Information a. Other Business b. Planning Project Update* c. City Council Report* – Council Liaison Schultz 8. Commissioner Liaison Calendar City Council Meetings 10/12/2023 10/26/2023 11/9/2023 11/20/2023(M) 12/18/2023 (M) 1/11/2024 Brummond Horn Lind Lanterman Van Den Einde Brummond 9. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. CITY OF CORCORAN Corcoran Planning Commission Minutes August 3, 2023 - 7:00 pm The Corcoran Planning Commission met on August 3, 2023, in Corcoran, Minnesota. Four Planning Commissioners were present in the Council Chambers. 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 Lanterman, Brummond, Horn, and Van Den Einde. Also present: Planner Davis McKeown, Planner Lindahl, and Council Liaison Vehrenkamp. Absent: Commissioner Lind. 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval Motion made by Brummond, seconded by Horn, to approve the agenda for the September 7, 2023, Planning Commission meeting. Voting Aye: Lanterman, Brummond, Horn, Van Den Einde. 4. Open Forum (none) 5. Minutes Motion made by Brummond, seconded by Horn, to approve the August 2, 2023, Planning Commission Minutes. Voting Aye: Lanterman, Brummond, Horn, and Van Den Einde. (Motion passed 4:0) 6. New Business – Public Comment Opportunity a. Public Hearing. Red Barn Pet Retreat. (City File No. 23-008) i. Staff Report – Staff Report presented by Planner Lindahl. ii. Public Hearing 1. Mike Cannon, 10390 Elm Lane, spoke about his proximity to the subject property, his preference to this type of land use compared to the guided use of light-industrial, and the general support from his neighbors for this project. 2. Leslie Byrne, 10378 Elm Lane, discussed being a customer of Red Barn Pet Retreat, the care provided by the business, the low audible volume from the dogs, and preference of this type of land use over light industrial. 3. Stephanie Walvatne, 6281 Juneau Ct N, Maple Grove, spoke about her colleague’s experience being a neighbor to the current Red Barn Pet Retreat location, and the effectiveness of their no-bark policy. 4. Pat O’Brien, 9927 Garden Lane, spoke about being a patron for Red Barn Pet Retreat, being impressed with their no-bark policy, and recommended the business. 5. Sheryl Larely, 20100 Meister Road, discussed her dog’s enjoyment going to Red Barn Pet Retreat and wanting others to enjoy a similar experience. Motion made by Horn, seconded by Brummond, to close the Public Hearing. Voting aye: Lanterman, Brummond, Horn, and Van Den Einde. (Motion passed 4:0) iii.Commission Discussion & Recommendation – The Commission Discussion included a question to the applicant regarding future development of the site as it relates to subdividing lot 1 versus developing on Outlot A. The applicant, Daniel Benjamin, spoke about the future development of Outlot A; future development of Red Barn Vet Retreat and a possible nursery on Outlot A. The continued discussion from the Commission included a question about the process for developing Outlot A; clarification that this project would not extend the northside trail along Steig Road from Elm Lane to County Road 101; the C-2 district making sense next to a residential district; using building size for the tree requirement calculations rather than lot size; clarification of requested building materials; building materials having an agricultural aesthetic; transitioning from an individual well to municipal services; clarification on parking islands; confirmation of a purchase agreement; municipal service requirement for new developments in the C-2 district; the economic nature of a variance request from the municipal service requirements; challenges of amending the water supply agreement with the City of Maple Grove; and establishing a 60-day time frame to transition to Corcoran water once available. Motion made by Lanterman, seconded by Van Den Einde, to recommend approval of the draft resolutions approving the Comprehensive Plan Amendment, the Findings of Fact, the Preliminary Plat, and the Conditional Use Permit for Red Barn Pet Retreat, with an added condition that the applicant will move to municipal water within 60 days of being available. Voting Aye: Lanterman, Brummond, Horn, and Van Einde. (Motion passed 4:0) b.Public Hearing. Sunram IUP (City File no. 23-015) i.Staff Report – Staff Report was presented by Planner Davis McKeown. ii.Public Hearing 1.John Dugan, 20415 County Road 50, discussed the applicant’s history of working at all hours of the day; the noise pollution caused from this operation, dirt and mud debris on County Road 50, the unsightliness of 40-foot stockpiles, and concerns of water drainage. Motion made by Lanterman, seconded by Brummond, to close the Public Hearing. Voting aye: Lanterman, Brummond, Horn, and Van Den Einde. (Motion passed 4:0) iii.Commission Discussion & Recommendation – Commission discussion included zoning and future land use of the property; clarification of what kind of vehicles are allowed to be stored on the property; clarification of the debris clean-up; comparing the Interim Use Permit to the grading permit; 25-foot setbacks in the Southwest corner; clarification on the history of complaints for this property; the enforcement ability of an Interim Use Permit; clarification of the address sign requirement; requiring additional landscaping to the west property line only; the definitive end point of a grading permit versus an ongoing use through an Interim Use Permit; amending the resolution to include a flat height limit of 35 feet; whether municipal service staging should or shouldn’t trigger the sunset clause; and other methods of revoking an Interim Use Permit. Motion made by Lanterman, seconded by Van Den Einde, to recommend approval of the draft resolution for an Interim Use Permit and a Site Plan application for Sunram Construction, with the added condition that the height of the piles not exceed 35 feet. Voting aye: Lanterman, Brummond, Horn, and Lind. (Motion passed 4:0) 7.Reports/Information a.Other Business - None b.Planning Project Update c. City Council Report* – City Council Report included a brief update on the water tower and water treatment facility projects; an update on the cannabis discussion and moratorium; and the Corcoran Country Daze at the Corcoran Lion’s Park. 8. Commissioner Liaison Calendar City Council Meetings 9/14/2023 9/28/2023 10/12/2023 10/26/2023 11/9/2023 11/20/2023(M) Lanterman Van Den Einde Brummond Horn Lind Lanterman 9. Adjournment Motion made by Lanterman, seconded by Horn, to adjourn the August 3, 2023, Planning Commission meeting. (Motion passed 4:0) The meeting adjourned at 8:36 pm. Page 1 of 3 STAFF REPORT Agenda Item 6a. Planning Commission Meeting: October 5, 2023 Prepared By: Dwight Klingbeil Topic: Zoning Ordinance Amendment to Section 1030.020 (City File No. 23-021) Action Required: Recommendation 60-Day Review Deadline: N/A 1. Request: On August 24, 2023, the City Council directed staff to prepare a Zoning Ordinance Amendment to Section 1030.020 of the Zoning Ordinance regarding eave and overhang flexibility for certain accessory structures. 2. Context: In August, Jay Brown met with Council and staff regarding a request to build a new accessory building on his property at 22355 Oakdale Drive. This property already has three detached accessory structures with 12-inch overhangs where a minimum of 24- inches would normally be required. These structures predate the adoption of Section 1030.020, Subd. 5(B) and are considered legal nonconforming structures. Part of Mr. Brown’s request was to construct the new accessory structure with eaves and overhangs that would match the legal nonconforming structures on his property. Council felt this request was appropriate as it would create a cohesive architectural style on the property. Council directed staff to propose an amendment to this section of the Zoning Ordinance to allow flexibility on the eave and overhang requirements to match legal-nonconforming structures on the same property. 3. Analysis: Currently, Section 1030.020, Subd. 5(B) requires all accessory structures to have a minimum eave length of 12 inches, and a minimum overhang length of 12 inches for sidewalls of less than 10 feet, 18 inches for sidewalls that are between 10 feet and 12 feet, and 24 inches for sidewalls that are more than 12 feet. Staff believes the adoption of this requirement was to ensure a residential aesthetic on all accessory buildings. Several accessory structures throughout the city predate the adoption of Section 1030.020, Subd. 5(B) and do not meet these standards, making them legal nonconforming structures. Under the current requirements, property owners are not allowed to construct a new accessory structure that matches an existing legal nonconforming structure on their property. Amending this section of the code would give Page 2 of 3 applicants the flexibility to create a cohesive and consistent architectural style on their property. Staff proposes the following verbiage to satisfy direction from the Council: Subd. 5. Building Height. A. Sidewall height shall be measured from the base of the structure to the bottom of the eave on the exterior sidewalls. B. The following sidewall heights, eaves, and overhang standards shall exist: Sidewall Height Eaves (minimum) Overhang (minimum) 10’ or less 12” 12” 10’ – 12’ 12” 18” 12’ –13’6” to provide for a 12’ door 12” 24” 1. The Zoning Administrator may provide flexibility from Section 1030.020 Subd.5(B) in situations where the new accessory structure matches an existing legal nonconforming accessory structure located on the same property. This amendment is only meant to apply for legal nonconforming structures that predate the adoption of Section 1030.020, Subd. 5. Flexibility would not be granted for applications to match illegal nonconforming structures. If amended, staff may be able to determine whether the existing building is a legal nonconforming structure through permit records and historical arial images. If this cannot be proven using these methods, the burden of proof to show the structure is legally nonconforming is on the applicant. Alternatively, staff feels it may also make logistical and practical sense to remove the current table in favor of a standard 12-inch minimum requirement for all eaves and overhangs on accessory structures, regardless of their sidewall height. This is a Page 3 of 3 reaction to frequent confusion from the applicants as to what is considered an eave and what is considered an overhang. This confusion often leads to additional back and forth, as well as additional conditions of approval. This option would cause less confusion, allow everyone to construct new accessory structures under the same standard, and would put less burden on applicants to prove a structure is a legal nonconformity and document the measurements of the existing eaves and overhangs when this information is not on record with the City. This option would continue to ensure that accessory buildings will match the residential character throughout the City. The alternative text would be as follows: Subd. 5. Building Height. A. Sidewall height shall be measured from the base of the structure to the bottom of the eave on the exterior sidewalls. B. All accessory structures shall be constructed with eaves and overhangs that are a minimum of 12 inches in length. The following sidewall heights, eaves, and overhang standards shall exist: Sidewall Height Eaves (minimum) Overhang (minimum) 10’ or less 12” 12” 10’ – 12’ 12” 18” 12’ –13’6” to provide for a 12’ door 12” 24” The draft Ordinance was prepared using the direction provided by City Council. If the Planning Commission prefers to recommend the alternative option discussed above, the Commission should amend the draft with the suggested verbiage and recommend approval of the draft Ordinance. 4. Recommendation Recommend approval of the draft Ordinance amending Section 1030.020, Subd. 5(B), to allow flexibility from the eave and overhang requirements on accessory structures to match legal nonconforming structures on the same property. Attachments: 1. Draft Ordinance 2023-501 2. Draft Resolution 2023-xx Approving the Findings of Fact City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023-501 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF TITLE X OF THE CORCORAN CITY CODE RELATED TO ACCESSORY BUILDING STANDARDS (CITY FILE 23-021) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Chapter 1030.020, Subd. 5 of the Zoning Ordinance of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: Subd. 5. Building Height. A.Sidewall height shall be measured from the base of the structure to the bottom of the eave on the exterior sidewalls.B.The following sidewall heights, eaves, and overhang standards shallexist:Sidewall Height Eaves (minimum) Overhang (minimum) 10’ or less 12” 12” 10’ – 12’ 12” 18” 12’ –13’6” to provide for a 12’ door 12” 24” 1.The Zoning Administrator may provide flexibility from Section1030.020 Subd.5(B) in situations where the new accessorystructure matches an existing legal nonconforming accessorystructure located on the same property. Section 2. Effective Date This Ordinance shall be in full force and effect upon its adoption. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023-501 ADOPTED by the City Council on the 26th day of October 2023. 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 Michelle Friedrich – City Clerk City of Corcoran October 26, 2023 County of Hennepin State of Minnesota RESOLUTION NO. 2023- Page 1 of 2 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING SECTION 1030.020 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE REALTED TO THE MINIMUM EAVE AND OVERHANG REQUIREMENTS FOR ACCESSORY STRUCTURES. (CITY FILE 23-021) WHEREAS, the City of Corcoran proposed amendments to the minimum eave and overhang requirements for accessory structures; and WHEREAS, the City Council directed staff to provided more flexibility for minimum eave and overhang requirements on accessory structures; and WHEREAS, the City Council found it appropriate to allow for reduced eaves and overhangs on accessory structures that are specifically designed to match an existing structure that was constructed prior to the adoption of these requirements; and WHEREAS, the Planning Commission reviewed the proposed amendments 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 Section 1030.020 within Title X (Zoning Ordinance) of the City Code to amend the minimum eave and overhang standards for accessory structures based on the following findings: 1. The amendment will provide more flexibility for property owners to construct an accessory structure that matches an existing building on the property. 2. The amendment will allow the City to retain a level of discretion when reviewing accessory structures. 3. The amendments are consistent with State Law, 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 26, 2023 County of Hennepin State of Minnesota RESOLUTION NO. 2023- Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 26th day of October, 2023. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Michelle Friedrich – City Clerk Page 1 of 11 STAFF REPORT Agenda Item 6b. Planning Commission Meeting: Octobre 5, 2023 Prepared By: Natalie Davis McKeown Topic: Minor Subdivision and Zoning Ordinance Edits Action Required: Recommendation 60-Day Review Deadline: N/A 1. Request: City staff proposes several amendments to update the Subdivision and Zoning Ordinance. The goal of the update is to address staff-identified typos and inconsistencies found throughout these ordinances. Additionally, the amendments include other minor revisions that are not expected to be controversial to align requirements with City processes and goals, such as increasing the public hearing notice radius from 350 feet to 500 feet. 2. Background: A working list of Subdivision and Zoning Ordinance Edits has been forwarded to Council as a staff priority for the last 3 years. Below was the most recent list of items forwarded to Council of things to consider as part of this update: a. “Building Line” definition - needs to be consistent with other definitions. b. Wetland and Topo Waiver process – clarify. c. Clarify front yard setback is measured from ROW easement or ROW. d. Revise “Daycare Facility” definition. e. Revise “Structure” definition - fences allowed up to 7 feet. f. Correct 10:00 p.m. typo in 1040.030, Subd. 4(E). g. Correct spacing/formatting throughout. h. Update definition of “Major Roadways”. i. Check and correct font in 1070.040, Subd. 2(B) if needed. j. Capitalize “Waiver” in Section 82.04, Subd. 5(B). k. Delete 1040.110, Subd. 2(S) (duplicate of U). l. Correct “Senior” typo in 1040.130, Subd. 4(K). m. Reword 1060.050, Subd. 1(C)1 for clarity. n. Reword 1060.050, Subd. 1(C)1.f.i to exclude windows and doors. o. Section 1060.080 - Do decorative fence elements on top need to comply with 7 foot limit? p. Update all 2030 Comp Plan references to 2040 Comp Plan. q. Section 1070.050, Subd. 8(B) – amend to allow Council to approve a second extension. Page 2 of 11 r. Section 1040.100, Subd. 2(F) should be commercial daycare not daycare facilities (C-1 and C-2 districts). s. Consider at-grade deck/patio setback encroachment. t. Update all references of “Places of Worship/Assembly” found throughout the Code to “Places of Worship”. u. Remove extension requests from Planning Commission purview. v. Replace “interim use permit” reference regarding ADU approvals with the “applicable review process” in 1030.020, Subd. 5(C)(3). w. Clarify that required plantings in buffer yards as outlined in Section 1060.070, Subd. 2(J) are in addition to other landscaping requirements. x. Increase the public hearing notice radius from 350 feet to 500 feet in all relevant application process sections including Section 930.010, Subd. 1 and 3; Section 970.040, Subd. 1(B); Section 1030.100, Subd. 6(A); Section 1070.010, Subd. 1(C); Section 1070.020, Subd. 2(D); and Section 1070.040, Subd. 3(C)(1). y. Revise “Upland” definition to clarify upland is not floodplain or land below the 100-year ordinary high-water level. z. Re-word Section 925.010 to provide City Council with more discretion to determine when a subdivision may or may not be deemed premature. aa. Review Section 940.050, Subd. 1(D)(4) pertaining to lot dimension deviations in Open Space and Preservation Plats for consistency with Section 940.030, Subd. 4. bb. Revise definition of “Multiple Family Dwelling” so that it cannot be interpreted to include townhomes and be consistent with the adopted Rental Dwelling Ordinance. cc. Correct spacing at Section 1030.090. dd. Correct formatting error at Section 1040.125, Subd 5. (B). ee. Define “Auto Service Stations” as the term is used in Section 1060.060, Subd. 8. ff. Define “Eaves” and “Overhangs” as the terms are relied on in Section 1030.020, Subd. 5. gg. Update Section 945.020, Subd. 19(C) to be consistent with Engineering Standards. This list was not meant to be exhaustive as staff believed it would be likely to find additional areas where minor edits would make sense while going through this process. However, for this update staff was only interested in including changes that will correct typos or formatting errors, address inconsistency throughout the Code, provide clarity of City processes or interpretations, or address non-controversial items. Anything believed to warrant a separate or larger discussion was not included in this update. City Council authorized staff to proceed with preparing the minor amendments at the September 14th City Council meeting. 3. Analysis Page 3 of 11 The enclosed draft Ordinance is 32 pages with 77 sections that include amendments. Most revisions from the proposed list were incorporated. There were a few items on the list that ended up not being incorporated into the proposed amendments including formatting issues (i.e., spacing and font) that the City Attorney confirmed did not require a formal ordinance amendment to address as well as areas that Staff realized warranted a larger discussion (e.g., definition of Auto Service Station as a term of art in the parking performance standards). Staff will use the proposed list as a framework for the analysis to summarize the proposed amendments. a. “Building Line” definition - needs to be consistent with other definitions. The previous definition seemed to confuse the term building line with setback line. Staff believes building line can differ from setback line when buildings were developed prior to the prevailing setback requirements. Staff wanted the update to clarify that the term building line is used to address an existing condition of the site whereas the setback line addresses the required setback based on the prevailing ordinance. Therefore, the definitions for “Building Line” and “Setback” were amended to provide this clarity. This is handled in Section 10 of the enclosed draft. b.Wetland and Topo Waiver process – clarify. The City has an unofficial process for applicants to request a waiver from wetland delineation and topographic survey requirements for preliminary plats under specific situations. Specifically, these are typically granted when the request is a small lot line adjustment or development rights reassignment that can’t be handled under a more simplified process. These waivers are only granted to a lot if no improvements or further subdivision is proposed. While this has been a practice for several years that went through City Council to approval, this process was not found in the City Code. The proposed amendments codify the process as well as provide the Zoning Administrator and City Engineering the authority to review and grant approval of such requests to streamline the application process for applicants. Should staff deny a waiver, the applicant will be able to appeal the decision to City Council. This is handled in Section 4 of the draft Ordinance. c.Clarify front yard setback is measured from ROW easement or ROW. Staff believes this is now addressed with the changes made previously in 2022 by adding the term of art “Lot Frontage” as well as the new changes made to the “Setback” definition as a part of correcting the “Building Line” inconsistencies in Section 10. d.Revise “Daycare Facility” definition. Page 4 of 11 Staff has run into inconsistencies throughout the Code where commercial daycare facilities are called out separately in some districts, but not in others where it would make sense to have commercial daycare facilities. This has led to the interpretation that the City allows home daycares in nearly all districts, including commercial districts, but not necessarily commercial daycares within commercial districts. The proposed definition change further categorizes daycare facilities into home daycare facilities and commercial daycare facilities for clarity. This is handled in Section 10 of the draft Ordinance. e. Revise “Structure” definition - fences allowed up to 7 feet. Previously, the structure definition exempted fences of up to 6 feet from being categorized as a structure. However, building permits for a fence are not required until a fence exceeds 7’ in height. This suggests a fence is not considered a structure until it exceeds 7’ tall. The definition of structure was revised for consistency. This is addressed in Section 10 of the draft Ordinance. f. Correct 10:00 p.m. typo in 1040.030, Subd. 4(E). Due to previous changes made in code, the typo was actually found in Section 1040.030, Subd. 5(C). A period needed to be added after the “m” in p.m. This is handled in Section 22 of the proposed draft Ordinance. g. Correct spacing/formatting throughout. The City Attorney confirmed most spacing and formatting errors can be addressed as a part of the annual update without formal adoption of these changes. Staff made note of where spacing and font errors can be found in the code, and these will be addressed with the annual codification update in 2024 where the City Code document is updated with all ordinance changes from the previous year. h. Update definition of “Major Roadways”. The term “Major Roadways” is used in each district chapter to provide a greater front setback from County Roads. Previously, several roadway classifications were provided as examples of major roadways with reference made to the Roadway Functional Classification map in the 2040 Comprehensive Plan. This led to confusion, and ultimately part of County Road 10 did not fall under any of these classifications. Staff believes the goal of the major roadway setback was to provide a greater setback from state highways (Highway 55 in the southwest corner of the City) and the county roads found throughout the City. Therefore, the proposed amendment simplifies the explanation of major roadways throughout the City Code to specifically apply to state highways and county roads without Page 5 of 11 the need to reference a map. This is handled in each district’s area requirements where relevant (the Downtown Mixed Use district does not have a minimum setback as it utilizes a build-to line instead to create a traditional downtown environment). The update can be found in the following sections: Section 17 Section 39 Section 23 Section 42 Section 25 Section 45 Section 27 Section 49 Section 29 Section 51 Section 31 Section 54 Section 33 Section 60 Section 35 Section 63 i. Check and correct font in 1070.040, Subd. 2(B) if needed. The City Attorney confirmed this change can be addressed with the annual codification update in 2024 without formal adoption of the revision. j. Capitalize “Waiver” in Section 82.04, Subd. 5(B). Staff previously received direction from Council to formalize the Special Event Permit and Sign processes. There are a few portions of this area of Code that need to be revised, and it was determined the change in capitalization will be included as a part of a separate update anticipated in 2024. k. Delete 1040.110, Subd. 2(S) (duplicate of U). Retail goods and service uses of a similar nation was listed twice under the permitted uses for the C-2 (Community Commercial) District. The duplicate entry is removed and subsequent lettering is updated in Section 46 of the draft ordinance. l. Correct “Senior” typo in 1040.130, Subd. 4(K). There was a previous version of City Code that used the term “Senor Housing” which was meant to be “Senior Housing”. It appears a previous update corrected this error as staff no longer can find the use of “Senor” in the City Code. m. Reword 1060.050, Subd. 1(C)1 for clarity. The wording in this section of the Zoning Ordinance suggested that the Rural Commercial (CR) district was exempt from the exterior building finishes requirement. This is not the case, it was just that there is some additional Page 6 of 11 flexibility provided. This flexibility is discussed in Section 1060.050, Subd. 1(C)(1)(f). Staff recommends removing the verbiage that suggests the CR is exempt from building material requirements for non-residential districts, and rely on the flexibility specified subsequently in the same Section. This is handled in Section 66 of the draft Ordinance. n. Reword 1060.050, Subd. 1(C)1.f.i to exclude windows and doors. The wording was updated to clarify that windows and doors are excluded from the calculations to determine compliance with a percentage limit applied to curtain wall panels. This is also handled in Section 66 of the draft Ordinance. o. Section 1060.080 - Do decorative fence elements on top need to comply with 7 foot limit? In consultation with Public Works and Construction Services, staff believes that certain decorative elements such as a space cap on structural posts should not count towards the height calculation of a fence. However, toppers that are placed across the entirety of a fence should count towards the height of a fence as it can impact the structural integrity of a fence. Section 65 of the draft Ordinance provides a height exemption for decorative elements and clarifies that toppers are not exempt from height calculations. Additionally, images are provided to illustrate the difference between the exempt decorative element and provide an example of a non-exempt fence topper. Section 68 also makes a minor adjustment to subsequent punctuation so that the Section is cohesive. p. Update all 2030 Comp Plan references to 2040 Comp Plan. All references to the 2030 Comprehensive Plan were updated to 2040. This is addressed in the following sections of the draft Ordinance: Section 14 Section 32 Section 18 Section 34 Section 19 Section 43 Section 24 Section 55 Section 26 Section 57 Section 28 Section 69 Section 30 q. Section 1070.050, Subd. 8(B) – amend to allow Council to approve a second extension. Previously approved land use applications typically expire after 1 year with the Zoning Administrator able to provide a 1-year extension. Should a second or Page 7 of 11 longer extension be necessary, there is typically an extension request that goes to the Planning Commission and City Council (except variances only go to the “Board” – AKA the City Council). Requests are required at least 30 days prior to the expiration. There are some exceptions to this process found in Code. For example, administrative permits had no expiration date called out, and variance extension requests did not include the Planning Commission. Staff proposes verbiage to add an expiration clause for administrative permits. The verbiage also allows the Zoning Administrator to grant an extension up to two times of no more than two years overall. This is similar to the extension process for preliminary plats. The proposed verbiage is provided in Section 76 of the draft Ordinance. Considering the 30-day timeline and the fact that some application types only required the extension request to be considered by the Zoning Administrator or Council, staff believes it makes sense to streamline the process to send an extension requests to Council without Planning Commission consideration. This will benefit applicants of approved projects with a more uniform process, minimize staff time, as well as reduce the workload required of the Planning Commission. Staff also found reference to a renewal fee for extension requests; however, we do not have a renewal fee in our adopted fee schedule. Staff believes it makes sense to utilize the escrow account on file for staff time to process an extension request. The proposed revisions to extensions requests are handled in the following sections of the draft Ordinance: - Section 72 - Section 74 - Section 75 r. Section 1040.100, Subd. 2(F) should be commercial day care not day care facilities (C-1 and C-2 districts). All day care facilities references are clarified throughout the Zoning Ordinance to clarify where home or commercial facilities are allowed. Additionally, in districts where daycares are a permitted use, day care as an accessory use is removed as it is redundant. Finally, day care as an accessory use to a Place of Worship/Assembly in the Urban Reserve (UR) district is proposed to be removed since Places or Worship/Assembly are not permitted in the UR and there are no legal nonconforming Places of Worship/Assembly currently located in the UR. These changes are found in the following sections of the draft Ordinance: Page 8 of 11 Section 15 Section 41 Section 16 Section 43 Section 20 Section 44 Section 24 Section 46 Section 26 Section 47 Section 28 Section 50 Section 30 Section 52 Section 32 Section 56 Section 34 Section 57 Section 36 Section 58 Section 37 Section 61 Section 40 Section 62 s. Consider at-grade deck/patio setback encroachment. At-grade decks and patios are already allowed to encroach up to 6’ into the required wetland setback. Staff believes it makes sense to have this flexibility for all setbacks as long as it does not interfere with a drainage and utility easement. Section 11 proposes language within the Accessory Structures Section of the Zoning Ordinance to provide this flexibility. Additionally, language in the Wetland Overlay was also added for consistent treatment of drainage and utility easements (this is found in Section 64). t. Update all references of “Places of Worship/Assembly” found throughout the Code to “Places of Worship”. A code update in 2021 renamed the term of art “Places of Worship/Assembly” to “Place of Worship” as the definition provided in the Zoning Ordinance is specific to Places of Worship and specifically excludes other types of assembly uses. While most references were caught as part of the 2021 update, the draft Ordinance will correct the remaining references that were missed. This is handled in the following sections of the draft Ordinance: Section 21 Section 59 Section 38 Section 61 Section 48 Section 65 u. Remove extension requests from Planning Commission purview. This was handled as discussed in item “q.” above. Page 9 of 11 v. Replace “interim use permit” reference regarding ADU approvals with the “applicable review process” in 1030.020, Subd. 5(C)(3). This is handled in Section 12 of the draft Ordinance. w. Clarify that required plantings in buffer yards as outlined in Section 1060.070, Subd. 2(J) are in addition to other landscaping requirements. This is handled in Section 67 of the draft Ordinance. x. Increase the public hearing notice radius from 350 feet to 500 feet in all relevant application process sections including Section 930.010, Subd. 1 and 3; Section 970.040, Subd. 1(B); Section 1030.100, Subd. 6(A); Section 1070.010, Subd. 1(C); Section 1070.020, Subd. 2(D); and Section 1070.040, Subd. 3(C)(1). The City Council identified increasing the public hearing notice radius as a priority for 2023. The proposed ordinance change updates the radius to 500 feet for all application types that require a public hearing. This is handled in the following sections of the drafts Ordinance. y. Revise “Upland” definition to clarify upland is not floodplain or land below the 100-year ordinary high-water level. Section 1 of the draft Ordinance proposes language that clarifies the term uplands does not refer to land considered floodplain or is below the 100-year ordinary high-water level. This is particularly important for processing Open Space and Preservation plats. z. Re-word Section 925.010 to provide City Council with more discretion to determine when a subdivision may or may not be deemed premature. Section 2 of the draft Ordinance proposes language that will provide City Council with more discretion to determine when a subdivision may or may not be deemed premature. This discretion already is utilized when granting variances to developments within the Metropolitan Urban Service Area prior to the full availability of municipal services. In these instances, it has made sense to not make a determination of premature development as the applicants could operate with septic and/or a well as an interim solution. Section 3 Section 70 Section 9 Section 71 Section 13 Section 73 Page 10 of 11 aa. Review Section 940.050, Subd. 1(D)(4) pertaining to lot dimension deviations in Open Space and Preservation Plats for consistency with Section 940.030, Subd. 4. In Section 5 and Section 6 of the draft Ordinance, the verbiage is revised for consistency between the two areas of the Subdivision Ordinance that discusses the trigger for Planned Unit Developments within an Open Space & Preservation plat. bb. Revise definition of “Multiple Family Dwelling” so that it cannot be interpreted to include townhomes and be consistent with the adopted Rental Dwelling Ordinance. In Section 10 of the draft Ordinance, definitions of Multiple Family Dwelling, Apartment Dwelling, and Townhome Dwelling are updated for uniformity with the newly adopted Rental Dwelling Ordinance. cc. Correct spacing at Section 1030.090. The space in this section appears to have been corrected in a previous update. dd. Correct formatting error at Section 1040.125, Subd 5. (B). An extra “B.” is located within this area of the Zoning Ordinance. This is corrected in Section 53 of the draft Ordinance. ee. Define “Auto Service Stations” as the term is used in Section 1060.060, Subd. 8. It was determined that changing the use of or defining Auto Service Stations could have ripple effects within the parking performance standards. Staff believes this entire Section of the Zoning Ordinance should be re-evaluated. Therefore, changes, including defining or rethinking the term “Auto Service Station”, are recommended to happen as a separate update for parking performance standards. ff. Define “Eaves” and “Overhangs” as the terms are relied on in Section 1030.020, Subd. 5. This was handled separately as part of the Accessory Structure Zoning Ordinance Amendment relating to eaves and overhangs also being considered at this meeting. Page 11 of 11 gg. Update Section 945.020, Subd. 19(C) to be consistent with Engineering Standards. This Section of the Subdivision Ordinance implies there is no established maximum length to streets that end in a cul-de-sac. However, this is inconsistent with the City’s Engineering Design Standards. Since the Engineering Design Standards are subject to updates, the proposed verbiage confirms to refer to the prevailing design standards for the cul-de-sac maximum. This is addressed in Section 6 of the draft Ordinance. Additionally, there are a few more revisions that were added to the minor updates list as staff went through the process. hh. Removal of the term “Greenway Corridor Land” in Section 915.020 of the Subdivision Ordinance. This was handled in Section 1 of the draft Ordinance. The term was removed as it is no longer used anywhere within the Subdivision Ordinance or elsewhere in Code. ii. Private drives in urban districts. Currently, the City Code does not allow for private drives within the urban residential districts. However, those within the Urban Reserve and developments with townhomes still rely on private drives. Previously, flexibility has been granted to allow private drives in this area of town. Section 8 of the draft Ordinance proposes clearly allowing private drives within the MUSA when deemed appropriate by City Council and provides clear design standards. 4. Recommendation Staff recommends approval of the draft Ordinance approving minor revisions to the Subdivision and Zoning Ordinances as well as the draft Resolution with findings of fact. Attachments: 1. Draft Ordinance Amending the Subdivision and Zoning Ordinance With Minor Revisions 2. Draft Resolution With Findings of Fact City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 1 of 32 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF TITLE IX AN TITLE X OF THE CORCORAN CITY CODE RELATED TO MINOR CODE UPDATES (CITY FILE 23-022) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Section 915.020 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 915.020 – DEFINITIONS Greenway Corridor Land: Land located in the mapped boundary identified as such on the 2030 Comprehensive Plan Natural Resources Map. Upland: land not classified as a wetland, a floodplain, below the 100-year ordinary high-water level, or a water body and is generally dry. SECTION 2. Amendment of the City Code. The text of Section 925.010 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 925.010 – PREMATURE SUBDIVISION PROHIBITED. Any proposed subdivision deemed premature for development shall not be approved by the City Council. A subdivision shall may be deemed premature if the Council determines that any of the following conditions exist. The burden of proof shall be upon the subdivider to show that the proposed subdivision is not premature. SECTION 3. Amendment of the City Code. The text of Section 930.010 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 1. Filing. A preliminary plat application shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by the fee as set forth in the City Code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully describing the proposed plat, together with a set of mailing labels of all property owners located within 350 500 feet of the site in a format prescribed by the Zoning Administrator. The application shall be considered as being officially submitted and complete when the subdivider has complied with all the specified submittal requirements, as described in this Section. If the subdivision requires any variances from the provisions of this Chapter, an application pursuant to Section 970 of this Chapter shall also be submitted before the preliminary plat application shall be deemed complete. Subd. 2. Staff Analysis. Upon receiving a complete application, as determined by staff City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 2 of 32 review, the Zoning Administrator shall refer copies of the preliminary plat to the City staff and other applicable public agencies as needed in order to receive written comments. Preliminary plats including land abutting an existing or proposed trunk highway and/or highway under county jurisdiction shall also be submitted to the Minnesota Commissioner of Transportation and/or the Hennepin County Transportation Planning Division as required by state law, at least thirty days prior to City action on the preliminary plat. The Zoning Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) prepare technical reports, and 3) assist in preparing a recommendation to the Planning Commission and City Council. Subd. 3. Public Hearing Notice. Upon completion of staff’s analysis of the application, the Zoning Administrator, when required, shall set a public hearing date for an upcoming Planning Commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the City’s Official Newspaper at least 10 days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within 350 500 feet of the site at least 10 days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings. SECTION 4. Amendment of the City Code. The text of Section 930.020, Subd. 6 of the Corcoran City Code is hereby amended by and adding the underlined material as follows: F. A topographic survey and certified wetland delineation report are required for preliminary plat applications. A waiver from the topographic survey and wetland delineation requirements can be granted to the property or properties that do not propose improvements or further subdivision. The request requires submittal of a land use application form, narrative, concept plan, and required fee per the adopted fee schedule. The request will be reviewed by the Zoning Administrator and City Engineer to determine if the proposal requires either a topographic survey or wetland delineation. The Zoning Administrator can grant the waiver. If the waiver is denied, the applicant can request an appeal with the City Council. SECTION 5. Amendment of the City Code. The text of Section 940.030, Subd. 4 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd 4. A Planned Unit Development (PUD) will be required for any application type that proposes a deviation from minimum lot standards, and/or the use of off-lotsite septic or well, or the use of community septic or well. SECTION 6. Amendment of the City Code. The text of Section 940.050, Subd. 1(D)(4) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 4. Variations from the minimum lot standards, the dimensional requirements for lot size, setbacks or impervious surface, the use of off-site septic or well, or the use of community septic or well may be approved with a PUD if the City Council finds that the request is consistent with the PUD standards. SECTION 7. Amendment of the City Code. The text of Section 945.020, Subd. 19(C) of the City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 3 of 32 Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 19. Dead-End Streets, Stub Streets and Cul-de-Sac Streets (permanent and temporary). A. Dead-End Streets. Dead-end streets shall be prohibited, except as stub streets. B. Stub Streets. Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Barricades shall be installed at the end of stub streets and signage shall be provided indicating a future street connection C. Cul-de-Sac Streets (permanent). Cul-de-sac streets may be installed where necessary due to topography, configuration of land, existing road layouts or other special circumstances. Maximum length of a cul-de-sac street shall not exceed the Corcoran Engineering Design Standards. SECTION 8. Amendment of the City Code. The text of Section 945.020, Subd. 20 of the Corcoran City Code is hereby amended by adding the underlined material as follows: B. Private Drives in Urban Residential Districts. In conjunction with the review of plats within Urban Residential Districts within the Metropolitan Urban Service Area, the City Council may approve private drives provided that all of the following conditions are met: 1. The council finds that a public street connection is not required for the public street network. 2. Design Standards. a. A private drive shall not exceed 2,640 feet in length unless it forms a continuous connection or loops back to a public street. Any such private drive with a terminus 1,320 feet or more from the nearest intersection will be required to provide a cul-de-sac at the closed end according to City Engineering Standards. b. The subdivider shall provide access to lots via public streets. Private drives are subject to the access standards of 945.020, Subd.12, D and 945.020 Subd. 12, F. c. Roadway standards must comply with Section 945.010, Subd. 5 (Engineering Design Standards). Private drives shall conform to the City of Corcoran Standard Detail Plates for shared driveways, as may be amended. The City Engineer may require additional site information and may require additional design standards that enhance safety. d. Individual unit driveways that gain access from any such private drive shall be a minimum of 22 feet in length. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 4 of 32 e. A decorative sign stating “Private Drive” shall be located near each entrance to a private drive. Such sign shall also provide the range of addresses served by the private drive. SECTION 9. Amendment of the City Code. The text of Section 970.040, Subd. 1(B) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: B. Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall establish a schedule for consideration by the Planning Commission. At least 10 days before the date of the Planning Commission meeting, a written notice of the request shall be mailed to all owners of property located within 350 500 feet of the boundaries of the property which is the subject of the application. SECTION 10. 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 BUILDING LINE: A line parallel to the street right-of-way, street easements or ordinary high water level at any story level of a building and representing the minimum distance that all or any part of the building is set back from said right-of-way, easement or ordinary high water level. The case of street easements, the building line shall be the required front setback plus ½ the easement width measured from the centerline. A line within a lot parallel to a public right-of-way, a side or rear lot line, a bluff line, or a high-water mark or line, behind which buildings or structures are placed. DAY CARE FACILITY: Any public or private facility licensed by the State of Minnesota, that regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or development guidance on a regular basis for a period less than 24 hours per day. Day Care facilities include, but are not limited to: family day care homes, group family day care homes, day care nurseries, day nurseries, nursery schools, Preschools, Montessori schools, as defined by Minnesota State Statutes, Chapter 245A. Day care facilities are not residential facilities as defined by this Section. DAY CARE FACILITY, HOME: A day care facility that is operated out of the private residence of the day care operator. DAY CARE FACILITY, COMMERCIAL: A day care facility that is operated out of commercial property rather than the private residence of the day care operator. DWELLING, MULTIPLE FAMILY (APARTMENT): A building designed with 3 or more dwelling units exclusively for occupancy by 3 or more families living independently of each other, but sharing hallways and main entrances and exits. DWELLING, MULTIPLE FAMILY: Three or more dwelling units grouped into one building, including apartments. DWELLING, TOWNHOME: A single-family dwelling unit constructed within a group of more than two attached units in which each unit extends from the foundation to the roof, has direct exterior City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 5 of 32 access, and has open space on at least one side. A townhome is not considered an apartment or multiple-family dwelling. SETBACK: The minimum horizontal distance between a structure and the nearest lot line, except that if an outlot for a public trail separates such lot line from a street right-of-way, setback shall mean the minimum horizontal distance between a structure and the street right-of-way line. Additionally, within the shoreland districts setback shall mean the minimum horizontal distance between a structure or a sewage treatment system and the ordinary high water level. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. In all cases, distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter. In the case of street easements, the setback shall be the required front setback plus ½ the easement width measured from the centerline. STRUCTURE: Anything which is built, constructed or erected on the ground or attached to the ground or on-site utilities; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, gazebos, decks, retaining walls, walls, fences, and swimming pools, but excluding patios and similar at-grade improvements, fences less than six (6) seven (7) feet in height which do not have the potential to obstruct flood flows, and recreational vehicles that meet the exemption criteria of Section 1050.030 Subd. 9.D. of this ordinance. SECTION 11. Amendment of the City Code. The text of Section 1030.020, Subd. 3 of the Corcoran City Code is hereby amended by adding the underlined material as follows: E. At-grade improvements, such as decks and patios, can encroach up to six feet into required setbacks except that the improvement must remain outside of any drainage and utility easements. SECTION 12. Amendment of the City Code. The text of Section 1030.020, Subd. 5(C)(3) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 3. Accessory buildings with accessory dwelling units may exceed these height limits when approved as part of the applicable review process for the accessory dwelling unit interim use permit provided all other performance standards for accessory buildings are met. SECTION 13. Amendment of the City Code. The text of Section 1030.100, Subd. 6 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 6. Special Home Occupation - Administrative Permit. A. This permit may be issued by the City Administrator or assigned staff based upon proof of compliance with the provisions of this Section. Application for the permit shall be submitted to the City with an associated fee as established by the City Council. Prior to issuance of the permit, a notice of intent shall be sent to all property owners within 350 500 feet of the perimeter of the applicant’s property. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 6 of 32 SECTION 14. Amendment of the City Code. The text of Section 1040.020, Subd. 1 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.020 – URBAN RESERVE DISTRICT (UR) Subd. 1. Purpose. The intent of the Urban Reserve district is to preserve areas where urban services are planned, as shown on the 20340 Comprehensive Plan, but not yet available. The large minimum lot area will retain these lands in their natural state or as agricultural uses until sanitary sewer, water, streets and other public infrastructure is available and new development occurs. This will allow orderly development to occur. The purpose of this district is to provide a holding zone until a landowner/developer makes application for development, at which time the City may rezone the affected property consistent with its designation in the Comprehensive Plan, provided that the development does not result in the premature extension of public utilities, facilities, and services as specified above. The district does allow limited use of development rights prior to sewer and water services through clustering of lots as outlined in Subd. 7. of this Section. SECTION 15. Amendment of the City Code. The text of Section 1040.020, Subd. 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 2. Permitted Uses. A. Agriculture and Tree Farms. B. Day Care Facilities, Home State licensed, as defined by statute. SECTION 16. Amendment of the City Code. The text of Section 1040.020, Subd. 4 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use: A. Commercial Feedlots, subject to MPCA (Minnesota Pollution Control Agency) requirements. B. Commercial Riding Stables, subject to Chapter 81 of the City Code. C. Day Care facilities accessory to educational facilities or Places of Worship/Assembly. 1. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly. 2. All signage shall comply with Chapter 84 (Sign Ordinance) of the Corcoran City Code. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 7 of 32 3. No expansion of non-conforming structures or uses is allowed. 4. The use shall comply with the conditional use permit standards in Section 1070.020 of the Zoning Ordinance. DC. Golf Courses and other outdoor recreational facilities of a commercial nature. ED. Greenhouses and Nurseries, subject to the following: 1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line. 2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture. 3. Adequate off-street parking is provided on an improved surface as required by this Ordinance. 4. Adequate parking, loading and maneuvering areas shall be provided. 5. Loading areas are screened from adjacent residential uses. 6. Well and Septic Systems can be accommodated on site to serve the proposed facility. 7. Not more than 30 percent of the site area shall be covered with buildings or other structures. 8. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m. 9. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow. 10. The site complies with the minimum lot area standards for the district. 11. Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area. 12. At least 50 percent of the nursery stock to be sold on site must be grown on site. 13. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 8 of 32 FE. Living quarters, which are provided accessory to a principal agricultural use, subject to the following: 1. The living quarters are not used as rental property. 2. A maximum of one such accessory dwelling shall be allowed. 3. There is a demonstrated need for such a facility for the permitted agricultural use. 4. The farm includes a minimum of 30 acres. 5. The structure complies with all other Zoning Ordinance requirements. GF. Towers and Antennas (freestanding) as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance. SECTION 17. Amendment of the City Code. The text of Section 1040.020, Subd. 9 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 9. Area Requirements. The following minimum requirements shall be met in the UR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 20 acres Minimum lot width 300 feet Minimum lot depth 300 feet Minimum Principal Structure Setbacks: Front , from Major Roadways* 100 feet Front, from all other streets 50 feet Front Porch (≤ 120 square feet) 40 feet Side 25 feet Rear 30 feet Maximum Principal Building Height 35 feet *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 18. Amendment of the City Code. The text of Section 1040.020, Subd. 5 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use: A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 9 of 32 B. Development in the 20340 Metropolitan Urban Service Area (MUSA)(as depicted on the official Zoning Map) prior to availability of municipal sewer and water, subject to the following: SECTION 19. Amendment of the City Code. The text of Section 1040.020, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Clustering Option. This Section provides for optional clustering of lots on those properties with development rights as recorded on the official City of Corcoran “Development Rights Map” on file at City Hall at the time of adoption of this Ordinance. Lots may be considered for clustering based on the following minimum standards: A. Clustering shall only be considered on those properties guided for residential land use on the 20340 Comprehensive Plan. B. An approval for a rezoning of the property, consistent with the residential land use category of the 20340 Comprehensive Plan shall be made at the same time as the subdivision of the property. C. All procedures for a standard subdivision as provided in Section 930 and 935 of the Subdivision Ordinance shall be followed with the addition of the following: 1. Buildable lots cannot exceed the number of development rights issued to the property. The number of rights is based on Subd. 8 of this Section. 2. The maximum lot area of each created clustered lot shall not exceed two times the minimum lot area for a single family dwelling in the zoning district that is compatible with the land use category in which the property is located. 3. The proposed development will not preclude full utilization of the site development potential when municipal infrastructure services are available. A ghost plat shall be designed for all outlot areas at the same time as the Preliminary and Final Plat is reviewed and approved. The ghost plat shall indicate future access, internal road network, future lot divisions and new lot layout based on zoning district requirements along with density as guided by the 20340 future land use plan and connection to municipal infrastructure. SECTION 20. Amendment of the City Code. The text of Section 1040.030, Subd. 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 2. Permitted Uses. A. Agriculture and Tree Farms. B. Day Care Facilities, Home State licensed, as defined by statute. SECTION 21. Amendment of the City Code. The text of Section 1040.030, Subd. 4(F) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 10 of 32 F. Places of Worship/Assembly. SECTION 22. Amendment of the City Code. The text of Section 1040.030, Subd. 5(C) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: C. Event Centers, subject to the following: 1. The hours of operation shall be no later than 10:00 p.m. daily. SECTION 23. Amendment of the City Code. The text of Section 1040.030, Subd. 8 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 8. Area Requirements: The following minimum requirements shall be met in the RR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 2 acres Minimum lot width 200 feet Minimum lot depth 300 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Front Porch (≤ 120 square feet) 40 feet Side 25 feet Rear 25 feet Maximum Principal Building Height 35 feet *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 24. Amendment of the City Code. The text of Section 1040.040, Subd. 1-2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.040 – RSF-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT Subd. 1. Purpose. The purpose of the RSF-1 district is to provide large, urban lots for single family homes and directly related complementary uses. The district includes existing neighborhoods that are currently served by private wells and septic systems. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. New development is intended to create low-density residential areas and to preserve and enhance transitional residential areas between lower and higher densities in areas served by public utilities. Areas zoned RSF-1 are guided Low Density Residential on the City’s 20340 Comprehensive Plan. Subd. 2. Permitted Uses. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 11 of 32 A. Day Care Facilities, Home State licensed, as defined by statute. SECTION 25. Amendment of the City Code. The text of Section 1040.040, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum Lot Area 20,000 square feet Minimum lot width 100 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 40 feet Front Porch (≤ 120 square feet) 30 feet Side (living) 10 feet Side (garage)** 5 feet Rear 30 feet Maximum Principal Building Height 35 feet *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 26. Amendment of the City Code. The text of Section 1040.045, Subd. 1-2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.045 – RSF-2 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT Subd. 1. Purpose. The purpose of the RSF-2 district is to provide urban sized lots for single family homes and directly related complementary uses. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. New development is intended to create low-density residential areas in moderate lot sizes to meet overall density requirements and provide greater variety in the housing choices. Areas zoned RSF-2 are guided Low Density of the City’s 20340 Comprehensive Plan. Subd. 2. Permitted Uses. A. Day Care Facilities, Home State licensed, as defined by statute. SECTION 27. Amendment of the City Code. The text of Section 1040.045, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-2 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 12 of 32 Minimum Lot Area 11,000 sq. ft. Minimum lot width 80 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 20 feet Front Porch (≤ 120 square feet) 15 feet Side (living) 10 feet Side (garage)** 5 feet Rear 30 feet Maximum Principal Building Height 35 feet *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 28. Amendment of the City Code. The text of Section 1040.050, Subd. 1-2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.050 – RSF-3 (SINGLE AND TWO-FAMILY RESIDENTIAL) ZONING DISTRICT Subd. 1. Purpose. The RSF-3 district is intended to provide for new single-family neighborhoods with a lot area that is smaller than the City’s traditional single-family lot as well as directly related, complementary uses. This zoning district is intended to be the primary single-family zoning district for future residential developments. The smaller lot area will make efficient use of the City’s land supply and investment in public utilities and allow the City to efficiently protect and preserve its natural resources such as wetlands and woodlands. In addition, the smaller lot area will help the City meet its density goal for new single-family homes. Single family homes, as well as two-family dwellings are allowed in this district. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. Areas zoned RSF-3 are guided Low Density on the City’s 20340 Comprehensive plan. Development within this district is required at a minimum density of 3.0 units per net acre up to a maximum of 5.0 units per acre. Subd. 2. Permitted Uses. A. Day Care Facilities, Home State licensed, as defined by statute. SECTION 29. Amendment of the City Code. The text of Section 1040.050, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements: The following minimum requirements shall be met in the RSF-3 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Single Family Two-Family dwellings and other uses Minimum Lot Area 7,500 square feet 15,000 square feet Minimum lot width 65 feet 100 feet Minimum Principal Structure City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 13 of 32 Setbacks: Front, From Major Roadways* 100 feet 100 feet Front, From all other streets 20 feet 25 feet Front Porch (≤ 120 square feet) 15 feet N/A Side (living) 10 feet 10 feet Side (garage)** 5 feet 5 feet Rear 30 feet 25 feet Maximum Principal Building Height 35 feet 35 feet *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 30. Amendment of the City Code. The text of Section 1040.060, Subd. 1-2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.060 – RMF-1 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT Subd. 1 Purpose. The purpose of the RMF-1, Medium Density Residential District is to allow a variety of housing types including single-family homes, two-family dwellings, townhomes, attached and detached dwelling and multi-family to expand life cycle housing options with a minimum net density of 6 units per acre and maximum net density of 8 units per acre. All lot areas in this district are intended to reflect the City’s objective of promoting efficient use of land and public utilities. Areas zoned RMF-1 are guided Medium Density Residential on the 20340 Comprehensive Plan. Subd. 2. Permitted Uses. A. Day Care Facilities, Home State licensed, as defined by statute. B. Dwelling, Single Family Detached. C. Dwelling, Two Family. D. Dwelling, Single-Family Attached Townhome with no more than six (6) dwelling units per structure in a row (and no back to back townhome units) SECTION 31. Amendment of the City Code. The text of Section 1040.060, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the RMF-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Single Family Detached/Two Family Townhome Apartment/ Condominium Minimum Lot area 7,000 square feet/7,500 square feet 5,400 square feet per unit 1 acre City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 14 of 32 Minimum lot width 70 feet/150 feet n/a 100 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet 100 feet 100 feet Front, From all other streets 25 feet 25 feet 25 feet Side (living)** 10 feet 10 feet 30 feet Rear 25 feet 25 feet 25 feet Maximum Principal Building Height 35 feet 35 feet 35 feet or three stories *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 32. Amendment of the City Code. The text of Section 1040.065, Subd. 1-2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.065 – RMF-2 (MIXED RESIDENTIAL) ZONING DISTRICT. Subd.1 Purpose. The purpose of the RMF-2, Mixed Residential District is intended to provide areas offering a variety of housing types, including single-family small lot detached and attached dwellings and multi-family structures to retain the environment and character of less intensive styles of higher density multiple-family residence areas by establishing building and lot area requirements; to broaden the choice of residential living styles and create opportunity for more affordable homes and homes that address the needs of an aging population in a more compact development pattern that makes the most efficient use of the City’s land supply and investment in public utilities. Areas zoned RMF-2 are guided Mixed Residential Density on the City’s 20340 Comprehensive Plan. Development within this district is required at a minimum density of 8.0 units per net acre up to a maximum of 10 units per acre. Subd. 2 Permitted uses. A. Day Care Facilities, Home State licensed, as defined by statute. B. Dwelling, Single Family Detached C. Dwelling, Two Family; D. Dwelling, Single-Family Attached Townhome - 8 units per building maximum with each unit having a separate entrance; SECTION 33. Amendment of the City Code. The text of Section 1040.065, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the RMF-2 district. Properties may be subject to special requirements for overlay districts as City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 15 of 32 noted in Section 1050 (Overlay Districts): Single Family Detached/Two Family Townhome Apartment/ Condominium Minimum Lot area 6,000 square feet/7,000 square feet 5,000 square feet per unit 1 acre Minimum lot width 60 feet/120 feet n/a 100 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet 100 feet 100 feet Front, From all other streets 25 feet 25 feet 25 feet Front Porch (≤ 120 square feet) Side** 10 feet 10 feet 30 feet Rear 25 feet 25 feet 25 feet Maximum Principal Building Height 35 feet 35 feet 35 feet or three stories *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 34. Amendment of the City Code. The text of Section 1040.070, Subd. 1-2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.070 – RMF-3 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT Subd. 1. Purpose. The RMF-3 district allows for the development of high density multiple-family uses such as townhomes and apartments where municipal sewer and water is available. This district addresses the need for life cycle housing by offering an alternative to single family detached housing with a required minimum density of 10 units per net acre or greater. Areas zoned RMF-3 are guided High Density Residential on the 20340 Comprehensive Plan. Subd. 2. Permitted Uses. A. Day Care Facilities, Home State licensed, as defined by statute. B. Dwelling, Senior (age-restricted) C. Dwelling, Single-Family Attached Townhome - 8 units per building maximum with each unit having a separate entrance; SECTION 35. Amendment of the City Code. The text of Section 1040.070, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the RMF-3 City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 16 of 32 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum Base Lot Area 1 acre Minimum Base Lot Width 150 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Side 25 feet Rear 25 feet Maximum Principal Building Height 35 feet or three stories *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 36. Amendment of the City Code. The text of Section 1040.080, Subd. 3 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 3. Accessory Uses. A. Accessory structures as regulated by Section 1030.020 of this Chapter. B. Accessory uses incidental and customary to uses allowed in this Section. C. Day Care Facilities, Home County licensed, 12 or fewer individuals. SECTION 37. Amendment of the City Code. The text of Section 1040.090, Subd. 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 2. Permitted Uses. A. Automobile Retail (tires, batteries, etc. No body work or repair work). B. Civic Buildings, such as City Hall, libraries, fire stations, etc. C. Day Care Facilities, Home State licensed, as defined by statute. D. Day Care Facilities, Commercial. SECTION 38. Amendment of the City Code. The text of Section 1040.090, Subd. 4(M) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: M. Places of Worship/Assembly. SECTION 39. Amendment of the City Code. The text of Section 1040.090, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 17 of 32 Subd. 7. Area Requirements. The following minimum requirements shall be met in the CR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 2.5 acres Minimum lot width 100 feet Minimum lot depth 200 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Side 20 feet Rear 20 feet Adjacent to Residential 50 feet Maximum Principal Building Height 35 feet Maximum Impervious Surface Coverage 50% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 40. Amendment of the City Code. The text of Section 1040.095, Subd. 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 2. Permitted Uses. A. Day Care Facilities, Home State licensed, as defined by statute. B. Dwelling, Single Family Detached SECTION 41. Amendment of the City Code. The text of Section 1040.095, Subd. 3 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 3. Accessory Uses. A. Accessory structures as regulated by Section 1030.020 of this Chapter. B. Accessory uses incidental and customary to uses allowed in this Section. C. Day Care Facilities, State licensed, as defined by statute. DC. Fences as regulated by Section 1060 (Performance Standards) of this Chapter. ED. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter. FE. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code. GF. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 18 of 32 SECTION 42. Amendment of the City Code. The text of Section 1040.095, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements: The following minimum requirements shall be met in the TCR district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 2.5 acres Minimum lot width 200 feet Minimum lot depth 300 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Side 25 feet Rear 25 feet Maximum Principal Building Height 35 feet *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 43. Amendment of the City Code. The text of Section 1040.100, Subd. 1 and 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.100 – C-1 (NEIGHBORHOOD COMMERCIAL) Subd. 1. Purpose. The purpose of the Neighborhood Commercial (C-1) District is to allow single and multi-use commercial buildings containing convenience retail and service commercial uses at major intersections on small neighborhood scale sites where public sewer is available and sites are designated in the 20340 Comprehensive Plan. The district is intended to accommodate the basic needs of neighborhoods that would not otherwise have convenient access to retail areas in the City. Due to the proximity to residential neighborhoods new buildings shall appear to have similar scale and design elements as the neighboring buildings. Businesses requiring exterior storage for processing retail sales or wholesale activities are not permitted in this district. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. Subd. 2. Permitted Uses. A. Bakery, retail B. Banks, savings and loan, credit unions and other financial institutions, with or without drive-through. C. Barbers, Beauty Shops and similar personal service uses. D. Civic Buildings, such as City Hall, libraries, fire stations, etc.. E. Copy/print shop City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 19 of 32 F. Day Care Facilities, Commercial State licensed, as defined by statute. SECTION 44. Amendment of the City Code. The text of Section 1040.100, Subd. 3 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 3. Accessory Uses. A. Accessory structures as regulated by Section 1030.020 of this Chapter. B. Accessory uses incidental and customary to uses allowed in this Section. C. Day Care Facilities, County licensed, 12 or fewer individuals. DC. Keeping of Animals, subject to Chapter 81 (animals) of the City Code. SECTION 45. Amendment of the City Code. The text of Section 1040.100, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the C-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area: Single-tenant building 25,000 square feet Multi-tenant building 1 acre Minimum lot width 100 feet Minimum lot depth 200 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 25 feet Side 20 feet Rear 20 feet Adjacent to Residential 50 feet Maximum Principal Building Height 35 feet Maximum Building Size 50,000 square feet Maximum Impervious Surface Coverage 80% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 46. Amendment of the City Code. The text of Section 1040.110, Subd. 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 2. Permitted Uses. A. Bakery, retail. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 20 of 32 B. Banks, savings and loan, credit unions and other financial institutions, with or without drive-through. C. Barbers, Beauty Shops and similar personal service uses. D. Civic Buildings, such as City Hall, libraries, fire stations, etc.. E. Day Care Facilities, Commercial State licensed, as defined by statute. F. Department Stores. G. Drug Stores, Variety Stores, etc. H. Dry cleaning and laundry pick up, incidental pressing and repair without dry cleaning processing. I. Funeral Homes and Mortuaries. J. Grocery Stores (not to exceed 50,000 square feet). K. Hardware Stores. L. Hobby and Craft Stores. M. Home Furniture and Home Furnishing Stores. N. Household Appliance Stores. O. Laundromats. P. Liquor—Off-sale/On-sale. Q. Offices, medical and professional. R. Public and Private Clubs and Lodges. S. Retail goods and service uses of a similar nature. TS. Restaurants and cafes (without drive-through). UT. Retail goods and service uses of a similar nature VU. Sporting Goods and similar retail sales. WV. Tailoring services, shoe repair and similar services. XW. Taverns SECTION 47. Amendment of the City Code. The text of Section 1040.110, Subd. 3 of the City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 21 of 32 Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 3. Accessory Uses. A. Accessory structures as regulated by Section 1030.020 of this Chapter. B. Accessory uses incidental and customary to uses allowed in this Section. C. Day Care Facilities, County licensed, 12 or fewer individuals. D. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter. EC. Keeping of Animals, subject to Chapter 81 (animals) of the City Code. SECTION 48. Amendment of the City Code. The text of Section 1040.110, Subd. 4(L) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: L. Places of Worship/Assembly. SECTION 49. Amendment of the City Code. The text of Section 1040.110, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the C-2 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 1 acre Minimum lot width 100 feet Minimum lot depth 200 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 25 feet Side 20 feet Rear 20 feet Adjacent to Residential 50 feet Maximum Principal Building Height 35 feet Maximum Impervious Surface Coverage 80% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 50. Amendment of the City Code. The text of Section 1040.120, Subd. 4 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 22 of 32 that may be cited for a specific use: A. Day Care Facilities, Commercial. SECTION 51. Amendment of the City Code. The text of Section 1040.120, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the BP district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 1 acre Minimum lot width 100 feet Minimum lot depth 200 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Side 20 feet Rear 20 feet Adjacent to Residential 50 feet Maximum Principal Building Height 45 feet Maximum Impervious Surface Coverage 70% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 52. Amendment of the City Code. The text of Section 1040.125, Subd. 4 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use: A. Day Care Facilities, Commercial. SECTION 53. Amendment of the City Code. The text of Section 1040.125, Subd. 5 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited for a specific use: A. Land reclamation, mining and soil processing B. B. Outside Storage as a principal use, subject to the following: SECTION 54. Amendment of the City Code. The text of Section 1040.125, Subd. 7 of the Corcoran City Code is hereby amended by removing the stricken material and adding the City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 23 of 32 underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the I-1 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 1 acre Minimum lot width 100 feet Minimum lot depth 200 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Side 20 feet Rear 20 feet Adjacent to Residential 50 feet Maximum Principal Building Height 45 feet Maximum Impervious Surface Coverage 70% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 55. Amendment of the City Code. The text of Section 1040.130, Subd. 1 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.130 – DOWNTOWN MIXED USE (DMU) DISTRICT Subd. 1. Purpose. The purpose of the Downtown Mixed Use District is to provide for the orderly and integrated development of a high quality downtown. The Downtown Mixed Use District applies to those properties classified as Mixed Use on the 2030 Future Land Use Plan and located on the east side of County Road 116 on both sides of County Road 10. The Downtown Mixed Use District will provide for the establishment of a community focal point which is a blend of cultural, civic, entertainment, commercial, retail, residential and office uses as defined and guided by the 20340 Comprehensive Plan. Residential multi-family uses shall be developed at a minimum of ten units per acre or greater. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. SECTION 56. Amendment of the City Code. The text of Section 1040.130, Subd. 4 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 4. Permitted Uses. A. Bakery, retail. B. Banks, savings and loans, credit unions and other financial institutions without drive-through. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 24 of 32 C. Barbers, Beauty Shops and similar personal service uses. D. Civic Buildings, such as City Hall, libraries, fire stations, etc. E. Copy/print shop. F. Day Care Facilities, Home or Commercial State licensed, as defined by statute. SECTION 57. Amendment of the City Code. The text of Section 1040.135, Subd. 1 and 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1040.135 – GENERAL MIXED USE (GMU) DISTRICT Subd. 1. Purpose. The purpose of the General Mixed Use District (GMU) is to provide an area for compact, inter-connected, walkable, mixed-use development along key community corridors and to support high quality development and site flexibility due to the unique site conditions in these areas. The mixture of land uses within the district is essential to establishing the level of vitality and intensity needed to support retail and service uses. A combination of retail, office, service and residential uses are encouraged although not required. Buildings may also be entirely one use. The placement of the building and the relationship of the building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the GMU District. The standards in this Section are reinforced within the Design Guidelines contained in Appendix A. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. The General Mixed Use District applies to those properties classified as Mixed Use on the 20340 Future Land Use Plan and adjacent to County Road 30. The character of the General Mixed Use District shall reflect high quality design due to the high visibility of these areas at the gateway to the City at County 30. Although development in this mixed-use district will be more auto-oriented in design than the Downtown Mixed Use District, pedestrian connections and amenities will still be required to provide connections to existing and future planned areas, sidewalks and trails and to provide for safe pedestrian circulation within the site. Landscaping, and architectural details shall be used to unify sites within the General Mixed Use District. Subd. 2. Permitted Uses. A. Bakery, retail. B. Banks, savings and loans, credit unions and other financial institutions without drive-through. C. Barbers, Beauty Shops and similar personal service uses. D. Civic Buildings, such as City Hall, libraries, fire stations, etc. E. Copy/print shop. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 25 of 32 F. Day Care Facilities, Home or Commercial State licensed, as defined by statute. SECTION 58. Amendment of the City Code. The text of Section 1040.135, Subd. 3 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 3. Accessory Uses. A. Accessory structures as regulated by Section 1030.020 of this Chapter. B. Accessory uses incidental and customary to uses allowed in this Section. C. Day Care Facilities, County licensed, 12 or fewer individuals. DC. Keeping of Animals, subject to Chapter 81 (animals) of the City Code. ED. Outdoor seating accessory to a restaurant. FE. Public open space plaza, square or other related uses. GF. Structured parking. SECTION 59. Amendment of the City Code. The text of Section 1040.135, Subd. 4(H) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: H. Places of Worship/Assembly. SECTION 60. Amendment of the City Code. The text of Section 1040.135, Subd. 13 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 13. Area Requirements. The following minimum requirements shall be met in the GMU district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area 25,000 square feet Minimum lot width 150 feet Minimum lot depth NA Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 25 feet Side None Rear None Adjacent to Residential 35 feet Maximum Principal Building Height 35 feet at the minimum setbacks but may be increased up to a maximum of 50 feet with increased setbacks at a rate of 1 foot additional height for every 5 feet in City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 26 of 32 additional setback. Maximum Impervious Surface Coverage 80% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 61. Amendment of the City Code. The text of Section 1040.145, Subd. 2 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 2. Permitted Uses. A. Civic Buildings, such as City Hall, libraries, fire stations, etc. B. Day Care Facilities, Commercial State licensed, as defined by statute. C. Educational facilities, K-12. D. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures. E. Places of Worship/Assembly. SECTION 62. Amendment of the City Code. The text of Section 1040.145, Subd. 4 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited for a specific use: A. Cemeteries and Memorial Gardens. B. Community Centers. C. Day Care Facilities, Commercial, accessory to permitted uses in this district. DC. Funeral Homes and Mortuaries. ED. Golf Courses and other outdoor recreational facilities of a commercial nature. FE. Hospitals, nursing home and similar care facilities. GF. Offices, medical and professional. HG. Towers and Antennas as regulated by Section 1060.100 (Telecommunications Services) of the Zoning Ordinance. IH. Trade Schools, Seminaries and other Higher Education Facilities SECTION 63. Amendment of the City Code. The text of Section 1040.145, Subd. 7 of the City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 27 of 32 Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 7. Area Requirements. The following minimum requirements shall be met in the PI district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts): Minimum lot area: 10 acres Minimum lot width 200 feet Minimum lot depth 200 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet Front, From all other streets 50 feet Side 50 feet Rear 50 feet Maximum Principal Building Height 45 feet Maximum Impervious Surface Coverage 70% *Major Roadways are state highways and county roads. Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. SECTION 64. Amendment of the City Code. The text of Section 1050.010, Subd. 9 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 9. Encroachment in Required Setback and Buffer Areas. A. Patios and decks may encroach up to a maximum of 6 feet into required structure setback areas except improvements must remain outside of drainage and utility easements. Porches may not encroach into required setback areas. Buffer and wetland areas must be kept fee of all structures, including fences and play equipment. SECTION 65. Amendment of the City Code. The text of Section 1050.020, Subd. 5(D)(2) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 2. All structures in residential districts, except Places of Worship/Assembly and nonresidential agricultural structures, are limited to a maximum height of 25 feet in height. SECTION 66. Amendment of the City Code. The text of Section 1060.050, Subd. 1(C) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: A. Non-Residential District Standards 1. Finishes. Exterior building finishes in all districts except the CR district shall consist of materials comparable in grade and quality to the following: a. Face Brick. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 28 of 32 b. Natural stone or cultured stone. c. Decorative concrete block or integral colored block. d. Cast in place concrete or pre-cast concrete panels. e. Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress. f. Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design. Up to 20% of any wall surface may consist of the materials outlined herein (excludes overhead doors, windows, and doors). i. In the CR zoning district, 50% of any wall surface (excludes overhead doors, windows, and doors) may consist of curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design. SECTION 67. Amendment of the City Code. The text of Section 1060.070, Subd. 2(J)(1)(b)(v) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 2. Required plantings within the buffer yard are in addition to other landscaping requirements. SECTION 68. Amendment of the City Code. The text of Section 1060.080, Subd. 1(F) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: F. A building permit is required for the following: 1. Fences over 7 feet in height, measured from grade to the top of fence, shall require a building permit. For the purposes of this Section, decorative elements, such as a space cap, that extend beyond the post of a fence are not measured as part of the height of the fence. Other structural elements, such as a topper, are counted towards the height of the fence. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 29 of 32 2. Retaining walls over 4 feet in height, measured from the bottom of the footing to the top of the wall, or. 3. Retaining walls supporting a surcharge or impounding Class I, II, or III-A liquids. SECTION 69. Amendment of the City Code. The text of Section 1060.110 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 1. Findings. Example of Height Exempt Decorative Element Example of Non-Height Exempt Topper City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 30 of 32 The intent of this Section is to allow reasonable capture and use, by households, businesses, and property owners of their solar energy resource, and encourage the development of renewable energy businesses, consistent with community development standards. This is consistent with Chapter 4, Section 8 of the Corcoran 20340 Comprehensive Plan, which states that the “City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired.” SECTION 70. Amendment of the City Code. The text of Section 1070.010, Subd. 1(C) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: C. Notice of said hearing shall be mailed to all owners of land within 350 500 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357. SECTION 71. Amendment of the City Code. The text of Section 1070.020, Subd. 1(D) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: D. Notice of said hearing shall also be mailed at least 10 days prior to all owners of land within 350 500 feet of the boundary of the property in question, informing them of the receipt of the application and the anticipated schedule for consideration. SECTION 72. Amendment of the City Code. The text of Section 1070.020, Subd. 7(B) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: B. The request for extension shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. SECTION 73. Amendment of the City Code. The text of Section 1070.030, Subd. 3(C) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: C. Approval Process. 1. Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 31 of 32 Administrator, when appropriate, shall establish a time and place for consideration by the Planning Commission. At least 10 days before the date of the meeting, a written notice of the meeting shall be mailed to the applicant and to all other owners of property located within 350 500 feet of the boundaries of the subject property. SECTION 74. Amendment of the City Code. The text of Section 1070.050, Subd. 5 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: Subd. 5. Expiration. Unless otherwise specified by the Zoning Administrator or City Council at the time of approval, approved variances shall expire, within one year after the date of approval unless the applicant has commenced the authorized use or improvement. Prior to the expiration, the applicant may apply for a time extension of up to one year. The request for extension shall include the renewal fee as set forth in the City Code and be submitted to the Zoning Administrator not less than 30 days before the expiration and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented for approval to the Board. SECTION 75. Amendment of the City Code. The text of Section 1070.050, Subd. 8(B) of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: B. The request for extension shall submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. SECTION 76. Amendment of the City Code. The text of Section 1070.060 of the Corcoran City Code is hereby amended by adding the underlined material as follows: Subd. 9. Expiration. A. Unless otherwise specified by the Zoning Administrator at time of approval, an administrative permit approval shall expire within one year of the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. Prior to the expiration, the applicant may apply for a time extension of up to one year. City of Corcoran County of Hennepin State of Minnesota October 26, 2023 ORDINANCE NO. 2023 Page 32 of 32 B. The request for extension shall submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The Zoning Administrator may approve up to 2 such extensions of not more than one additional year per extension. SECTION 77. Effective Date This Ordinance shall be in full force and effect upon its adoption. ADOPTED by the City Council on the 26th day of October 2023. 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 Michelle Friedrich – City Clerk City of Corcoran October 26, 2023 County of Hennepin State of Minnesota RESOLUTION NO. 2023- Page 1 of 2 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING TITLE IX AND TITLE X OF THE CORCORAN CITY CODE REALTED TO MINOR CODE UPDATES. (CITY FILE 23-022) WHEREAS, the City of Corcoran proposed several amendments to address errors, inconsistencies, and align requirements with City processes and goals throughout the Subdivision and Zoning Ordinances; and WHEREAS, City staff compiled a list of minor code updates and forwarded the list to City Council since at least 2020; WHEREAS, the City Council authorized staff to proceed with minor code updates; WHEREAS, the Planning Commission reviewed the proposed amendments 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 amendments within Title IX (Subdivision Ordinance) and Title X (Zoning Ordinance) of the City Code to address errors, inconsistencies, and align requirements with prevailing City practices and goals based on the following findings: 1. The amendments will address known typographical errors. 2. The amendments will provide consistency with the use of terms of arts relied upon throughout Title IX and Title X. 3. The amendments will provide consistent treatment of similar situations found in the City Code. 4. The amendments will provide clarity where previous verbiage or omitted information caused confusion. 5. The amendments will increase the public hearing notice radius to 500 feet and further involve nearby residents to development proposals. 6. The amendments will provide consistent treatment with the extension request process across application types as well as streamline the extension process to align with the specified timeline. 7. The amendments will provide consistency with the Corcoran Engineering Design Standards where relevant. City of Corcoran October 26, 2023 County of Hennepin State of Minnesota RESOLUTION NO. 2023- Page 2 of 2 8. The amendments will remove outdated terms, information, and processes. 9. The amendments are consistent with State Law, 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 Whereupon, said Resolution is hereby declared adopted on this 26th day of October, 2023. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Michelle Friedrich – City Clerk Page 1 of 2 8200 County Road 116  Corcoran, MN 55340 763-420-2288  www.corcoranmn.gov MEMO Meeting Date: October 5, 2023 To: Planning Commission From: Dwight Klingbeil, Planning Technician Re: Active Corcoran Planning Applications Projects/comments in blue italics are new. The following is a status summary of active planning projects: 1. “Kwik Trip CUP, Lot Line Adjustment, and Site Plan” (PID 12-119-23-14- 0006; 12- 119-23-14-0004) (City File No. 23-006). Kwik Trip Inc. submitted a Site Plan, Lot Line Adjustment and CUP application for the two parcels north of Mama G’s. The application was determined to be incomplete for City review and is not currently scheduled for review by the City Council. A feasibility study was required to evaluate the infrastructure needs of the project. The infrastructure feasibility study has been distributed to the applicant. This item is not currently scheduled for any upcoming meetings. 2. “Red Barn Pet Retreat” (PID 01-119-23-44-0045) (City File No. 23-008) Daniel Benjamin submitted an application for the expansion of his business, “Red Barn Pet Retreat” to a site on the Northwest corner of Stieg Road and County Road 101. This application includes a Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Conditional Use Permit, Variance, and a Site Plan. The Public Hearing for this item was held during the September 7, 2023, Planning Commission Meeting. After some discussion, the Planning Commission recommended approval of this item with the additional requirement that the applicant transition to municipal water and sewer once available. This item is scheduled for the September 28, 2023, Regular Meeting. 3. Bennett Garage CUP (PID 05-119-23-34-0019) (City File No. 23-014) Lee Bennett submitted a Conditional Use Permit application for a detached garage with sidewalls exceeding 10 feet in height in the front yard of 10208 Hage Drive. After the Planning Commission’s recommendation for approval at the August 3, 2023 meeting, the Council approved the CUP at the August 24, 2023, regular meeting. 4. Sunram IUP (PID 26-119-23-21-0006) (City File No. 23-015) Ryan Sunram Page 2 of 2 applied for an Interim Use Permit to allow staging and stockpiling soil for construction projects at 20305 County Road 50. The Public Hearing for this item was held during the September 7, 2023, Planning Commission Meeting. After some discussion the Planning Commission voted to recommend approval of the IUP request with the addition of a 35-foot maximum stockpile height. This item is scheduled for the September 28, 2023, Regular Meeting. 5. Corcoran Storage II (PID 31-119-23-33-0001) (City File No. 23-016) Scherber and Associates, LLC. applied for a Site Plan, Conditional Use Permit, Variance, and a Rezoning to allow a 6-building storage facility at 23730 Highway 55. The applicant requested the Council to table this item at the August 24, 2023, regular meeting, and return at the September 28, 2023, Council Meeting. 6. Kariniemi/Jensen Concept Plan (PID 11-119-23-21-0002) (City File No. 23-018) Nate Kariniemi submitted a concept plan for a proposed Open Space and Preservation plat subdivision at 20400 County Road 30. The concept consists of 16 single-family lots ranging from 1-2.2 acres and a 52.4-acre outlot. The applicant received Council feedback at the July 27. Since the July 27, 2023, regular meeting, the applicant has submitted more material for review. This item is scheduled to return to the City Council at the September 28, 2023, regular meeting. 7. South Fork Village Concept Plan (PID 01-119-23-44-0046) (City File No. 23-020) Fenway Land Company submitted a concept plan for an apartment complex on the Martin property, located on the southwest corner of Stieg Road and County Road 101. The concept includes a 100-unit market rate apartment, and an outlot that would allow the development of 1-2 retail/commercial spaces along Stieg Road. This item is still being reviewed for completeness but is expected to be reviewed by the City Council at the September 28, 2023, regular meeting. 8. Accessory Structure Zoning Ordinance Amendment (Citywide) (City File 23- 021) After some discussion at the August 24th Regular Meeting, Council directed staff to bring forward an amendment to Section 1030.020 of the Zoning Ordinance to allow flexibility from the eave and overhang requirements on new accessory buildings to match legal nonconforming structures on the property. This item is scheduled for the October 5, 2023, Planning Commission meeting. 9. Ordinance Cleanup (Citywide) (City File 23-022) At the request of staff, Council authorized Staff make minor edits to Title IX & X of the City Code. The edits address minor typographical errors, formatting errors, and other inconsistencies. The update will also include an expansion to the public hearing notice radius from 350 feet to 500 feet. This item is scheduled for the October 5, 2023, Planning Commission meeting.