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HomeMy WebLinkAbout0969 Ord (Establishment of Districts) r- . f .' ORDINANCE NO.: 969 AN ORDINANCE AMENDING THE STILLWATER CODE, CHAPTER 31 ENTITLED ZONING ORDINANCE BY AMENDING "THE ZONING MAP OF THE CITY" TO REZONE PROPERTY WITHIN THE CENTRAL BUSINESS DISTRICT (CBD) AND RB-TWO FAMILY DISTRICT (RB) BY CREATING OVERLAY DISTRICTS TO KNOWN AS THE CENTRAL BUSINESS DISTRICT RIVERSIDE (CBDR), CENTRAL BUSINESS DISTRICT P ARKSIDE (CBDP), CENTRAL BUSINESS DISTRICT HISTORIC (CBDH), CENTRAL BUSINESS DISTRICT BLUFFSIDE (CBDB), AND CENTRAL BUSINESS DISTRICT BLUFFTOP (CBDBT) The City Council of the City of Stillwater does ordain: 1. PURPOSE. The City Council finds that the Central Business District (CBD) has been the core area of the City and its most identifiable resource. Since 1930 when Lowell Park was established through the generosity of Elmore Lowell and the cooperation of the Federal Government WP A program, Lowell Park and the downtown have served as the gateway to the City. The CBD has become a desirable place to work, shop, live and enjoy cultural and recreational activities and it is therefore apparent that regulations be adopted that will preserve and enhance the essential character of the downtown and that structures be limited in height in order that structures close to the river not rise above the height of structures farther from the river. 2. AMENDING. A. Section 31-1, Subd. 10, Use districts, is amended by adding subsections (18), (19), (20), (21) and (22) that will hereafter read as follows: "(18) CBDR-Central Business District and RB Two Family District Riverside (19) CBDP-Central Business District Parkside (20) CBDH-Central Business District Historic (21) CBDB-Central Business District Bluffside (22) CBDBT -Central Business District Blufftop" B. Section 31-1, Subd. 17, CBD-central business district and RB- two family district, are amended by adding subsection (6) a, b, c, and d that will read as follows: "( 6) Overlay district regulations. . , a. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards regulations and provision ofthe Central Business District Riverside ("CBDR"). b. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards regulations and provision of the Central Business District Parkside ("CBDP"). c. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards regulations and provision of the Central Business District Historic ("CBDH"). d. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards regulations and provision of the Central Business District Bluffside ("CBDB"). e. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards regulations and provision of the Central Business District Blufftop ("CBDBT)." C. Section 31-1, Subd. 17(5), General regulations, is amended by adding a new subsection "a" that will hereafter read as follows: "a. Height of buildings: 1. CBDR-Central Business District Riverside. Maximum 1.5 stories or measured from the front street level Infill for vacant lots immediately adjacent to an existing building to within 10% higher or lower than the adjacent building. 2. CBDP-Central Business District Parkside. 20 feet -2- Maximum 2.5 stories or measured from the front street level Infill for vacant lots immediately adjacent to an existing building to within 10% higher or lower than the adjacent building. 3. CBDH-Central Business District Historic. 30 feet Maximum 3 stories or measured from the front street level Infill for vacant lots immediately adjacent to an existing building to within 10% higher or lower than the adjacent building. 4. CBDB-Central Business District Bluffside. 35 feet Maximum 4 stories or measured from the front street level Infill for vacant lots immediately adjacent to an existing building to within 10% higher or lower than the adjacent building. 5. CBDBT -Central Business District Blufftop. Maximum 3 stories or 35 feet measured from the front street level 45 feet Infill for vacant lots immediately adjacent to an existing building to within 10% higher or lower than the adjacent building." D. Section 31-1, Subd. 12(5)a, Development regulations, is amended by adding (5)a.8., which will hereafter read as follows: "8. Height limitations for parcels within the RB-two family district, subject to the CBDR Riverside overlay district. Maximum 1.5 stories or 20 feet measured from front street level." E. General regulations. In all overlay districts created by this ordinance, the following regulations will apply: "a. For flat roofed buildings, height will be measured from the lowest street curb level to the highest parapet wall of the proposed building. b. For peaked roofed buildings, height will be measured from the lowest curb level to the highest roof peak of the proposed building. c. In areas within the flood plain as depicted on the FEMA "Flood Insurance Rate Map," height will be measured starting from one (1) foot above the regional flood elevation of the property. - 3 - d. All properties abutting on Main Street with frontage on more than one street must have height measurements taken from the Main Street side. e. All properties along Third Street must have height measured from the Third Street side. f. Building s existing on April 18, 2006 will, for the purpose of this ordinance, will be in lawful height conformance for purposes of improvements, repairs, remodeling, or refinancing. This provision will not apply to buildings that are intentionally demolished. 3. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 4. EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 18th day of April, 2006. By #~~ ATTEST: 4~ d Ul:t1ce Diane F. Ward, City Clerk -4- EET (water Height Overlay District Height Height District Limit Riverside 1.5 Story/2D' Parks ide 2.5 Story/3D' Historic - 3 Story/35' Bluffside 4 Story/45' Bluff Top 3 Story/35' ~\\F:'~ Il-"< ~ ",\G"'~ ~ ~s~1l- \~~ SAINT CROIX RIVER N Jl ~~~$r~ W~!~~. E IS ::i r' OJ \to ~~ "~>'W \ o S 400 Feet City of . !water Height Overlay District Height Height District Limit Riverside 1.5 Story/2D' Parkside 2.5 Story/3D' Historic - 3 Story/35' Bluffside - 4 Story/45' Bluff Top - 3 Story/35' FLOOD PLAIN AREA 730' ELEVATION Gf(;. '0,....\0 ~j).--{ GY' T X R o Feet AFFIDAVIT OF PUBLICATION Still -w-aterGazette 5/5/06 1931 Onve Crest Blvd. Stillwater, MN 55082 .(tilX439-3130 Fax: (651) 4394711.-p _ State of Minnesota } 88. County of washington} -The 1Pfersigned, bcing duly sworn, on oaf;h, says that sIhe is the Pub1isber or -authorized agent and employee of the Publisher known as the StJ1lwater Gazette, aDd has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A.02. 331A07 and other apfllicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z. both inclusive, which is hereby acknowledged as being the size and ldnd type used in composition and publication of the of notice. ~ /- ::;.- . Published Authorized Agent - ~ - Subscribed and sworn to or affinned to me ontbis :{~ day of JAI11 --JiPffJ N..- , 2006. .ft.d~,- MOLLY M.-KRESS fliili~} NOTARY PUBLIC \~ . MINNESOTA ~It.l"".:l'" My Commission Expires Jan. 31. 2008 City of Stillwater 216 4th St N. Stillwater, MN 55082 Invoice #: 00005384 Terms: Net 30 Inches 40 1 Day DescriPtion _ Ordinance No 969 Published on 05/01 Price $7.90 Total $316.00 $316.00 Payment $316.00 $0.00 Sub Total Balance Due $316.00 mum rate per column inch under aota Law: $16.90 per 12-pica column . 8tlIIwMer .....: ..., 1; 2001 OR.DINANCE NO.: 969 AN ORDINANCE AMENDING THE SnLLWATER CODE, CHAPTER 31.ENTIT~D ZONING ORDINANCE BY AMENDING ".THE ZONING. MAP OF THE CITY" TO REZONE PROPERTY WITHIN THE CENTRAL BUSINESS DISTRICT (CBD) AND RB-TWO FAMILY DISTR.ICT (RB) BY CREATING OVERLAY DISTRICTS TO KNOWN AS THE CENTFlAL BUSINESS D1S'fRICT RIVERSIDE (CBIla), CENTRAL BUSINESS D1STRICTPARKSIDE' (CBDP), CENTRAL BUSINESS I;)ISTRICT HISTORIC (cBDH), CENTflAL BUSINESS .D1STRICTBLUFFSIDE (CBDB), AND CENTR1'L BUSINESS DISTRICT BLUFFTOP (CBOST) T~City Oouncilof the, City of Stillwater does ordain:. . 1. '. . PURPOSE. The. City Council findathllt the Central Business District (CBD) 'has been the core .area of the City and.1ts most identifiable resource. Since 1930 when Lowell Park was established through the generosity of Elmore Lowell and the cooperation of the Federal Government WPA program, Lowell Park and the downtown have served as the gateway to the City. TheCBD has beCome a desirable place tQ work, shop, live and enjoy cultural and recreational activities and it is therefore appar- el'll that regulations be adopted that.will preserve and enhance the essential character of the downtown and that structures be limited. in height in order that structures clOse to the river not rise above the height of structures farther from the river. 2. AMENDING. A. Section 31-1, Sub<!. 10, Use"districts, is amended by adding subsections (18), (19), (2Q), (21) and (22) that will hereafter relldas.follows: "(18) CBDR-Central Business District and AB Two Family District Riverside (9) CBDP-Central Business District Parkside (20) CBDH-CentralBusiTIess DistriCt Historic (21) CBDB-Central Business District Bluffside (22) CBDBT -Centra~ Business District B1ufftop" B. Section31-1. Subd.17, CBD-centralbusiness district andRB- iwo family district, are amended by adding subsection (6) a, b, c, and d that will read as follows: "(6) Overiay district regulations. a. In addition to, and not in lieu of other offjcial controls.. all. buildiFlgs and uses hereafter proposed for construction.whethilr on existing vacant parcels or parcels being vacated because of demolition or ..destruction of an existing structure, are subject to thE! standards regulations and provision' of the Central Business. District Riverside ("CBDR"),. .'... .. . '. '.' . b. In ac:Jdjtion to,and not in lieu of other official controls, all buildings and uses hereatbilr pI'OJJOsed for constrUction,whetheron existing vacant parcels or parcels being vacated because ofdemofltion ord~truction of an existing structure, are. subject to the atetKlards regulations and provision of the Central .Business District Park$ide ("CBPP"). .... .. ..' ... '.. .' c. .In addition to, and not in /Ieu. of othe; official controls, all buildings and uSes hereafter proposed for constl\lction, Whetl)er on existing .vacantparcels 01' parcels '~ing vacated because. of demolition 01' destruction of an existing structure, are subject to t/l8 standards regulations and provisIQn of the Central Business District Historic ' .(OCSDH").' . ..... ......... .. . ..... ....... . ..... . . . .' d. . . ..' .In addition to, and not .in lieu o.f other official controls, aI1 buildings and USll$ · . hereafter propo$ed for construction,wlletheron existing vacant parcels or parcelS be/i'I9 vacated because of demollt\t)n or .destiuction of an exi~ing structure, are subject to the standards regulatioO$and provision of the Centra/Business District Bluffslde ("eeDS"). ...... .......... .......... .' '. . II' '. .. . In addition to,. and ilOti!'l lieu. of other official controls, all buildings and uses hereaflet' proposed for constrl,lCflon, \V~t~r on existing vacant parCels or parcels .' . being vaceted because ofdelnolltion or destruction of an existing structure, are subj8ct to thestandarOs regulationS and pro",lsionof the Central Business District B1ufftop ("QB[)8T)." C. SectIon 31-1, Subd.17(5), G.l1$raIregulations. Is amended by adding a I1$w sub: seoflon 0." that wiU.hereafter \'El8da$ follows: "a Height of buftding$: .. .' . 1. .cBOR-centra/ Busll1$s$ OIstr1~ Rlverslc:t8. MaXimum' 1.5 stories or 20 feet rneasu,.afrom thefro~street 1~1 InfIlltor va~1ot& irnmec:lla'lely adjacent to an existing building. to within 1 0% higher 01' 10wel'1hanthe adjacem building.' . 2. CBDP-Central Business Di$triel Parkslde. . ~UITl . ....... . 2.5sto~ or" 30188t measured from the front street level Infill for vacant~ots imm~iately adjacelll'to an existi!lg building to within 10% hi9'*' of lower than the a(ljac:ent bu!!ding. . . '.. 3. . CBl)H-.CEmtral Bl,ISlness District HI 45 leet '.'?4,?c:.n~~~~. 35fMt ..... fI'GM ... fIont __ Ievet lnfill, for vllcantJots immediately adjacent to an existing building to wlthln 10% higher or iQwer than the adjacent building." . .' 5. O. Section 31-1, Subd. 12(5)a, Development regulations, is amend.dbYadding (5)a.8., which WIll hereafter read as folloWs: ' "8. ~~ limftetions f?r ~rcels within the RB-two family district, subject to the CBDR Riverside overlay district. Maximum 1.5 stories or 20 IElat meas~ ured from front street level." .E. General regulations. In all overlay districts created by this ordinance,. the following regulations wil~ 8ppIy: , ","a .For flat roofed buildings, height win be meli$ured from thelow~ street curblevel to the highest parapet wall of the proposed building. . ' b. For peaked roofed buildings, height wili be measured from the lowest curb lavel to thE! highest roof peak of the pro~ed building. c. In areas within the flood plain as depicted on the FEMA "FlOOd Insurance Rate Map," height will be measured stafllngfrom one (1 ) foot eoVe the regional flood elevation of the property. d; AD properties abutting on Main Street wjth frontage On more than orMJ street must have height mea8ur&lTlElOts taken from 'the ,Main street side.. e. AD propertil!l8 along Third Street must have height measured frornthe Third Street side.. . . . f. Building s existing on April 18, 2006 will, for the purpose of this ordinance will be In lawfUlhalght confotmante for purposes Ofimprovemenls, repairs remCIdeI-' lng, or refinancing. This provision will not apply to buildings that are intentkma,1y demolished. . . 3. . SAVING. In all other ways, the Stillwater City Code shall ren'lain' in .fuII force and Elffect. . 4. . EFFECTIVE DATI;. This Ordinance shall be effective upon its passage and public:ation according to law. . . . . '. . .. . . . Enacted by the City .cOUncil of the City of StUlwater this 18thdliy of AprH, 2006. ay Jay L. 1<iITlbIe, MayOI' ATTESl: Diane F. Ward, City Clerk, ~~~~.'.. .\ . ..' .' " . ~ . '. . . 1) II II If II Height O. ver1ay. District HeIght I. . HeIght Dlstrlct\ ~ Limit ~ ".\1.6~ - _ USIooyJ3O' H_ .. ;t$1ary/M' - _ ..-,...... Illull'Top'. :i$1ary/M' II.. ',' I I j n~ 1 I I I I I I ! i I i j I I I I I ! N II I. : ~ w"~.11 '.'" . i , s ~ ~"'J.l =.. ~-----.""-",,._,/) 511 '. ~::;::.: .~~ ~~v::::./ ~~-;~::'~~. - . SAINT CROIX RIVER