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HomeMy WebLinkAbout1145 Ord (CPC Case No. 2020-09 Zoning Text Amendment to create new zoning district, Highway Mixed Use or HMU)ORDINANCE NO. 1145 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31 BY AMENDING SECTION 31-210 REGARDING PLANNED UNIT DEVELOPMENT STANDARDS, AMENDING SECTION 31-315 RELATING TO ALLOWABLE USES IN RESIDENTIAL ZONING DISTRICTS, AMENDING SECTION 31-325 RELATING TO ALLOWABLE USES IN NON-RESIDENTIAL DISTRICTS, AND ADDING SECTION 31-326 CREATING A HMU, HIGHWAY MIXED USE ZONING DISTRICT. The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-210(b) relating to Planned Unit Developments is hereby amended by: A. Adding the following subsection and renumbering each subsequent subsection: (7) Aggregate impervious coverage for a mixed -use PUD must not exceed the maximum lot coverage (impervious) standard for its underlying zoning district though individual lots may exceed the maximum. B. Replacing current subsection (1 1) with the following language: (12) A building setback from property which is adjacent to the PUD site and that is zoned or being used for a less intensive use must be at least equal to twice the proposed building's height, except in a Highway Mixed Use PUD, where the building setback must be no less than 50 feet. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-315 relating to allowable uses in Residential Zoning Districts is hereby replaced with the following: Sec. 31-315. - Allowable uses in residential districts. ALLOWABLE USES ZONING DISTRICTS ! A-P LR CTR RA TR CCR RB CR 1 TH CTHR RCL RCM RR HMU 16 Single-family dwelling 1 P P P P P P P P P CUP P Two-family dwelling 1 P P 2 CUP r Attached single-family dwelling or townhouse 3 CUP P Townhouse, row house, group house 1 ■ P Multifamily dwelling ° and condominiums CUP P Accessory dwelling (See Section 31-501) CUP P CUP P Duplex accessory unit (See Section 31-502) CUP 1 Roominghouses 1 P CUP SUP CUP P CUP P Type I home occupation (See Section 31-500) P CUP P P P CUP A CUP CUP Type II home occupation (See Section 31-500) CUP CUP CUP CUP 10 CUP CUP CUP CUP Type III home occupation (See Section 31-500) CUP CUP r Accessory building and use A A A 5 A A 6 A' A a A A A J ' Public schools P CUP 1 i Elementary school CUP P CUP Public and private primary and secondary schools 9 CUP 1° CUP 9,10 Early childhood education CUP Parks, playgrounds and other open space areas P P P P P P P P P P Private recreation facility A A Church or other place of worship CUP 10 CUP 1° P CUP Cemeteries CUP 10 CUP 10 Hospital, nursing home or rest home CUP 10 CUP 10 r Institutional building P CUP Bed & Breakfast (Type D Short Term Home Rental) CUP 10 P 11 CUP Short Term Home Rental; Type A and B P P P P P P P P P P P P P P Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP I Off street parking & loading A A Agricultural uses P T Agricultural produce sales P P 14 Commercial greenhouse P Fish hatcheries and aviaries P Fishing lakes and picnic groves 12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P P Essential services P P P P P P P P P P P CUP P P r Commercial uses not found objectionable by neighbors Retail business of a corner store nature r CUP CUP 2 Senior care living facilities Armory Municipal fire station CUP CUP 13 CUP CUP' CUP to CUP 10 Small Wireless Facilities Small Wireless Facilities in the Right -of -Way P P P P P P P P P P P P Personal Outdoor Storage 1 p 15 P = Permitted use CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 1 Only one principal structure is allowed on a parcel. 2Two-family dwelling allowed only on corner lots. 3 An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 'Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a conditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). 6Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 7Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 8 Garage is limited to two stalls wide. 9Including accessory buildings and uses located upon property contiguous to that occupied by the main building. 'CUP may only be issued by city council. 1 Must be located at least 900 feet from another bed & breakfast. 12No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of 5 acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers' markets or by delivery. 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 16 Multi -family residential is an allowable use within this district, but shall not be the predominate use as determined by less than 30% of usable land area designated as multi -family use. SECTION 3. AMENDMENT. Stillwater City Code Chapter 31-325 relating to allowable uses in Non-residential Zoning Districts is hereby replaced with the following: Sec. 31-325. - Allowable uses in non-residential districts. ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA IPWFD PROS HMU Retail General retail business uses or service; local market 1 P CUP P CUP P General retail business uses or service; local and regional market P P P CUP CUP 19 Specialty retail, incl. antique shops P P Department store P P P P 3 i Drugstore Interior decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating P P 1 P P P Appliances and furniture, sale of P P P P Household goods, sale of P (including china) P Books, magazines, newspapers, stationary; sale of P P Gifts, flowers, photographic supplies; sale of P P Tobacco products; sale of P P Hardware, sale of P P P Sporting goods; sale of P P 1 Music store P P P Retail: Food Supermarket, retail food P CUP P P Baked goods, manufacture/retail sale of (<_ 5 persons employed) P P P Baked goods, manufacture/retail sale of (> 5 persons employed) CUP 2 P P Eating establishments Restaurants 3 P CUP CUP P CUP P Fast food outlet P P Tea rooms, deli, coffee shops, soda fountains, not including the sale of alcoholic beverages CUP P Outside eating establishments CUP P Drive-in or drive -through: restaurant, eating places or any other use involving a drive-in or drive -through activity CUP CUP CUP Services Barber or beauty shops P P P P Shoe repair shop P P Printing shop P P Photo processing CUP Tailoring or pressing P P 4 Banks Offices Automotiv Entertainme Laundry; agencies, self- service, full service, dry cleaning. P P P P Laundry employing> 5 persons CUP CUP ^ CUP ' Carpet, bag and rug cleaning CUP' Banks and financial institutions 1 p T P p I CUP p Office; general, business or professional P P P P Offices; finance, insurance, editorial or real estate services P CUP I P 1 P P P Offices; administrative P P P Offices; business offices that are accessory to permitted uses on the site I !I CUP P Office building P P Consultant services such as advertising, engineering, architects and designers CUP P Radio or television stations P CUP P Offices; medical and dental p CUP P P P P P Office display or sales space s P P 1 I Automotive sales, service and storage, excluding gasoline filling stations. (See Section 31-515 for performance standards) P Service stations or fuel sales (See Section 31-515 for performance standards) CUP CUP Gasoline filling station CUP 2 CUPS Auto repair and related services CUP P 6 it Commercial recreational uses CUP P Commercial recreational entertainment CUP P 5 i Amusement and recreational establishments' P CUP CUP 24 - P Outside entertainment, commercial 8 CUP P i 4 i Outdoors 1 Outside sales or special events 8 CUP CUP CUP CUP CUP Outside storage g CUP 9 CUP 10 Commercial nurseries CUP CUP Exterior phonographs, paging systems, musical instruments, etc that may disturb the peace and quiet of the public CUP Parks P P Trails P P Park structures 11 P P Playgrounds P P Nature preserve P Athletic fields withlights 12 CUP Outside tennis courts with lights 13 CUP Outside basketball courts with lights 13 CUP Outside hockey rinks with lights 13 CUP Athletic fields without lights 13 P Outside tennis courts without lights P Outside basketball courts without lights P Outside hockey rinks without lights P Recreation center 14 CUP CUP Multiple purpose park building CUP CUP Golf course P Golf course club house CUP Dog park CUP Public boat launch CUP Other passive recreational or natural open spaces P 6 Parking lot ACC 1 Institutional Schools, business and technical P P CUP Schools and studios for arts and crafts, photography, music, dance P P Educational institutions, schools CUP Libraries, art galleries, theaters for the performing arts, and other such cultural facilities CUP CUP CUP CUP Libraries or post office P Churches, other places of worship P Day care/nurseries CUP CUP CUP 15 Group day care P Governmental facilities CUP CUP Fire station 1 ! I I CUP Hospitals, convalescent hospitals and nursing homes CUP Hotel or motel P C16P CUP P Manufacturing Manufacturing, limited 17 Manufacture of baked goods P Manufacturing, processing, fabrication or assembling of limited commodity 18 CUP Retail sales of products manufactured on the site 19 CUP Wholesale/storage Wholesale trade P CUP CUP Warehousing and outside storage CUP Warehousing and inside storage CUP Mini -storage CUP Industrial Light industrial that is clean and compatible with surrounding properties CUP 7 Limited bottling works 20 CUP CUP 1 J Printing & publishing or lithographic shop SUP CUP CUP CUP Laboratories • Laboratories 1 Chemical laboratories CUP Research establishment of industrial, medical or scientific nature CUP Research facilities or research laboratories P P lsportation/public works/etc. Transportation station or terminal P CUP CUP P CUP i P Helipads Public works facilityr including office and meeting space P 1 PUD Essential services — — P P P P P P P P Public utility transmission lines and facilities Telephone exchange P P Parking facilities CUP CUP Private parking facilities > five cars CUP Misc. Funeral home or mortuary p CUP CUP P Club or lodge P Dog Training Facility 26 CUP Residences of all classes CUP CUP CUP CUP Temporary structures CUP Short Term Home Rental; Type A and B p 25 Short Term Home Rental; Type C CUP Small Wireless Facilities in the Right -of -Way P P P P P P P P P P Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP P = Permitted use CUP = Use permitted with a Conditional Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use 8 ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed. 1 Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services. 2 SUP may only be issued by the city council. 3Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive-in establishments. 4 SUP may only be issued by the city council. `For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 6Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building. 7 Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises. 8 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis. 9AIl outside storage shall be screened by a solid wall or fence and landscaping for public view. 1°Must be screened. 11 Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures: but not including multiple purpose park buildings or recreation center buildings. 12 Six -acre minimum site area. 13 Three -acre minimum site area. 14 Ten -acre minimum site area. 15Including pre-schools. 16 Hotel or motel or other uses providing visitors with overnight accommodations. 17 Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories. 18 Except junk or storage. 19Either one or the other of the following scenarios applies. A) If the retail sales are limited to products manufactured on the premises, then up to 20 percent of a building's floor area may be used for retail purposes. B) If all of the products offered for retail sale are not produced on the premises, then a total of only 10% of a building's floor area, or 4,000 square feet, whichever is less, may be dedicated to retail sales; however, the retail sales must be of products associated with a primary service offered by the business on the premises. 20The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system associated with the bottling line. 21 Residences of second level only. 22 Gross receipts must be at least 60% attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre-recorded songs that may only be played as background music and then only without a DJ. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:30 p.m. Friday and Saturday. The closing time in the preceding sentence means when the last call for service must occur. Happy hour specials must cease at 6:00 p.m. 23 Residences subject to RCM regulations. 24 Provided the special use permit review criteria found in § 31-207 and all of the performance standards found in § 31-515.1 are met. 25 If Type A or B Short Term Home Rental is proposed in a residence where no Special or Conditional Use Permit already exists for the property, then the property owner must obtain a Conditional Use Permit for the short term rental residence prior to the issuance of a Short Term Home Rental License. 26 Performance standards found in City Code Sec 31-515.2 apply to all Dog Training Facilities. SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-326, relating to a new Zoning District to be known as HMU, Highway Mixed Use is hereby enacted as follows. The enactment adds a Highway Mixed Use zoning district along Highway 36 in areas served with interchange access in order to foster economic development. Permitted and conditional uses are identified in the Use Tables, but are primarily business -related uses and multifamily residential. 9 Division 4. — MIXED USE ZONING DISTRICTS Sec. 31-326 - HMU highway mixed -use district. Highway mixed -use (HMU) zoning district shall be regulated as follows: (a) Purposes. The purposes of the HMU district are to: (1) Align with the intent and goals of the city's Comprehensive Plan. (2) Maximize the types of uses of property along the Highway 36 corridor that are served with interchange access to foster economic development for the community and support the city's housing goals. (3) Facilitate the development and integration of diversified commercial, retail, and employment establishments with high density multi -family residential uses in areas along the Highway 36 corridor that are served with interchange access. (4) Encourage each development or redevelopment project to create a central point such as a central public space. green space. or plaza type gathering place. (b) Allowable uses. (1) See Table in Sections 33-315 and 331-325 for the allowable uses within this district. (2) Multi -family residential is an allowable use within this district, but shall not be the i re gate use as determined hew less exceed more than;50% of usable land area Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Sections 33-315 and 31-325 for the HMU district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the planning commission and the conditional use permit approved and issued by the city council. Massing regulations. (3) (c) r Building height, maximum 55 feet or 5 stories, whichever is greater Lot area, minimum One-half acre Front yard setback, minimum' 40 feet ' Side yard setback, minimum 1 20 feet � r Rear yard setback, minimum 30 feet Setback from abutting residential, minimum 50 feet Lot area coverage (impervious), maximum 80% 'Front and side setbacks shall be landscaped. 10 SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance: 1) creates the HMU, Highway Mixed Use Zoning District; 2) amends the residential zoning use table by adding the HMU Zoning District; 3) amends the non- residential zoning use table by adding the HMU Zoning District; and 4) amends the Planned Unit Development standards by adding items related to the HMU Zoning District. The purpose of the HMU Zoning District is to add mixed use zoning district along Highway 36 in areas served with interchange access in order to foster economic development. Permitted and conditional uses are identified in the Use Tables, but are primarily business -related uses and multifamily residential. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this ATTE Beth Wolf, City Clerk day of 11 2020. CITY OF STILLWATER Ted Kozlowski, Mayor AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/21/2020 and the last insertion being on 08/21/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: L, Designated Agent Subscribed and sworn to or affirmed before me on 08/21/2020 by Diane Erickson. OGIA9-97-t fin ekt0-0-cr. Notary Public '''' DARLENE MARIE MACPHERSON Notary Public Minnesota Commission Expires January 31,2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 1145 AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31 BY AMENDING SECTION 31- 210 REGARDING PLANNED UNIT DEVELOPMENT STANDARDS, AMENDING SECTION 31-315 RELATING TO ALLOWABLE USES IN RESIDENTIAL ZONING DISTRICTS, AMENDING SECTION 31-325 RELATING TO ALLOWABLE USES IN NON-RESIDENTIAL DISTRICTS, AND ADDING SECTION 31-326 CREATING A HMU, HIGHWAY MIXED USE ZONING DISTRICT The City Council of the City of Stillwater does ordain: The ordinance: 1) creates the HMU, Highway Mixed Use Zoning District; 2) amends the residential zoning use table by adding the HMU Zoning District; 3) amends the non-residential zoning use table by adding the HMU Zoning District; and 4) amends the Planned Unit Development standards by adding items related to the HMU Zoning District. The purpose of the HMU Zoning Dis- trict is to add mixed use zoning district along Highway 36 in areas served with interchange access in order to foster economic development. Permit- ted and conditional uses are identified in the Use Tables, but are primarily business -related uses and multifamily residential. Approved this 18th day of August, 2020 . Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette August 21, 2020 1069177 Ad ID 1069177