Development Business - Sheila Sellman, City Planner
Title
Title
Second Reading
Granting Amendments to Revise and Update Sections of the Blaine Zoning Ordinance. City of Blaine (Case File No. 22-0067/EES)
end
Executive Summary
Staff annually prepares an update to the zoning code based on issues that have arisen over the past year. Notable changes this year include adjustments to parking requirements for some uses, changes in variance criteria to conform to state statute, and modifying restrictions on home-based businesses.
Schedule of Actions
|
Planning Commission Public Hearing |
11/09/22 |
|
City Council (1st Reading) |
12/05/22 |
|
City Council (2nd Reading) |
12/19/22 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist
Staff annually reviews the zoning code to identify areas for improvement. This process was established following substantial revisions to the zoning code in 2020 to ensure that the code remains current and prevent the need for such substantial revisions. Changes generally serve to address situations not covered by the code, improve clarity, modify code requirements to address issues brought up by Council and Planning Commission, and to maintain compliance with state statute and other legal requirements.
Changes are also proposed to two sections of the Code of Ordinances for residential exterior storage and manufactured homes.
Legal Items
The definition of practical difficulty, which is used in variance considerations, does not match the statutory definition, and places a higher burden on the applicant than is allowed by state statute. The definition is proposed to be changed to match the definition provided in statute and the variance criteria are proposed to change to match the new definition.
An appeals process has been added allowing applicants to appeal a decision made by the city council to district court. This provision limits legal liability by providing for an appeals process through a third party.
The density requirement of the R-3 districts are in conflict with the comprehensive plan and the city attorney recommended removing those density requirements.
New Uses
Staff has received inquiries from proposed data centers, including cryptocurrency mining uses. This use is not currently addressed by the code. Staff is proposing a definition for data centers and allowing them as a permitted use in the I-1, I-1A, I-2, and I-2A districts. Due to the low job density of these uses, staff has not proposed allowing them in the PBD or POD districts that are intended to promote job growth.
In 2022, a taproom was proposed that is not accessory to a brewery. Staff found that the proposed use was similar to a restaurant and allowed for the use in a B-2 zoning district. For clarity, staff is proposing allowing for taprooms in the commercial districts where restaurants are allowed.
Modifications to Existing Uses
Liquor stores are proposed to be added as a conditional use in the PBD district. This use was removed accidently in the 2020 revisions when this section was reformatted to improve clarity.
Personal care, health care, recreation, fitness, or education related commercial services and brewer taprooms are a conditional use in the I-1 and I-2 districts. Staff proposes adding them to the I-1A and I-2A districts. Staff is not aware of any reason for excluding those uses from the I-1A and I-2A districts and believe it was likely unintentional when those uses were added to the I-1 and I-2 districts. Commercial kennels are allowed in the I-1, I-2, and I-2A districts as conditional uses. Staff is proposing adding commercial kennels as a conditional use to the I-1A district. Staff is not aware of any reason kennels were excluded from the I-1A district.
Small fitness centers (under 4,000 square feet) are proposed to be listed as a permitted use in the B-2 and B-3 districts. This change allows for small yoga studios and other similar businesses to occupy spaces more easily. Given the small square footage, staff is not concerned about parking which is the primary concern with larger fitness uses.
Home Occupations
A Conditional Use Permit (CUP) was considered in 2022 for a business with outside storage of garage doors and other deviations from the requirements for home occupations allowed without a CUP. Based on the review of that application, staff are proposing modifications to the home occupation ordinance to apply standards that cannot be deviated from, even with a CUP. Requirements applying to all home occupations include prohibition on outside storage, prohibition on use of mechanical equipment beyond domestic or hobby use, merchandise may not be regularly displayed for sale, retail may not be conducted unless through mail order or occasional home invitation, home occupation may not produce noise, odors or other hazards beyond the property line, and limitations on vehicle sizes used for the business and delivering to the business.
CUPs may be issued to allow for use of the garage for the business, larger square footage of the home being used for the business, employment of persons not living on the property, and having more than four customers daily.
Lastly, the code outlined a process for revoking CUPs for home occupations that differed from the process outlined for general CUPs. The process in this section does not comply with statutory requirements for CUPs. By removing this provision, the standards in 27.04 (f) apply.
Parking Requirements
Staff is proposing reducing the parking required for office uses from one space per 200 square feet to one space per 250 square feet. This is consistent with several similar communities, including Maple Grove and Plymouth, and recognizes that less parking is needed for many offices due to the growth of flexible schedules and hybrid work. The parking ratio for medical offices would remain at one space per 150 square feet.
The parking requirement for manufacturing is 1 space per 500 square feet plus 6 spaces. The reasoning for the additional six spaces is unknown, but 1 space per 500 is consistent with other communities and the additional six spaces can be difficult for small industrial buildings to provide. Staff proposes to remove the requirement for 6 additional stalls.
The parking requirement for apartments has been adjusted several times recently as the city attempts to right size parking requirements for apartments. Currently the requirement is one stall for every studio unit and two stalls per unit for each additional unit. The 105th Avenue Redevelopment District requires 1.5 stalls per unit. Staff is recommending basing the requirements on unit size to reduce unnecessary parking. Under the proposed code language, one stall would be required for each studio, one and a half for each one bedroom, and two for all larger units. This assumes that studios will typically be occupied by one driver, one-bedroom units will be a mixture of one and two drivers, and larger units will be occupied by two drivers. The Institute of Traffic Engineers recommends 1.2 stalls per unit and the Urban Land Institute recommends requiring 0.85 stalls per bedroom. The parking requirements in the newly created 105th Avenue Redevelopment District is 1.5 stalls per unit. Staff has heard from many developers that their baseline for suburban projects is one stall per bedroom. It is best practice to base parking requirements for multifamily projects on the unit mix rather than on a simple unit number. Based on the available information, staff believes that reducing the parking required as described will still provide adequate parking as it exceeds the recommendations of the ITE and ULI and will reduce the amount of unnecessary parking required.
Fences
The code limits fences in commercial and industrial districts to 7 feet. Fences above that height can be approved with a CUP in commercial and industrial districts upon evidence the fence is necessary to protect, buffer, or improve the premises. Staff recommends extending that provision to multifamily residential districts to allow for taller fences for screening adjacent to apartment buildings. Additionally, staff recommends exempting public properties from the need for a CUP for recreational fences. CUPs have not typically been required for these types of fences prior to issuing a fence permit but are technically required as the code is currently written.
For single family districts, rear and side yard fences are limited to six feet in height. CUPs may be issued for fences up to 10 feet in height adjacent to county, state, and federal roadways to control noise. CUPs have previously been issued for special purpose fences not adjacent to such roadways in residential districts, typically due to substantial differences in grade of neighboring properties. Staff is proposing to amend the special purpose fence provisions to allow for fences up to 10 feet when necessary due to difference in grade between neighboring properties.
Accessory Buildings
In late 2021 an application was received for a conditional use permit for more than two accessory buildings to allow for a total of four accessory buildings on an R-1 property. The CUP was approved with the condition that only three buildings were allowed. The justification for that condition was that historically CUPs had only been granted for up to three accessory buildings and that more than three was not consistent with the character of the R-1 districts. Staff is recommending revising the R-1 districts to only allow for up to three accessory buildings with a CUP.
Minimum Lot Sizes
All standard commercial districts (B-1 through B-4) have a minimum lot size of one acre. This standard was added with the 1984 zoning code adoption. Many existing lots do not meet that requirement and staff have been unable to identify a benefit in retaining that requirement. The more specialized commercial districts (PBD and B-5) do not have a minimum lot size requirement and the city council has previously approved rezonings to DF (Development Flex) on commercial projects that have been unable to meet the minimum lot size requirement, such as Blaine Square 2nd (Chipotle and Popeyes at 125th and Ulysses). Removing the lot size requirements makes it easier to redevelop older commercial properties on Highway 65, University Avenue, and in the Northtown area and is more in line with the trend in retail real estate towards freestanding buildings rather than strip centers.
Industrial Outside Storage Location
Outside storage is a conditional use in the I-1A, I-2, and I-2A districts, with more limitations on size and screening in the I-1A district. Currently, outside storage in I-2 and I-2A must be located in the rear yard and may be located in any yard in the I-1A district. Staff is proposing to allow outside storage in rear and side yards in all districts, with the provision that additional screening may be required for side yard storage. Many existing industrial sites have outside storage in side yards and remaining vacant industrial parcels typically have large wetlands that limit the ability to lay out sites.
Residential Storage Containers (PODs)
Small storage containers, often called PODs, have emerged in recent years for onsite storage or for moving. The code currently does not specifically address these containers, and therefore, they are technically prohibited as residential exterior storage. Staff has allowed them to be used for short term purposes for moving or during active construction. A change to the code is proposed to allow for use up to 30 days for moving or 180 days when there is active construction for remodeling, additions, or damage repair.
Manufactured Homes
The code allows for various temporary uses of manufactured homes and recreational vehicles. Changes are proposed to clarify the various circumstances under which these can be used and better align the code with current practices.
Housekeeping Changes
Quantities for required trees and shrubs are based on floor area and site perimeter. Staff has interpreted floor area as the building footprint, meaning that the same number of trees is required for a one-story building as for a two-story building as it covers the same portion of the site. Staff is proposing changing the code language to clarify that building footprint is used.
The current code does not specify a landscaping requirement for townhome developments. Through the DF zoning the city has required one overstory, one ornamental, and one conifer tree per townhome unit. The requirement is proposed to be added to improve clarity and consistency.
When adopted in 1984, the current zoning code included a graphic showing that on commercial lots with two front yards, the remaining yards would be designated as side yards. This graphic conflicts with the written definitions for front, rear, and side lots lines. Staff is proposing to modify the definitions to indicate that on commercial or industrial lots with multiple front yards the remaining yards be designated as side yards.
In the B-2 and B-3 districts larger setbacks are required adjacent to residential uses. That setback can be reduced through buffer yard flexibility, which involves installation of a fence and additional landscaping. The code currently only allows for buffer yard flexibility to be used on side yards, not rear yards. This is believed to be an omission and staff proposes allowing buffer yard flexibility on side and rear yards.
Outside retail display is allowed in B-2 and B-3 when code requirements are met. Many retail uses, including Target and both Walmart stores, are zoned PBD and often desire to have outdoor displays. Most commonly, seasonal displays such as pumpkins or flowers are desired. Staff does not see a reason to prohibit that display from the retail stores zoned PBD and proposes adding the outdoor display standards to the PBD district.
The parking design standards located in 33.13 (h) require a fence or wall be located around any parking lot with four or more spaces when adjacent to a residential property. This requirement is duplicative of the intent of the greater setbacks/buffer yard standards listed in the relevant zoning districts and is proposed to be removed. That section also provides lighting requirements that are more general than the lighting standards in 33.02. To eliminate confusion, staff proposes removing the lighting standards from the parking section.
The standards for rear yard chickens can be read as to allow for composting of chicken waste on site. This conflicts with the standards in Chapter 34, Article IV of the Code of Ordinances and state statute, both of which prohibit composting of animal waste on residential properties. A clarification that on site composting of chicken waste is proposed.
Strategic Plan Relationship
Many of the changes serve to meet the information needs of the community by improving the clarity of the zoning code.
Board/Commission Review
The Planning Commission voted unanimously to approve the Code Amendment. There were no comments at the public hearing. The Planning Commission did not review the two amendments proposed to the Code of Ordinances, since the Planning Commission only reviews changes to the Zoning Code.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
2. Posted on the City’s website.
Staff Recommendation
By motion, approve the ordinance.
Attachment List
Zoning Ordinance
Unapproved Planning Commission Minutes 11/9/22
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in overstrike.)
See attached ordinance.
INTRODUCED and read in full this 5th day of December, 2022.
PASSED by the City Council of the City of Blaine this 19th day of December, 2022.