HomeMy WebLinkAbout9C - Zoning Ord. Amendment
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
APRIL 5, 2004
9C
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO
THE MINIMUM ARCHITECTURAL MATERIAL STANDARDS
(Case File #04-24)
AGENDA ITEM:
INTRODUCTION:
Historv: On December 15, 2003, the City Council and Planning
Commission held a joint workshop to discuss potential zoning ordinance
amendments, including an amendment allowing additional materials to be
considered Class I materials.
The Planning Commission held a public hearing on February 23, 2004,
and continued the public hearing on March 8,2004, to consider an
amendment to the minimum architectural material standards. During the
public hearing and continued public hearing representatives of Wensmann
Homes expressed concern about how the proposed amendment would
impact the 1 O-unit town home buildings in Wensmann 4th Addition
On March 22, 2004, the Planning Commission unanimously
recommended approval of an amendment to the minimum material
standards that includes the following provisions:
(1) allows fiber cement siding as a Class la material and places
criteria on its application when used in combination with Class I
materials,
(2) considers synthetic stucco a Class I material,
(3) defines higher impact rated vinyl siding,
(4) increases the number of units in one residential building that must
adhere to the more strict material standards to eight,
(5) permits metal garage doors to be a maximum of 20 percent of a
residential building face, and
(6) sets criteria for use of non-listed materials.
Backaround: Section 1107.2200 of the Zoning Ordinance regulates
exterior materials of commercial, industrial, multi-family residential
(projects of 3 or more dwelling units per building), public, and institutional
uses. Exterior surface materials are currently divided into three classes:
Class I, Class II, and Class III.
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Class I materials are brick, marble, granite or other natural stone, textured
cement stucco, copper, porcelain, and glass. On residential structures
with four or fewer units wood and vinyl siding are considered Class I
materials. At least 60 percent of each residential (with more than four
units) or commercial building face visible from off-site must be constructed
of Class I materials.
Class /I materials include exposed aggregate concrete panels, burnished
concrete block, integral colored split face (rock face) and exposed
aggregate concrete block, cast-in-place concrete, artificial stucco (such as
EIFS), artificial stone, and prefinished metal.
Class III materials, which may occupy no more than 10 percent of a
building face, consist of unpainted or surface painted concrete block
(scored or unscored), unpainted or surface painted plain or ribbed
concrete panels, and unfinished or surface painted metal.
The discussion about permitted materials surfaced in 2003, when
Wensmann Homes proposed to install fiber cement siding on the single
family attached units proposed in Wensmann 4th Addition. This type of
material is not listed in the three classifications, so it cannot be approved
without a Variance or Zoning Ordinance Amendment.
Fiber cement siding is a generic term for all cement-based siding. This
product resembles wood siding in appearance and can be painted, but it is
considered more durable. The building inspection department considers
this siding a long-lasting product, and recommends it be included with the
permitted materials. "Hardiplank" by James Hardie is a popular brand.
DISCUSSION:
Issues: The following analysis addresses six different amendment
provisions: (1) fiber cement siding/Class la material, (2) synthetic stucco,
(3) vinyl siding, (4) residential unit standards, (5) metal residential garage
doors, and (6) criteria for use non-listed materials.
(1) Fiber cement sidina/Class la material
The Planning Commission supported staff's recommendation to include
fiber cement siding as a "Class la" material. "Class 1 a" materials are
distinct from the Class I materials. Class 1 a materials are appropriate but
at a reduced percentage of the wall area than Class I materials, and on
specific uses.
As a means of defining the material categories beyond "class," staff
considers Class I materials more "natural" products because they are
durable and relatively maintenance free, whereas Class II materials are
cement-based products, mostly utilized on commercial or industrial
buildings. Fiber cement siding cannot be logically included with the Class
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I materials because it does not meet the "natural" definition, and should
not be included with the Class II materials because they are aesthetically
incompatible, thus the new classification. Because of their composition,
Class la materials should be the mid-point between Class I and Class II
materials. This definition should be considered when additional materials
are added to the Class la material category in the future.
(a) Combination of Class I and Class la Materials
A combination of Class I and Class la materials is permitted so long as the
following two criteria are met: (1) the combination must be equal to or
greater than 60 percent of the building face and (2) Class la materials are
credited at .75 square feet for each one square foot. This language will
enable Class la materials to occupy a greater percentage of building face
than Class I materials, as shown in Table 1.
TABLE 1
EXAMPLE APPLICATIONS OF CLASS I AND CLASS IA COMBINATIONS
Building
Face Total 1,000 square feet 2,000 square feet
Material Class I Class la Class I Class la
Area 300 square 400 square feet 600 square feet 800 square feet
feet .75 .75
300 square feet 600
Percent 30 percent 30 percent 30 percent 30 percent
(b) Other Options
If a greater percentage of Class la materials is the result of this provision,
then the distinction between the two classes becomes hazy. The City
Council may wish to consider whether fiber board siding should be a
Class I material for residential, or for all uses. Another option would be to
keep the Class la distinction and allow Class la materials to be a
maximum of 30 percent of a building face regardless of the use.
(c) Residential Buildings
In addition, the Commission supported staff's recommendation to consider
fiber cement siding a Class I material for residential buildings with four or
fewer units. (Note: The "four or fewer units" requirement is discussed
below. Based upon the Planning Commission's direction, staff
recommends that the number be increased to eight.)
(2) Synthetic stucco
The Planning Commission also recommended that synthetic stucco (or
EIFS) be considered a Class I rather than a Class II material. EIFS is
similar to cement stucco, which is considered a Class I material, but the
application process is different. Nonetheless, the appearance is the
same.
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As a condition of being considered a Class I material, synthetic stucco
must be placed a minimum of eight feet from the foundation of the
building. The building base must be constructed of a different permitted
material.
(3) Vinyl Sidina
The Planning Commission also recommended the ordinance require a
"higher grade" of vinyl. Staff has incorporated this comment into the draft
ordinance, requiring a "higher impact rated vinyl siding." "Higher impact
rated vinyl siding" means siding at least .044 inches in thickness.
(4) Residential Unit Standards
The Planning Commission also discussed increasing the number of
attached residential units that must adhere to the more strict material
standards. Currently, the ordinance permits wood or vinyl siding as a
Class I material on any residential building containing four or fewer
dwelling units. The Commission recommended changing the threshold to
eight or fewer units. (Note: The minimum architectural material design
standards apply only to residential projects containing three or more
dwelling units per building.)
(5) Metal Residential Garaae Doors
A typical metal garage door is 16 feet in width and 8 feet in height (128
square feet). The current architectural standards limit metal materials to
10 percent of the building face. So much of the time, the metal garage
door exceeds the limitation. Although staff has not considered garage
doors against this maximum percentage, the Planning Commission
recommended metal garage doors be allowed to occupy up to 20 percent
of the building face. Essentially, this amendment will codify current
practice, as well as provide design flexibility.
(6) Criteria for Use of Non-Listed Materials
In an effort to make the material standards provision more adaptable to
the technological advances in exterior building products, the Planning
Commission recommended staff have authority to apply specific criteria in
deciding whether a material not listed is acceptable in lieu of an
enumerated material. Non-listed material must comply with the four
specific criteria as follows:
(1) Is a result of new technology;
(2) Is equal to or better in quality and durability than those materials
identified; and
(3) Meets the spirit and intent of the ordinance.
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In addition, the applicant must submit the manufacturer's warranty of the
non-listed material, and the provision does not intend to reduce the
percentage of required materials.
Zonina Ordinance Amendment Findinas:
Section 1108.600 of the Zoning Ordinance states that recommendations
of the Planning Commission and final determinations of the City Council
shall be supported by findings addressing the relationship of the proposed
amendment to the following policies:
1. There is a public need for the amendment.
There is a public need for the amendment. It expands and refines
minimum architectural standards for residential, commercial, industrial,
public, and institutional uses. Moreover, it provides staff with the
discretion to permit non-listed materials provided all four criteria in the
ordinance are met.
2. The amendment will accomplish one or more of the purposes of
this Ordinance, the Comprehensive Plan, or other adopted plans or
policies of the City.
The Zoning Ordinance purports to:
. Protect the residential, business, industrial and public areas of the
community and maintain their stability.
. Limit congestion in the public rights-of-way.
. Enhance the aesthetic character and appearance of the City.
Objectives and policies of the Comprehensive Plan include:
. Enact and maintain policies and ordinances to ensure the public
safety, health, and welfare.
. Maintain high standards in the promotion and development of
commerce and industry.
. Ensure fair and impartial hearings and application of ordinances.
The proposed amendment strives to accomplish the purpose of the
Zoning Ordinance and the objectives and policies of the Comprehensive
Plan by adopting minimum architectural standards for residential,
commercial, industrial, public, and institutional structures.
3. The adoption of the amendment is consistent with State and/or
Federal requirements.
This amendment is consistent with federal and state laws.
CONCLUSION:
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ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
REVIEWED BY:
In conclusion, the proposed amendment to the minimum architectural
material standards:
(1) allows fiber cement siding as the newly-created IIClass la"
material and places two criteria on its application when used in
combination with Class I materials,
(2) considers synthetic stucco a Class I material,
(3) defines higher impact rated vinyl siding,
(4) increases the number of units in one residential building that must
adhere to the more strict material standards from four to eight,
(5) permits metal garage doors to be a maximum of 20 percent of a
residential building face, and
(6) provides criteria that will allow staff to approve non-listed
materials.
The City Council may wish to consider whether Class la materials should
be limited to a straight percentage of the building face or whether it should
be considered a Class I material. The reason being, Class la materials, in
the end, may occupy a greater percentage of the building face than Class
I materials. The distinction between the two classes seems unclear. If
Class I materials are considered more valuable, then they should occupy
a greater percentage of the building wall, not Class la materials.
Based upon the findings set forth in this report, staff recommends
approval.
The City Council has three alternatives:
1. Adopt the ordinance amendment.
2. Deny the ordinance amendment.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. This action requires the following
motions:
1. A motion and second amending the Zoning Ordinance to revise
minimum architectural material standards.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
ell Y UF PKIUR. LAKE
ORDINANCE NO. 04-XX
AN ORDINANCE AMENDING SECTION 1107.2200 OF THE
PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1107.2200 of the Zoning Ordinance is hereby amended as
follows:
1107.2201 Purpose. The purpose of this Section is to serve the public interest
by requiring development in the City to meet certain minimum
architectural design standards. Through a comprehensive review
of both functional and aesthetic aspects of new or intensified
developments, the City needs to accomplish all of the following
objectives:
>> Implement the goals and policies set out in its
Comprehensive Plan;
>> Preserve the character of residential neighborhoods and the
City's commercial and industrial areas;
>> Maintain and improve the City tax base;
>> Reduce the impacts of dissimilar land uses;
~ Promote orderly and safe flow of vehicular and pedestrian
traffic;
~ Discourage the development of identical and similar building
facades which detract from the character and appearance of
the neighborhood;
>> Preserve the natural and built environment; and
>> Minimize adverse impacts on adjacent properties from
buildings which are or may become unsightly.
1107.2202 Standards. The provisions in subsection 1107.2202 apply to
commercial, industrial, multi-family residential (projects of 3 or more
dwelling units per building), public and institutional uses.
(1) The visual impact of rooftop equipment shall be minimized using
one of the following methods:
>> A parapet wall.
>> A fence or screen, the height of which extends at least 1 foot
above the top of the rooftop equipment and incorporates the
architectural features of the building.
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~ The rooftop equipment shall be painted to match the roof
facing material of building.
(2) The development must locate the noise-producing portions of the
development, such as loading docks, outside storage and outside
activity away from adjacent residential areas.
(3) All outside storage areas shall be screened to minimize oft-site
views using a bufteryard type "C" or greater, as defined by Section
1107.2005.
(4) Utility service structures such as utility meters, utility lines,
transformers, above ground tanks, refuse handling, loading docks,
maintenance structures, and other ancillary equipment must be
inside a building or be entirely screened from oft-site views.
(5) All utility services shall be under ground except as provided
elsewhere in this Ordinance.
(6) Exterior surface materials of buildings shall be subject to the
following regulations:
a. Classes of Materials: For the purpose of this subsection,
materials shall be divided into Class I, Class la, Class II and Class
III categories as follows:
Class I: Brick, marble, granite or other natural stone, textured
cement or synthetic stucco, copper, porcelain, and glass are Class I
exterior building materials on buildings other than those used as
dwellings which contain fGYf eioht or fewer dwelling units.
Synthetic stucco shall be installed a minimum of eioht feet above
the foundation of the buildino. Wood. fiber cement or hioher impact
rated vinyl siding (at least .044 inches in thickness) and prefinished
metal are Class I materials on residential buildings containing fGYf
eioht or fewer dwelling units in addition to the other Class I
materials listed in this subsection.
Class la: Fiber cement sidino.
Class II: Exposed aggregate concrete panels, burnished concrete
block, integral colored split face (rock face) and exposed aggregate
concrete block, cast-in-place concrete, artificial stucco (such as
EIFS), artificial stone, and prefinished metal.
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Class III: Unpainted or surface painted concrete block (scored or
unscored), unpainted or surface painted plain or ribbed concrete
panels, and unfinished or surface painted metal.
b. Minimum Use of Class I Materials Required. At least 600/0
of each building face visible from off-site must be constructed with
Class I materials except as permitted by subsection 1107.2202 &
Q) below. Where Class la materials are used in combination with
Class I materials the sum of the Class I and Class la materials shall
be equal to or oreater than 60%. Class la materials are credited at
.75 square feet for each 1 square foot.
c. Maximum Use of Class III Materials Permitted. Not more
than 100/0 of each building face visible from oft-site may be of Class
III materials. Metal oaraoe doors on residential structures may not
exceed 200/0 of the buildino face. Portions of buildings not visible
from oft the site may be constructed of greater percentages of
Class II or Class III materials if the structure otherwise conforms to
all City Ordinances. The mixture of building materials must be
compatibly integrated.
Go d. Buildings in the General Industrial Use District: Class I
materials may be reduced to a minimum of 25% for buildings in the
1-1 Use District which are not located on a principal arterial, minor
arterial, major collector, or adjacent to or across from any "R" Use
District, provided that the remaining materials are functionally and
durably equal to a Class I material as certified by the developer's
architect or the manufacturer.
Class I materials may be reduced to a minimum of 25% for building
walls in the "1-1" Use District facing on a principal arterial, minor
arterial or major collector, or adjacent to or across from any "R" Use
District, provided that the remaining materials are functionally and
durably equal to a Class I material as certified by the developer's
architect or the product manufacturer and that the architectural
design and site plan meet the following minimum criteria:
~ The exposed height of the building wall shall not exceed 15
feet.
~ The number of required plants shall be increased by 200/0 or
the size of 200/0 of the overstory trees installed shall be
increased to 3 1/2 caliper inches.
~ A minimum of 100/0 of the building facade must be windows
or glass spandrels.
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e. Use of Non-Listed Materials: Staff may permit an exterior
surface material not identified in subsection 1107.2202 (6)
provided the material:
~ Is a result of new technoloov:
~ Is equal to or better in Qualitv and durabilitv than those
materials identified; and
~ Meets the spirit and intent of this section.
The applicant must submit the manufacturer's warranty of the non-
listed material. This subsection does not intend to reduce the
percentaoe of required materials.
(7) In addition to the minimum criteria, the following additional
architectural design elements may be considered in determining
whether to permit the reduced use of Class I materials: building
bulk, general massing, roof treatment, proportion of openings,
facade design elements and variation, fenestration, compatibility of
materials, color, and texture. Site plan design elements which will
be considered in determining whether to reduce the Class I building
material requirement include quantity, quality, variation,
compatibility, and size of plant materials, landscape berms and
screening walls. Also considered will be the overall harmony and
unity of the various elements of the architectural design and site
plan within the site and also within the larger context of the area or
corridor.
Generally, buildings of lower height, lesser bulk, pitched or gabled
roofs, variations in facade, and numerous fenestrations and
openings will be considered eligible for a reduction in the use of
Class I materials. Generally, site plans with increased amount,
variation and size of landscape materials and higher landscape
berms and screening walls will be considered eligible for Class I
material reduction.
(8) Building design shall be consistent with the following requirements:
a. The height, bulk, general massing, roof treatment, materials,
colors, textures, major divisions, and proportions of a new or
remodeled building shall be compatible in design style and
character with that of other buildings on the site and on adjacent
sites.
b. No unbroken building wall may exceed a 4:1 ratio of wall
length to wall height, and each building wall deviation at the 4:1
ratio shall be a minimum depth of 4 feet; where a maximum 3: 1 wall
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length to wall height ratio is used, the minimum depth of each
building wall deviation may be reduced to 3 feet; where a maximum
2:1 wall length to wall height ratio is used, the minimum depth of
each building wall deviation may be reduced to 2 feet.
c. No building may display more than 50/0 of any elevation
surface in bright, pure accent colors.
d. Design review shall be done by the Planning Department.
e. The site lighting shall provide adequate light for the safety
and welfare of persons using the site but shall not present a
nuisance or hazard and shall otherwise comply with Section
1107.1800.
f. For projects within all Use Districts where the lot area
exceeds 50,000 square feet, at least 1 % of the lot area shall be
devoted to pedestrian use such as plazas or walks.
g. New additions, alterations, or accessory buildings: The
exterior wall surface materials, roof treatment, colors, textures,
major divisions, proportion, rhythm of openings, and general
architectural character, including horizontal or vertical emphasis,
scale, stylistic features of additions, exterior alterations, and new
accessory buildings shall conform to the original architectural
design and general appearance of the principal building(s) on the
site and shall comply with the requirements of this subsection.
h. The relationship of the building to the site and adjacent
property, including site access and pedestrian movement shall be
complementary.
i. In any instance where the Zoning Administrator denies a
permit or a request for preliminary approval of building materials or
building design, the applicant may submit an appeal of the
interpretation, based upon the plans and other papers on file in the
office of the Zoning Administrator, to the Board of Adjustment
without payment of additional filing fees of any kind. Appeals shall
be considered according to the procedure outlined in Section
1109.300.
1107.2203 Architectural Standards Applvina to One and Two Familv
Residential Uses. Individuals, builders or groups of builders shall
not construct a house design which has identical front elevations to
any house or proposed house where a building permit has been
issued with the following exceptions:
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a. Identical front elevations may be allowed on no more than
250/0 of platted lots within a block. However, identical front
elevations shall not be allowed on adjacent lots or in cul-de-sac
turnarounds.
b. The provisions of this subsection apply to Planned Unit
Developments and Conditional Use Permits, but may be modified
with the consent of the City Council.
c. To determine compliance with this subsection, the Zoning
Administrator may require the permit applicant to submit exterior
elevations of the proposed structure, and photographs of the front
exterior of neighboring houses, in addition to all required materials
for a building permit application listed in subsection 1109.501. A
list of exterior finish materials and colors may also be required.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of _,2004.
ATTEST:
City Manager
Mayor
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Perez:
This is consistent with the prelim pI and zoning ordinance.
As long as the conditions are m ill approve.
Lemke:
Agreed.
PEREZ, SECOND BY RINGSTAD, TO RECOMMEND APROV AL OF
PUD PLAN SUBJECT TO CONDITIONS.
Vo taken indicated ayes by all. MOTION CARRIED.
-+ B. Case #04-21 An amendment to Section 1107.2200 of the Zoning Ordinance
to add materials to architectural materials standards.
City Planner Cynthia Kirchoff presented the Planning Report dated March 22, 2004,
The Planning Commission continued the public hearing on March 8, 2004, and generally
supported staff s draft language. But the Commission directed staff to make final
refinements to the provision regulating the combination of Class I and Class Ia materials.
Specifically, the Commission recommended language that would permit the combination
of Class I and Class Ia materials so long as two criteria are met: (1) the sum of the two
materials is equal to or greater than 60 percent and (2) total amount of Class la materials
are credited at .75 square feet.
During the public hearing, the Commission heard testimony from Terry Wensmann, of
Wensmann Homes, concerning the proposed amendment's negative impact on the design
elements of their 10-unit buildings in Wensmann 4th Addition.
The proposed amendment to the minimum architectural material standards:
(1) allows fiber cement siding as a Class la material and places criteria on its
application when used in combination with Class I materials,
(2) considers synthetic stucco a Class I material,
(3) defines higher impact rated vinyl siding,
(4) increases the number of units in one residential building that must adhere to the
more strict material standards,
(5) permits metal garage doors to be a maximum of 20 percent of a residential
building face, and
(6) permits staff discretion to approve non-listed materials.
Staff recommended approval.
Comments from the Commissioners:
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Lemke questioned if it would be better to have Class 1 material. Kirchoff explained the
differences in the Classes and percentages.
Perez -
Lemke:
This language was pretty well set with the rest of the Commissioners.
Ringstad:
Agreed - this is the fourth meeting. The last meeting there was a great deal of
discussion.
Staff condensed it very well.
Hate to make changes at this time.
This is tied into #6 criteria (staff discretion with new materials). This should be looked at
every couple of years.
This goes a long way for future technology.
There has been public meetings.
Lemke:
Agreed - if this needs tweeking it can go before the City Council.
If there are technological advances ..
MOTION BY RINGSTAD, SECOND BY PEREZ, RECOMMENDING APPROVAL
OF THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF AND
INDICATED IN DRAFT ORDINANCE.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on April 5th.
7. New Business:
A. Presentation of Capital Improvement Program 2005-2009.
Planning Coordinator Jane Kansier presented the Planning Report dated March 22, 2004,
on file in the office of the City Planning Department.
Minnesota Statutes provides that all proposed capital improvements be reviewed by the
Planning Commission for consistency with the Comprehensive Plan. The summary
describes the CIP process and the funding sources available to the City and expected to
be used in paying for the individual projects. The budget for the projects within the 5
year CIP totals 57.855 million dollars.
There are several significant projects included in the CIP. The most significant projects
are the City's share of the CSAH 82 reconstruction (2005) and the CSAH 12
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