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HomeMy WebLinkAbout7 - Architictural Controls Ord. 90-10 & 90-11 AGENDA NUMBER: SUBJECT: PREPARED BY: DATE: INTRODUCTION: BACKGROUND: HERITAGE 1891 COMMUNITY 1991 2Q91 WJ.5?Y-JV 7 CONSIDER FIRST DRAFT OF ORDINANCE 90-l0 AND 90-11 ADOPTING ARCHITECTURAL CONTROLS STEVE HESS, ASSOCIATE CITY PLANNER OCTOBER 1, 1990 In June of 1990 staff was directed by the Council to research aesthetic zoning and the possibility of implementing architectural standards through the city Code. The purpose of this Hearing is to consider proposed Ordinance Amendments 90-10 and 90-11 for inclusion into the City Code. Prompted by the expressed concern of Sand pointe residents that repetitive housing was decreasin9 the value of their homes, the City Council dlrected staff to research aesthetic zoning. Staff researched the existing information pertaining to aesthetic zoning and presented a report to the Council on June 18, 1990. Staff was directed to further research the issue and develop an administrative process, and or amendments that would enable the City to enforce architectural standards. The City Council approved Resolution 90-40, which outlines the rational for adopting Architectural Controls for the City of Prior Lake, on August 6, 1990. Research indicated that well defined architectural standards within the City Code would be the best method of ensuring that repetitive housing is not built in Prior Lake again. Staff developed amendments to the Subdivision Ordinance and the Zoning Ordinance in order to implement architectural controls. The proposed Subdivision Ordinance Amendment 90-10 will allow the City to have greater input into the quality of housing that will be built in Prior Lake. The proposed Ordinance Amendment 90-11 clarifies the architectural controls in the City Code by defininl1 "substantially like" housing and "neighbor~ng housing" design restrictions. The amendment includes an appeals process that is an important component of any ordinance. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATIONS: ACTION REQUIRED: Resolution 90-40 was presented to the Planning Commission at a Public Hearing on September 6, 1990. The Planning Commission passed the Resolution unanimously. It is important to note that developers and builders were not represented at the Public Hearings. Public Notices for the Public Hearing were in the Prior Lake American and letters were sent out to 45 of the local contractors. Revisions to the language suggested by the City Attorney and have been included in this document. Two of the paragraphs have been condensed for clarity of understanding. The intent of the amendments has not been altered. Staff believes that the proposed amendments will enable the City to enforce architectural standards. l. Approve Ordinance 90-l0 and presented. 2. Table one or both amendments for further research. 90-11 as 3. Deny one or both of the amendments. The recommendation of the Planning Commission is to approve Ordinance 90-10 amending Subdivision Ordinance No. 87-l0, approve Ordinance 90-l1 amending the City Code and incorl(orating architectural standards in to the Clty Code. Motion to approve Ordinance 90-10 and 90-11 as presented. CITY OF PRIOR LAKE ORDINANCE NO. 90-11 AN ORDINANCE AMENDING CHAPTER 4-7-1 ARCHITECTURAL DESIGN AND MATERIALS OF THE CITY OF PRIOR LAKE CITY CODE. The Council of the City of Prior Lake does hereby ordain that city Code Chapter 4-7-l shall read as follows: ARCHITECTURAL DESIGN AND MATERIALS SECTION 4-7-l ELEVATIONS, ARCHITECTURAL DESIGN, EXTERIOR FACING: The application for a building permit in addition to other information required, shall include exterior elevations of the proposed structure which will adequately and accurately indicate the height, size, design and the appearance of all elevations of the proposed building and description of the construction and materials proposed to be used therein. Such information shall indicate that the exterior architectural design, when erected, will not be so at variance, with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the cour e of construction within two lots on each side, directl ~from or diagonally across from the same unit. The exter~9r architectural design of a structure shall -7 not be so~ariance with the character of the applicable zoning district established by the Zoning Code of the City as to cause a substantial depreciation in the property values of said neighborhood within said district or elsewhere or adversely affect the public health, safety or general welfare. Individuals, builders or groups of builders shall not construct the same house design which has front elevations substantially like any home, or proposed home where a building permit has been issued, located within two lots on each side, directly across from or diagonally across from same unit. No building permit shall be issued to houses inconsistent with this requirement. The Building Official shall take into account the following criteria when reviewing plans to determine substantially like housing. A building permit will be issued so long as the applicant can prove to the Building Official that no more than two (2) of the followin9 five (5) conditions are present in the applicatlon with respect to any existing home, or proposed home where a building permit has been issued, within two lots on each side, directly across from or diagonally across from the same unit. 1. The roof style of the proposed structure is similar to the structure it resembles; or 2. The roof pitch of the proposed structure is less than three vertical units in twelve from the structure it resembles; or 3. More than half of the exterior surface materials of the proposed structure are the same as the structure it resembles; or 4. The relative location of an attached garage, portico, breezeway, gable or other major design attached to the proposed structure is similar structure it resembles; or porch, feature to the S. The relative location of entry doors, windows, shutters or chimneys in the proposed construction is similar to the structure it resembles. REQUIRED SUBMITTALS: When required by the building official, the permit applicant shall be required to submit exterior elevations of the proposed structure, ~hotogra~hs of the front exterior of neighboring homes ln additlon to all re9Uired materials for building permit application. A Ilst of exterior finish materials and colors may also be required. APPEALS PROCESS: The Building Official will review pro~osed exterior elevations as part of the permit reVlew process. In the event that an elevation is determined to be substantially like a neighboring home, the permit will be denied. The applicant will have an o~portunity to revise front elevations to be compliant wlth this code. The applicant may appeal the decision of the Building Official to the City Manager who may schedule the issue before the Planning CommJ.ssion for a decision. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1 st. day of October, 1990. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 1990. day of Drafted By: Steve Hess Associate Planner City of Prior Lake 4629 Dakota Street Prior Lake MN, 55372 CITY OF PRIOR LAKE ORDINANCE NO. 90-10 AN ORDINANCE AMENDING CHAPTER 6, TITLE 6, OF PRIOR LAKE CITY CODE AND THE PRIOR LAKE SUBDIVISION ORDINANCE NO. 87-10. The Council of the City of Prior Lake does hereby ordain: A new paragraph (B) is hereby added to Title 6, Chapter 6-4-3 of the Prior Lake Citr Code and Chapter 6-4-3 (B) of Prior Lake Subdivision Ordlnance No. 87-l0 which shall read as follows: SUBDIVISION DESIGN FEATURES: (Insert New paragraph (B) and re letter subsequent paragraphs) (B) A written narrative describing proposed housing elements within the subdivision is required. This narrative should describe the following: The method by which homes will be designed to inte9rate with site natural features and neighboring bui1dlngs; architectural style and range of valuations of proposed homes; landscaping, neighborhood entry features, mailbox locations, street lighting, fences, walks, trails, signs, street furniture and other related neighborhood aspects. The City of Prior Lake encourages establishment of restrictive covenants and homeowners associations to ~rovide a variety of design within neighborhoods; to ldentify maintenance programs for neighborhood landscaping, housing, and exterior aspects of the subdivision. Proposed covenants shall be submitted by the Developer and recorded at the time of Final Plat Recording. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1 st day of October, 1990. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 1990. day of Drafted By: Steve Hess Associate Planner City of Prior Lake 4629 Dakota Street Prior Lake, MN 55372 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 2Q91 18"J$% 4 STEVE HESS, ASSOCIATE CITY PLANNER DISCUSS RESIDENTIAL ARCHITECTURAL ORDINANCE JUNE 18, 1990 The purpose of this item is to consider the alternatives that are available to the city in regard to architectural controls in our residential neighborhoods. This is commonly referred to as aesthetic zoning. The City Council requested that Staff conduct research on this topic to make Prior Lake a more desirable place to live and to prevent what appears to be a problem in the Sand pointe Addition from occurring again. Staff researched this issue and our findings are presented in this report. CONTROL The first item that should be considered with aesthetic zoning is the question of legality. The legality of aesthetic zoning varies from state to state. It is a relatively new idea in zoning and some state jUdicial systems have accepted it while others have decided it is not a proper police power of cities. Because this type of zoning is new to Minnesota, it is very difficult to find any legal decisions that refer to it. I did find a reference of two cases in Minnesota from the 1920's. The Minnesota Supreme Court said that aesthetic regulations are "widely accepted as approriate" in one case and said, "Obviously aesthetics play a significant part in residential zoning" in another. These two cases dealt with sign ordinances, but the regulation of signs is a very important part of most design ordinances. The League of Minnesota cities is doing a check to find out if there have been anr other court cases dealing with aesthetic zonJ.ng in Minnesota. The results of the League research will be presented at the meeting if available. I believe that with specific standards and a good appeal process it would stand up in court. However, legal council should be directed to review any standards or processes that are proposed. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 The next item that should be discussed is the pra?tical problems associated with aesthetic zonlng. As Norman williams sa~s in American Land Planning Law, "the pre-exlsting pattern, to which some conformity - but not too much conformity - is required, is often a melange, and often also a melange of bad taste." Our existing nei9hborhoods have a wide variety of housing and lt would be difficult to define the architectural style of each neighborhood. It would also be difficult to design standards based on the existing housing. standards could be developed for new neighborhoods that could be used to help define the type of city that the residents of Prior Lake want. According to Williams, specific standards are necessary and should be required by the courts if aesthetic zoning is to become a part of the accepted police powers of a city. Another point that should be considered is the right of the individual to build a home that is considered by them to be aesthetically pleasing, but may not be to others in the communitr. It may be difficult to prove that an indivldual house is at variance with other houses in a neighborhood. As a judge in Ohio said about a case concerning aesthetlc zonin9: "Should her aesthetic sensibilities J.n connection with her selection of design for her proposed home be stifled because of the apparent belief in this community of the group as a source of creativity." The Council must determine if the citizens of Prior Lake are ready and willing to make those kinds of decisions. Aesthetic zoning is becoming an important tool for cities in other parts of the country. I have found very good information in regard to cities that are already using this tool in other states. The process involved is slow and requires the community residents to be involved from the very beginning. They must help desi9n the standards and enforce them. In the maJority of these cities there is a well defined appeals process and well defined construction standards. Most of the cities also utilize design review boards to base decisions on concerning building permit applications. These boards should be comprised of experts in design and/or architecture, along with other members of the community. Architects should be involved in the development of the standards so the courts will not think the standards have been arbitrarily established. The standards must also be a reflection of the values of the residents of the city. The goals and the objectives of the ordinance should explained at the beginning of the All of these steps will help credibility for the ordinance. I have talked with several different cities in Minnesota, including st. Cloud, Edina, Minnetonka, Burnsvil1e, st. Louis Park, Eden Prairie, Woodbury, Mankato and Rochester. I am still waiting for information from several of the cities, but I have been able to make some conclusions. First, this is a new idea and has only been tried, on a limited basis, in a couple of cities. st. Louis Park has a ordinance that requires city apl(roval of the exterior materials on all bui1dlngs that face a public street. They have a very informal review board and do not consider the design of the structure during this process. Eden prairie uses design review in their Rl95 zones, which have lots that are only 40 or 50 feet wide. They have been very successful with these standards, but have not been challenged in court. I am waiting for a copy of their ordinance. I found that several other cities had or are looking into aesthetic zoning. It is a new enough idea and there is not a lot of information concerning Minnesota cities. It is difficult to know exactly how Minnesota courts could react to aesthetic zoning issues. also be document. establish I have included the Village of Hudson, Ohio's, ordinance to give the Council an idea of what is involved in developing an ordinance of this type. The City may be able to develop an ordinance that is not as complex as theirs, however, this ordinance does have good examples of the 1anguage that should be used. Enforcement and communlty acceptance of the ordinance would be stronger via a review board, however, that involves a strong commitment from the community. The Council needs to determine if the citizens of Prior Lake are willing to support architectural controls. See also a page from a Planning Advisory Service Report that lists the steps that should be followed in developing an aesthetic ordinance. THE FIRST STEP FOR PRIOR LAKE SHOULD BE TO ESTABLISH WHETHER THE COUNCIL AND THE CITIZENS ARE READY TO IMPLEMENT AN ORDINANCE OF THIS TYPE. It is not something that is done quickly and with only limited supl(ort. It must have the full support of the cltizens and the Council to be successful. ACTION REQUIRED: CITY MANAGER'S NOTE: This information has been included in the agenda report for discussion purposes. Further action concerning this item will result from Council discussion. Your action to Staff on this issue result of complaints received from residents in the Sand Pointe (Cedarwood Street). Residents from are expected to attend the meeting their concerns to the Council. was a several Addition this area to voice As you can conclude from steve's research, this issue is complex and detailed. Council is being asked to res~ond to Staff's research and provide further dlrection on this zoning item. Issues to keep in mind when discussing this issue are among others: 1) Is this ordinance needed (do we have a problem in our community) ; 2) Are there other ways to address the concerns of the Sand pointe residents without an ordinance; and 3) if we proceed with an ordinance, what priority does it have with Staff's time given other projects in 1990. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 2Q91 C{gJSf!)~N' 9 DEB GARROSS, CONSIDER GUIDELINES - AMENDMENTS AUGUST 6, 1990 ASSISTANT CITY PLANNER RESIDENTIAL ARCHITECTURAL RESOLUTION 90-40 AND CODE On June 18, 1990, the City Council held a discussion concerning the use of architectural standards and reviewed research conducted by Associate Planner, Steve Hess. Several residents of the Sand pointe neighborhood addressed the Council to express concern over the construction of similar houses within close proximity of each other. The Council directed staff to further research architectural standards for residential districts within the City. The purpose of this item is to consider Resolution 90-40. Discussion on the actual amendments can occur, but keep in mind that formal hearings must be held at which time ample opportunity will be available to review the draft amendments. Attached find proposed Resolution 90-40 which outlines the course of events which led to the decision to develop architectural controls for Prior Lake. Also attached are proposed amendments for the Subdivision Ordinance and City Code to implement the proposed architectural 9uidelines for single family neighborhoods wlthin the City. Staff proposes to amend the Subdivision Ordinance to require developers to submit a written narrative outlinin9 housing elements proposed for all new subdlvisions. The prol(osed amendment also states that the City of Prlor Lake encourages development of restrictive covenants and homeowners associations to "self regulate" exterior aspects related to landscaping, house style, exterior finishes and other prominent aspects of each neighborhood. The proposed amendment to the city Code consists of a revision to the current language which specifically restricts the construction of like structures within specified distances 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: of each other. It is the responsibility of the Building Official to review all new construction permits. In the event that a like home is proposed, the ordinance would allow the denial of a building I?ermit. The applicant would be given opportunlty to revise elevations to be consistent with the ordinance. In the event that a dispute would arise, the applicant may follow the appeal procedure and appeal the decision of the Building Official to the Citr Manager and ultimately to the Planning Commlssion. Staff researched the Prior lake 2000 Housing recommendations and discovered a supportive position with respect to these actions. Note the "Action" statements on the attached sheet. staff is of the opinion that the I?roposed ordinance amendments would be sufficlent to achieve diversity and variety of design of single family homes constructed in the community. staff proposes to incorporate the architectural guidelines into the new construction handout that is distributed to contractors and builders when building permits are requested. l. 2. 3. Approve Resolution 90-40. Table the item for further research. Do not approve Resolution 90-40. direct staff to amend City Code Guidelines Approve Resolution 90-40 and initiate public hearings Subdivision Ordinance and incorporate Architectural single family neighborhoods. Motion to adopt Resolution 90-40 is in order. to the to for ITEM: PRESENTER: PUBLIC HEARING: DATE: HERiTAGE 1891 COMMUNITY 1991 2QgI ruTJ$% PLANNING REPORT ARCHITECTURAL CONTROLS ORDINANCE STEVE HESS X YES NO SEPTEMBER 6, 1990 INTRODUCTION: In June of 1990 Staff was directed by the City Council to begin researching architectural design standards for inclusion in the City Ordinance. The research was initiated as a result of complaints by residents concernin9 repetitous house designs in the Sand pointe neighborhood. Assoclate Planner Steve Hess, researched the existing information on architectural standards and presented a report to the City Council on June 18, 1990. The Council directed Staff to further research the subject and to develop a ordinance that would enable the City to enforce architectural standards. DISCUSSION: Research indicated that architectural zonin9 is a new zoning tool in Minnesota and has only been used on a Ilmited basis. Staff talked with several cities in Minnesota and very few have any type of architectural zoning. While it is not widely used in this state it has become an accepted zoning tool in other regions of the country. The east and west coasts have experienced an increase in the number of cities that employ architectural zonin9, plus limited areas of the Midwest. The ordinances in the majorlty of these cities are very complex. The standards in this type of ordinance are develol?ed by representatives of the community at large and urban deslgn professionals. The design standards are well defined and many of the cities have established architectural review committees in an effort to apply these standards consistently. The review committee members are a combination of lay people, architectural, and/or urban design professionals. I have included the Village of Hudson, Ohio's ordinance as an example of an excellent architectural zoning ordinance. This ordinance has been chal1enged and upheld in court and provides a good illustration for deflning standards. One of the questions raised by Staff was if the Council and the residents are ready to make a committment of such magnitude to this issue. citizen input is very important for the success of such an ordinance, and would be sought if Prior Lake were to adopt a similar ordinance. The direction of the Council was to incorporate a Staff review procedure to regulate architectural standards rather than an architectural design committee. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 staff found that in Minnesota the standard aPl?roach to architectural zoning is administrative policy. POI1CY that is developed by Staff, under the direction of Council. standards are not defined within the zoning ordinance, therefore, the success of administrative policy would seem to depend on the amount of cooperation from the developers and contractors. The cities of Eden Prairie, st. Louis Park and Coon Rapids, who use administrative policy, have been successful up to this point in time, but they have never been challenged. Research indicates that it is very important to include a definition of architectural standards in our City Code. Developers and contractors should be able to refer to a definition of expected standards within the city Code. Communication with the developers and contractors is vital for ensuring that architectural standards will be accepted. In this regard, staff has notified 45 local developers of the public hearin9s. In addition, the architectural standards will be given out wlth the procedures guide for all new construction permits. Developers and contractors should be informed of the standards from the beginning of any new construction project. A booklet, which will be developed, defining the standards and describing the process may be the most important component for ensuring that the standards are accepted. Staff developed a new paragraph to amend Subdivision Ordinance 87-10, Section 6-4-3. This paragraph would require developers to address housin9 design as they already do landscaping and street design. The wrltten narrative would not require developers to show every housing design they would be building, but to encourage the developers to consider the relationship of housing to the site natural features and to the neighboring buildin9s. It will also be an indication of the City of Prior Lake's cornrnltrnent to quality housing, of which diverse housing is a major component. The narrative should give an indication of the quality of housing that the developer is planning on building. This will allow Staff to actively participate in the housing process for each subdivision. The new paragraph will ensure a diversity of housing designs in all new subdivisions. RECOMMENDATIONS: Staff recommends adoption of the attached amendment to Section 4-7-l of the Prior Lake City Code and the addition of a new paragraph in Section 6-4-3 of the Subdivison Ordinance. HERITAGE 1891 COMMUNITY 1991 18JSf)~ {i~ 2CZJt August 22, 1990 Van-Smith Inc. 16829 Toronto Ave. Prior Lake, MN 55372 To Whom it May Concern, This letter is to inform you that the City of Prior Lake will be holding Public Hearings on September 6, 1990, to discuss amending the City Code and the Subdivision Ordinance in reference to repetitive housing. The Planning commission will hold hearings on the adoption of amendments that would enable the City to enforce aesthetic zoning standards in regard to "look-a-like" housing located on abutting, or adjacent lots. City Council directed Staff to address this problem after complaints from City residents concerning the lack of diversity in the housing styles in the Sand Pointe neighborhood. The residents were concerned that the repetitive housing would detract from the desirability of their neighborhood and lower the value of their property. City Council requested that standards be developed to prevent this from happening again. staffs' emphasis is to develop amendments that would establish a process to build cooperation between the building industry and the City of Prior Lake. The amendments have been drafted to ensure the inclusion of diverse housing styles from the beginning of the development process. Citr Council and Staff want to include the local building community ln the development of these new amendments. This letter is the beginning of that process. I have enclosed the Public Hearing Notices for you to examine. If you have any questions pertaining to any particular items please contact me at 447-4230. Sincerely, Stephen D. Hess Associate City Planner City of Prior Lake Enclosures 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 I HERITAGE 1891 COMMUNITY 1991 C{8J.5f!}~ {/' 2Q91 RESOLUTION 90-40 RESIDENTIAL ARCHITECTURAL GUIDELINES POLICY STATEMENT MOTION BY: WHITE SECONDED BY: LARSON WHEREAS, citizens of Prior Lake addressed the City Council on June 18, 1990 and expressed concern that property values of homes could be adversely affected by construction of like structures on adjoining lots and lots which are directly across the street; and WHEREAS, The City Council of Prior Lake has determined that it is necessary to develop a policy statement to encourage diversity and variety of design of single family homes constructed in Prior Lake; and WHEREAS, The City Council has determined that architectural guidelines are necessary to protect and preserve the value, appearance and use of property on which sin91e family homes are constructed, to maintain a high qua1lty of community development, to protect the public health, safety, convenience and welfare and to protect real estate within the City from impairment or destruction of value; and WHEREAS, The encouragement of diversified styles is consistent with recommendations and the City of Statement; and and Prior Prior varied Lake Lake's housing 2000 Mission WHEREAS, Single family homes of like design have been erected close proximity within neighborhoods of Prior Lake residents I?erceive that property values have negatively lmpacted. in and been NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that architectural guidelines be enacted to provide variation of housing styles and exterior appearance for new construction single family homes. 4629 Dakota 5t. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 BE IT FURTHER RESOLVED THAT Public Hearings be scheduled to consider the incorl(oration of guidelines (Draft Attached) into the appropriate sectJ.ons of the City Code as architectural requirements and that the guidelines be distributed to builders and contractors in the form of an informational handout. Passed and adopted this 6 th day of August , 1990. Andren X Andren Fitzgerald X Fitzgerald Larson X Larson Scott X Scott White X e {Seal}