HomeMy WebLinkAbout5E Zon Ord Amend - Sec. 1004
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
5E
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO SECTION 1004 OF THE ZONING ORDINANCE TO
UPDATE REFERENCES AND DEFINE A
GRANDFATHER PERIOD FOR STORMWATER
PLANNING.
ROSS BINTNER, WATER RESOURCE ENGINEER
X YES NO N/A
JULY 14,2008
PREPARED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The purpose ofthis public hearing is to consider an amendment to Section 1004 of the
Zoning Ordinance. The proposed amendment would update the references to stormwater
planning documents and define a grandfather period and for existing and future regional
collection and treatment facilities.
DISCUSSION
The intent of this ordinance revision is twofold: 1) to update referenced documents; and
2) defined a grandfather period for areas platted and constructed with trunk storm
collection and treatment facilities previously approved.
The update of referenced documents is fairly straightforward. The Comprehensive
Stormwater Management Plan was an outdated reference and the Surface Water
Management Plan replaced it.
The definition of a grandfather for stormwater treatment designed as collection and
treatment facilities is proposed. In situations where a development plats large areas with
the intention of coming back in later years to re-plat portions as they sell, some certainty
is needed for stormwater treatment and total land requirements. Under this proposal,
when collection and treatment facilities are planned with the greater development and
constructed in advance, future re-plats of the treated area would meet the stormwater
rules at the time of the plat for 10 years. Ifthis grandfather is not in place, there is no
incentive to create collection and treatment facilities, which is a goal of the City because
they are more cost effective to operate and maintain.
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Phone 952.447.9800 / Fax 952.447.4245
ANALYSIS:
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Section 1004.800 currently reads as follows:
1004.800
Storm Drainage. All subdivision design shall incorporate provision for
storm water runoff consistent with the Public Works Design Manual and
the Comprehensive Stormwater Management Plan.
The intent of this change is to update the references and define the Stormwater
Management Report.
1004.800
Storm Drainage. All subdivision design shall incorporate provision for
storm water runoff consistent with the Public Works Design Manual and
the CamflreI:ieBsi'le StaFfB'lIater MaBagemeBt PI8:fl. Local Surface Water
Management Plan and be presented in a Stormwater Management
Report (as required in the Public Works Design Manual).
The next two sections have been added to define a period or grandfather for collection
and treatment facilities and explain under what conditions they can be used.
1004.801
1004.802
ISSUES:
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In cases where trunk facilities and regional stormwater treatment systems
were planned and constructed, a Stormwater Management Report approved
as part of a Final Plat for the underlying development will be valid for 10
years. A review of the Stormwater Management Report provisions will be
required if any of the following is planned:
. The area tributary to trunk and regional facilities increases.
. Impervious surfaces in excess of those foreseen in the Stormwater
Management Report are planned.
. Previous phases of development under single ownership were,
redeveloped or replatted and were approved to develop with greater
impervious or pollutant load and compensating facilities were not
constructed.
In cases where the review shows planned development would exceed
stormwater capacity planned in the approved Stormwater Management
Report one of the following courses of action is required:
. If available, credit from a trunk facility can be used. (This option may
limit future phased development density).
. Additional stormwater management BMPs must be planned and
constructed to treat additional impervious. (New BMPs must meet
current rules).
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ZONING ORDINANCE AMENDMENT FINDINGS
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.
The proposed amendment furthers the goal of the creation of trunk faculties and gives
master planned development land-use certainly for stormwater facilities.
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.
Goals and objectives ofthe 2030 Comprehensive Plan include:
. Develop regional ponds as appropriate.
. Assure that subdivision stormwater plans conform to approved rules and the local
Surface Water Management Plan.
Purposes of the Zoning Ordinance include:
. Enhance the aesthetic character and appearance of the City.
. Conserve natural resources and environmental assets of the community.
The proposed amendment strives to accomplish these goals, objectives and policies
by providing strengthening the existing ordinance.
3. The adoption of the amendment is consistent with State and/or Federal
requirements.
This amendment is consistent with federal and state laws.
CONCLUSION
The proposed amendment is consistent with the goals and objectives ofthe 2030
Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in
Minnesota statutes. Based upon the findings set forth in this report, staff recommends
approval.
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendment as
recommended by staff and indicated in the attached draft ordinance.
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ALTERNATIVES:
1. Recommend the Council approve the amendment as proposed, or with changes
specified by the Planning Commission.
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends Alternative #1.
ATTACHMENT:
1. Draft Ordinance Amendment
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I
CITY OF PRIOR LAKE
ORDINANCE NO. 108- XX
AN ORDINANCE AMENDING SECTION 1004 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Sections 1004.800 will be deleted and replaced with the following:
1004.800 Storm Drainaae: All subdivision design shall incorporate provisions for
storm water runoff consistent with the Public Works Design Manual and
Local Surface Water Management Plan and be presented in a Stormwater
Management Report.
2. Section 1004.801 of the Prior Lake City Code is hereby added and will read thus:
1004.801 In cases where trunk facilities and regional stormwater treatment systems
were planned and constructed, a Stormwater Management Report
approved as part of a Final Plat for the underlying development will be valid
for 10 years. A review of the Stormwater Management Report provisions
will be required if any of the following is planned:
. The area tributary to trunk and regional facilities increases.
. Impervious surfaces in excess of those foreseen in the Stormwater
Management Report are planned.
. Previous phases of development under single ownership were,
redeveloped or replatted and were approved to develop with greater
impervious or pollutant load and compensating facilities were not
constructed.
1004.802 In cases where the review shows planned development would exceed
stormwater capacity planned in the approved Stormwater Management
Report one of the following courses of action is required:
. If available, credit from a trunk facility can be used. (This option may
limit future phased development density).
. Additional stormwater management BMPs must be planned and
constructed to treat additional impervious. (New BMPs must meet
current rules).
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 ,20_.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,20_.
Drafted By:
Prior Lake Community Development of Natural Resources Department
4646 Dakota Street S.E.
Prior Lake, MN 55372
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