HomeMy WebLinkAboutFebruary 9, 2009
4646 Dakota Street S.E.
Prior Lake. MN 55372-1714
REGULAR PLANNING COMMISSION AGENDA
MONDAY, FEBRUARY 9, 2009
City Council Chambers
6:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Consent Agenda:
5. Public Hearings:
A. The purpose of the public hearing is to consider amendments to Section
1101.700. These amendments relate to the following: Modifications to the
Zoning Map
6. Old Business:
7. New Business:
8. Announcements and Correspondence:
9. Adjournment:
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PLANNING COMMISSION MINUTES
I
MONDA Y, DECEMBER 22, 2008
1. Call to Order:
Commissioner Perez called the December 22, 2008, Planning Commission meeting to
order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Perez and
Ringstad, Community DevelopmentlNatural Resource Directbr Danette Parr, Planner Jeff
Matzke and Recording Secretary Connie Carlson.
2. Roll Call:
Billington
Fleming
Lemke
Perez
Ringstad
Present
Present
Absent
Present
Present
3. Approval of Minutes:
The Minutes from the November 24,2008, Planning Commi sion meeting were approved
as correct - page 3, Perez change to "decrease" instead of "irlcrease".
4.
Consent:
None
5. Public Hearings:
Commissioner Perez read the Public Hearing Statement and opened the meeting.
A. Consider amendments to the Zoning Ordinance (Slections 1101 -1113.1000).
Planner Jeff Matzke presented the staff report dated DecembL 22,2008, on file in the
office of the City Community Development and Natural Res6urce Department.
The Zoning Code Amendments proposed as a part of this repbrt include the following
components:
. Zoning Map
. Section 110 I: General Provisions
. Section 1102: Use District Regulations
. Section 1103: Overlay Districts
. Section 1104: Shoreland Regulations
. Section 1105: Flood Plain Regulations
. Section 1106: Planned Unit Developments
. Section l106A: Senior Care (SC) Overlay Districts
. Section l106B: Flexible Development in Areas with: High and Moderate Quality
Natural Communities
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Planning Commission Meeting
December 22, 2008
. Section 1107: General Performance Standards
. Section 1108: Conditional Use Permits, Variances, and Amendments
. Section 1109: Administrative Procedures
. Section 1110: Communication Towers
. Section 1111: Adult Uses
. Section 1112: Official Maps
. Section 1113: Signage for Facilities of Regional Significance
BACKGROUND:
On October 25, 2006, the Metropolitan Council approved the City of Prior Lake 2030
Comprehensive Plan. At that time, as is mandated by State Statute, the Zoning
Ordinance and Zoning Map were required to be amended to rhake them consistent with
the 2030 Comprehensi ve Plan.
In addition to the proposed amendments for the purpose of meeting State Statute
I
requirements, additional amendments are being proposed with the intention of making the
Zoning Ordinance more user-friendly for citizens, business oWners, and developers.
The vast majority of the proposed amendments are not sUbst1tive in nature. However,
some of the key areas the Planning Commission may want to more closely consider relate
to the following:
Zonin2: Map
. In a limited number of cases, properties were adjusted from one Zoning District to
another to make the density consistent with the new dbnsity standards approved
with the 2030 Comprehensive Plan.
. The C-3T-Transitional Town Center Use District was added.
. Housekeeping items were adjusted on the Zoning Map to make it up to date (i.e.:
lines were added establishing previously approved PUD's, etc).
Section 1101-GeneraI Provisions
. Definitions were added (Accessory Apartment, Cond0minium, Dwelling- Single
I
Family Attached, Dwelling-Single Family Detached, Model Home, Sales Trailer,
Stable-Commercial, Stable-Private, Townhouse, New Construction, Remodel,
etc).
. After the sign definition, the specific definitions for types of signs (i.e.:
construction, real estate, etc) are referenced by sectio~ and instead relocated in the
sign portion of the Code (Section 1107.400).
. Structural changes in the layout were made to make it more readable (bulleting
where appropriate, etc).
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Planning Commission Meeting
December 22, 2008
. Sales Trailers were added as a Temporary Use.
. Temporary Uses in Non-Residential Districts was removed from the Temporary
Uses section.
. The Land Use Descriptions were rearranged to be in alphabetical order.
. Land Use Descriptions were added (Contractor Yard and Transportation Facility).
Section 1l02-Use District Reeulations
. Accessory Apartment was added as a use in all residential and agricultural
districts.
. The R-2 (low-Medium Density Residential) and R-3 (Medium Density
Residential) Districts were combined into a single medium density residential
district.
. Accessory structure regulations (under the Residential Performance Standards)
were changed to 1,000 feet total square feet or 30% of the rear yard as well as
additional criteria.
. The C-2 (Community Business) and C-4 (General Business) Use Districts were
combined into a single General Business Use District.
. Car Wash regulations were added as a separate use in the C-I and C-4 Districts.
. The C-3 Specialty Business Use District was renamed the Town Center Use
District in accordance with the 2030 Comprehensive Plan Map. Additional
design guidelines were added to the C-3 District.
. The C-3T Transitional Town Center Use District was created to correspond with
the Transitional Town Center Classification under the 2030 Comprehensive Plan
Map.
. Convention Halls, Outdoor Sales (Display), Private Entertainment (Indoor),
Marinas, and Animal Handling uses in the C-4 District now require Conditional
Use Permits.
. A Contractors Yard Use conditions were added to the I-I Industrial Use District.
. Parking setbacks and structure setbacks were added/revised for the commercial
and industrial use districts.
Section 1104 - ShoreIand Reeulations
. Additional language was added to specify the necessary requirements for the
geotechnical engineering report needed for all construction within a buff impact
zone or bluff setback.
. Yard encroachments into the lakeshore and bluff setbacks remain in this section.
Yard encroachments into front, rear, and side yards are referenced to the location
in the General Provisions Section (110 1.503)
Perez asked Matzke to go back to page 13 regarding decks that do not meet the setbacks.
Matzke explained an example of repairing a deck located 30 feet from the lake.
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Planning Commission Meeting
December 22, 2008
Residents would be allowed to replace in the exact location without having to go through
a variance process. It is a nonconforming deck. It will save a lot of time and struggle for
the applicant who is just trying to replace a deteriorating deck.
Perez asked if impervious language should be added. Matzke responded he understood
what he wanted and staff will look into it and make it a clear understanding.
. Legally existing water-oriented accessory structures are allowed for exact
replacement similar to replacement decks.
. Various minor language changes were made to create consistency with the newly
approved Public Works Design Manual.
Section 1105 - Flood Plain Regulations
. Language revisions for department classifications were completed.
Section 1106 - Planed Unit Developments
. Formatting of the PUD Amendment subsection was completed to improve
customer comprehension
Section 1106A - Senior Care
. Due to inactivity, this section is proposed for removal. In more recent
years most senior care facilities have been developed under the Planned
Unit Development (PUD) ordinance.
Section 11068 - Flexible Development in Areas With High and Moderate Quality
Natural Communities
. Minor formatting change
Section 1107 - General Performance Standards
. Hard surface driveways are required for accessory structures that have potential
access to a public or private street.
. All temporary, portable, and banner signs were given the same display timeframe
(30 days, 3 times per year)
Perez asked for a screening example such as a nonconforming trash container. Matzke
explained the upgrading and non-conformities.
Billington asked if staff called out electronic message signs. Matzke explained the
existing language and mentioned the video board language. At this time, staff decided to
leave the language open.
Section 1108 - Conditional Use Permits. Variances. and Amendments
. A Public Hearing is needed for revocation of a Condition Use Permit and
Variance (currently under City Attorney review)
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Planning Commission Meeting
December 22, 2008
. Changes proposed to variance findings of fact language to increase
similarity with the Minnesota Statutes (currently under City Attorney
review)
. Addition of variance from literal provision section (currently under City
Attorney review)
. Language revisions for department classifications were completed.
Section 1109 . Administration Procedures
. Language revisions for department classifications were completed.
Section 1110. Communications Towers
. Minor changes to clarify tower use in park locations and response to a
requested amateur radio antenna height limitation change.
Section 1111 - Adult Uses
. No changes
Section 1112 - Official Maps
. Minor formatting change
Section 1113 - Sie:nae:e For Facilities of Ree:ional Sie:nificance
. Minor formatting changes
Comments from the Public:
There were no comments from the public and the hearing was closed.
Comments from the Commissioners:
Fleming:
. Staff did an incredible job with synchronizing the minutes and all the meetings we
had together.
. Support the final revision.
Billington:
. This is a result over a number of meetings we have had in the past and I do not
see anything that is going to change. It is everything we discussed quite
thoroughly on occasion.
. Support.
Ringstad:
. This almost encompasses almost 2 plus years of meetings. This is a summary of
that work.
. Support.
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Planning Commission Meeting
December 22, 2008
Perez:
. Thanked staff for all their time and effort with this. It is a big undertaking. It has
been 2 plus years and it's been longer than that with questions on a daily basis
from contractors, developers and residents. This just doesn't pop into your head;
there is some reason for it.
. As a staff you do a good job listening to the concerns and getting in front of us
(Commissioners) and saying "what do you think?" Staff then goes forward and
does the research looking at other ordinances from cities to see what they are
doing. It is a thorough research. It was well done.
MOTION BY BILLINGTON, SECOND BY FLEMING, TO RECOMMEND
APPROVAL OF THE PROPOSED ZONING ORDINANCE AMENDMENT WITH
THE CHANGES IN THE STAFF REPORT AND DETAILED IN THE ATTACHED
DOCUMENTS.
Vote taken indicated ayes by all. MOTION CARRIED.
6.
Old Business:
None
7.
New Business:
None
8. Announcements and Correspondence:
Matzke stated the proposed Zoning Ordinance will tentatively go before the City Council
on January 22nd for their final approval and a resolution to adopt the ordinance into effect.
The Planning Commissioners will have a workshop with the City Council on J an 5th to
discuss other items and this will be one of them.
Staff will take public comments if anyone would like to email, contact us or stop by City
Hall and forward on those comments.
9. Adjournment:
The meeting adjourned at 7:05 p.m.
Connie Carlson
Recording Secretary
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
SA
CONSIDER AMENDMENTS TO THE ZONING MAP
JEFF MATZKE, PLANNER
X YES NO-N/A
FEBRUARY 9, 2009
INTRODUCTION:
The Zoning Code Amendments proposed as a part of this report include the following
components:
. Zoning Map
BACKGROUND:
On October 25, 2006 the Metropolitan Council approved the City of Prior Lake 2030
Comprehensive Plan. At that time, as is mandated by State Statute, the Zoning Ordinance
and Zoning Map were required to be aritended to make them consistent with the 2030
Comprehensive Plan.
In addition to the proposed amendments for the purpose of meeting State Statute
requirements, additional amendments are beiIig proposed with the intention of making the
Zoning Ordinance more user-friendly for citizens, business owners, and developers.
PROPOSED AMENDMENTS:
The Planning Commission has already held two previous public hearings regarding the
proposed revisions to the Zoning Map. In accordance with Minnesota State Statute these
public hearings were published in the local newspaper. In addition to the required public
hearings, City Staff has called this final public hearing and has mailed notices to the
affected property own.~rs regar4ing the proposed rezonings. Therefore, this meeting h.as
been called to allow the residents of the various rezoned properties to be heard regarding
any questions or concerns.
The areas of proposed rezoning are as follows:
. The C-2 (Community Business) and C-4 (General Business) are proposed to be
combined into one Zoning District named the C-3 (General Business) District.
This change would create 3 commercial zoning districts, consistent with the 3
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commercial designations (outside of the town center area) of the 2030
Comprehensive Plan Map.
. The R-3 (Medium Density Residential) and R-2 (Low/Medium Density
Residential) Zoning Districts are proposed to be combined into one Zoning
District named the R-2 (Medium Density Residential) District. This change
would create a medium density residential district consistent with the new density
standards approved under the 2030 Comprehensive Plan.
. The TC-T (Transitional Town Center) Use District was added. This area is
currently zoned R-2 (Low/Medium Density Residential) and is proposed under the
2030 Comprehensive Plan to be the area guided for the expansion of the Town
Center.
. A group of 6 R-l (Low Density Residential) properties along Maplewood Street
are being proposed for rezoning to a C-4 (General Business) commercial Use
District. This change would bring the properties in compliance with the current
commercial designation ofthe 2030 Comprehensive Plan.
CONCLUSION:
These changes are being proposed to bring the various properties into compliance with
the 2030 Comprehensive Plan Map and make the current Zoning Map more simple and
user-friendly for citizens, business owners, and developers. Staff has received various
calls over the last couple weeks since the notices were mailed from property owners
inquiring the effects these zoning changes may have on their properties. After discussion
with City Staff, no residents expressed major concerns with the proposed changes. As in
prior public hearings City Staff would recommend these changes to the Zoning Map.
ALTERNATIVES:
1. Recommend approval of the proposed Zoning Map amendments as highlighted in the
preceding staff report and detailed in the attached documents.
2. Recommend specific modifications to the Zoning Map amendments as highlighted in
the preceding staff report and detailed in the attached documents.
3. Continue this item to a date specific, and provide staff with direction on the issues
that have been discussed.
EXHIBITS:
1. Rezoning Map
2. Current Zoning Map
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