HomeMy WebLinkAbout9A - Chapter 11 Zoning Ordinance and Zoning Map
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
FEBRUAURY 17, 2009
9A
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE ZONING
MAP AND SECTIONS 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108,
1109,1110,1111,1112, AND 1113 OF THE ZONING ORDINANCE
Introduction
The purpose of this agenda item is to review and seek City Council approval of
proposed amendments to the Zoning Ordinance and Zoning Map to make
them both consistent with the 2030 Comprehensive Plan. (The proposed
Zoning Ordinance Sections and Zoning Map are located on a CD which
accompanies this report.)
Historv
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 make
them consistent with the 2030 Comprehensive Plan. Since the adoption of the
2030 Comprehensive Plan City Staff and the Planning Commission have been
working to complete the necessary revisions.
The Planning Commission has held several workshops and 5 public hearings
over the last year to discuss the amendments and present them to the general
public. The Planning Commission recommends approval of these amendments
to the Zoning Ordinance and Zoning Map.
Current Circumstances
In addition to the proposed amendments made bring the Zoning Ordinance
and Zoning Map into conformance with the 2030 Comprehensive Plan,
additional amendments are being proposed with the intention of making the
Zoning Ordinance more understandable and user-friendly for citizens,
business owners, and developers.
The vast majority of the proposed amendments are not substantive in nature.
However, some of the key areas the City Council may want to review closely
relate to the following:
Zonina Map
. In a limited number of cases, properties were adjusted from one Zoning
District to another to make the density consistent with the new density
standards approved with the 2030 Comprehensive Plan.
. The TC-T Transitional Town Center Use District was added in
conformance with the 2030 Comprehensive Plan.
www.cityofpriorlake.com
"Phone 952.447~98(!)O /. Fax 952.44rt:;4J245;l
Section 11 01-General Provisions
. Various definitions were added (Accessory Apartment, Condominium,
Dwelling-Single Family Attached, Dwelling-Single Family Detached,
Model Home, New Construction, Remodel, Sales Trailer, Stable-
Commercial, Stable-Private, School, Townhouse, etc).
. After the sign definition, the specific definitions for types of signs (Le.:
construction, real estate, etc) are referenced by section and instead
relocated in the sign portion ofthe Code (Section 1107.400).
. Changes in the layout were made to make it more readable (bulleting
where appropriate, etc).
. Sales Trailers were added as a Temporary Use.
. The Land Use Descriptions were rearranged to be in alphabetical
order.
. Land Use Descriptions were added (Contractor Yard and
Transportation Facility).
Section 1102-Use District Reaulations
. Accessory Apartment was added as a use in all residential districts and
the agricultural district.
. The R-2 (Low-Medium Density Residential) and R-3 (Medium Density
Residential) Districts were combined into a single medium density
residential district (new R-2 Medium Density Residential).
. Accessory structure regulations (under the Residential Performance
Standards) were changed including allowance for a maximum size of
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
(new C-2 General Business).
. Car Wash regulations were added as a separate use in the C-1 and
C-2 Districts.
. The C-3 (Specialty Business) Use District was renamed the TC (Town
Center) Use District in accordance with the 2030 Comprehensive Plan
Map. Additional design guidelines were added to the TC District.
. The TC-T (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 newly proposed C-2
District will require Conditional Use Permits.
. Contractors Yard Use conditions were added to the 1-1 Industrial Use
District.
. Parking setbacks and structure setbacks were added/revised for the
commercial and industrial use districts.
Section 1104 - Shoreland Reaulations
. 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 (1101.503)
. Legally existing water-oriented accessory structures are allowed to be
replaced similar to the way the ordinance treats replacement decks.
. Various minor language changes were made to create consistency with
the newly approved Public Works Design Manual.
Section 1105 - Flood Plain Reaulations
. Language revisions for department classifications were completed.
Section 1106 - Planed Unit DeveloDments
. 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 or the Elderly Housing
permitted use.
Section 1106B - Flexible DeveloDment in Areas With Hiah and Moderate.
qualitv Natural Communities
. Minor formatting change
Section 1108 - Conditional Use Permits" Variances. and Amendments
. A Public Hearing is needed for revocation of a Condition Use Permit
and Variance
. Changes proposed to variance findings of fact language to increase
similarity with the Minnesota Statutes
. Language revisions for department classifications were completed
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). This proposal will simplify the
time limits of temporary signs.
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 amateur radio
antenna height limitation change.
',.)"CJln:.:l:1C(.:
r-','
Section 1111 - Adult Uses
. No changes
Section 1112 - Official MaDs
. Minor formatting changes
Section 1113 - Sianaae For Facilities of Reaional Sianificance
. Minor formatting changes
A considerable amount of time and effort has been spent to be comprehensive
in the scope of revisions. Numerous topics have been discussed during the
review process and some have not been included as ordinance revisions at
this time.
Transitional zoning has been applied to the downtown area only. It has not
been specified for other residential areas that may transition to commercial
uses nor has it been specified for areas intended to be annexed into the City
from the surrounding townships.
The proposed Zoning Ordinance also does not include "green provisions"
which are intended to encourage development which are more earth friendly.
There are currently two initiatives underway to prepare such revisions. One is
a volunteer project utilizing Graduate students from the Humphrey Institute to
research possible green alternatives. The other is a joint effort between Prior
Lake, Shakopee, and Savage in cooperation with SCALE to receive grant
dollars to draft ordinance provisions which the cities could choose from to
address their perceived needs. Once these initiatives are complete, the City
Staff will recommend further green revisions to the Zoning Ordinance.
The City Attorney has reviewed these proposed ordinance amendments. The
City Staff and the Planning Commission recommend the proposed Zoning
Ordinance and Zoning Map amendments for adoption by the City Council.
FINANCIAL
IMPACT:
The proposed rezoning amendments will provide several properties in the City
the opportunity to be used for more varied types of commercial land uses
thereby increasing the general tax base.
ALTERNATIVES:
1. Adopt an ordinance for the proposed amendments to the Zoning Map and
Zoning Ordinance and approve a resolution for an ordinance summary to
be published in the local paper.
2. Defer this item and provide staff with specific direction.
Re&J;t
Frank BO(j:;1y rana~er
Two separate motions are required:
1. The Planning Commission and City Staff recommend a motion and
second to adopt an ordinance for the proposed amendments to the
Zoning Map and Zoning Ordinance.
2. A motion to approve a resolution for an ordinance summary to be
published in the local newspaper. The ordinance will become effective
after publication.
RECOMMENDED
MOTION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 09-XX
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND SECTIONS
1101,1102,1103,1104,1105,1106,1107,1108,1109,1110,1111,1112,AND
1113 OF THE ZONING ORDINANCE
MOTION BY:
SECOND BY:
The City Council of the City of Prior Lake does hereby ordain:
1. In accordance with Minnesota Statute Law, the Planning Commission has
held public hearings regarding these amendments to the Zoning Ordinance
and Zoning Map on April 14, 2008; May 12, 2008; June 24,2008; December
22, 2008; and February 9, 2009.
2. The City Council has considered the advice and recommendation of the
Planning Commission, City Staff, and others pertaining to the Zoning
Ordinance and Zoning Map for the City of Prior Lake.
3. The City Council makes the specific findings set forth in Exhibit A attached
hereto.
4. The document entitled Draft Zoning Ordinance, dated February 17, 2009,
attached hereto as Exhibit A is hereby adopted and hereby replaces the Prior
Lake Zoning Ordinance Sections 111.1.100 through 1113.1000.
5. This ordinance shall become effective on March 1, 2009 and after its
passage and publication.
Passed by the City Council of the City of Prior Lake this 1 ih day of February,
2009.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the 28th day of February, 2009.
Drafted By:
Prior Lake Community Development & Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
1:\08 files\08 subject\zoning update ordinance sec~.I(!~eJfj9?'Mfte.com
Page 1
Phone 952.447.9800 / Fax 952.447.4245
EXHIBIT A
FINDINGS OF FACT
I. The City Council finds it necessary to regulate land by:
a) Providing for land uses that are permitted in the City.
b) Regulating the location of land uses that are permitted in the City.
c) Regulating dimensional standards relating to height, floor area ratio, side yard abutments,
minimum lot width, front yard setbacks, front and rear yard depth requirements, and
housing density.
d) Imposing performance standards on land uses that regulate, in part, vibration, glare and
heat, industrial waste material, noise, air pollution, outside storage, traffic, hours of
operation, outdoor activity, parking, utilities, vehicular access, light, landscaping,
bufferyards, signage and proximity to other uses.
2. Further, the City Council finds that these regulations are reasonable and relate to promoting a
legitimate government interest.
3. The City Council finds, based upon its experience and judgment, public testimony, advice
and recommendation of City staff, the Planning Commission, and other expert opinion, that in
certain circumstances, land use regulations, including, but not limited to, regulating permitted,
accessory, permitted with conditions, and permitted as conditional uses, and requiring compliance
with dimensional and performance standards do not provide sufficient protection to the health,
welfare and safety of the citizens of the City to protect against nuisances.
4. The City Council has the authority to prohibit new land uses in the City which are
detrimental to the health, safety and welfare of the citizens, inconsistent with the goals, objectives
and policies set forth in the Comprehensive Plan, cause diminution in property values, spread of
urban blight, or are a nuisance.
5. The City Council has the authority under its statutory police powers to enact reasonable
legislation to preserve and protect the health, welfare, and safety of the community and to prohibit
certain land uses in the City that the Council reasonably believes may have adverse effects on
surrounding neighborhoods and property values or are a nuisance.
6. The City Council finds that in order to promote the health, welfare and safety of the
community, to maintain property values and to implement the goals and policies of the
Comprehensive Plan, it is necessary to:
a) Rezone certain properties consistent with the goals, objectives and policies set forth in the
Comprehensive Plan;
b) Prohibit the establishment of new land uses in the city which have the likelihood of
creating impacts generally associated with public nuisances;
c) Impose performance standards on commercial and industrial uses based upon the
proximity of the commercial and industrial use to other uses; and
d) Impose conditions on the expansion, enlargement, intensification and reconstruction of
nonconforming uses.
7. Further, the City Council finds that actions set forth in Finding 6 (a-d) are necessary and
reasonably related to promoting legitimate government interests.
8. The Zoning Ordinance establishes land uses that are permitted in the City either as permitted
uses, uses permitted with conditions, or uses permitted with conditional use permits.
1:\08 files\08 subject\zoning update ordinance sections\zoning ord09xxexhibit a.doc
9. The City Council finds that uses classified as permitted uses are those that do not have the
tendency to create significant noise, vibration, odor, dust, fumes, emissions, heavy traffic, glare,
crime, diminution in property values, urban blight or unpleasant aesthetics; but that from time to
time it may be necessary to amend the zoning ordinance relating to uses that are permitted in the
City.
10. The City Council finds it necessary to eliminate and prohibit certain land uses that are
incompatible within the nature and character of the City, incompatible with surrounding
neighborhoods and are inconsistent with the goals set forth in the Comprehensive Plan.
1:\08 files\08 subject\zoning update ordinance sections\zoning ord09xxexhibit a.doc
2
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 09-XX
RESOLUTION ADOPTING A SUMMARY OF THE NEW ZONING ORDINANCE FOR
PUBLICATION PURPOSES
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY: SECOND BY:
The City Council has considered the advice and recommendation of the
Planning Commission, staff reports and other pertinent material pertaining to
the comprehensive Zoning Ordinance and Zoning Map for the City of Prior
Lake, and the testimony of interested persons at public hearings on April 14,
2008; May 12, 2008; June 24, 2008; December 22, 2008; and February 9,
2009; and
The current Prior Lake Zoning Ordinance 1001.100 through 1113.1000 are
hereby repealed; and
On February 17, 2009, the City Council adopted Ordinance 09-XX adopting a
Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake,
and setting forth specific findings of fact; and
Minnesota Statutes requires publication of the Zoning Ordinance in the
official newspaper; and
Minnesota Statutes also allow the publication of a summary of this ordinance;
and
The City Council has determined the publication of a summary of this
ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the City Council approves the following summary of the new Zoning Ordinance
adopted by Ordinance 09-XX, and authorizes publication of the following summary:
SUMMARY OF ORDINANCE 09-XX, THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF PRIOR LAKE
The comprehensive Zoning Ordinance for the City of Prior Lake is a new zoning ordinance and is
intended to regulate and guide current and future development in the City. The ordinance
consists of thirteen major sections as follows:
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
General Provisions
Use District Regulations
Overlay Districts
Shoreland District Regulations
Flood Plain District Regulations
Planned Unit Developments
General Performance Standards
Conditional Use Permits, Variances and Amendments
Page 1
1:\08 files\08 subject\zoning update ordinance ~~~OOR'<!.~lWion 09xx.doc
Phone 952.447.9800 / Fax 952.447.4245
Section 9
Section 10
Section 11
Section 12
Section 13
Administration Procedures
Communication Towers
Adult Uses
Official Maps
Signage for Facilities of Regional Significance
The following is a summary of each major section of the ordinance.
Section 1: General Provisions. In this section, the City Council finds it necessary to establish
minimum requirements to protect the public health, safety, morals, comfort, convenience and
general welfare of the people. The Ordinance divides the City into land use districts and
establishes regulations which control the location, erection, construction, reconstruction, alteration
and use of structures and land. This section also contains the rules of construction which govern
the application and interpretation of the various provisions of the Ordinance, and it defines and
illustrates, where applicable, the terms and abbreviations used in the Ordinance. This section
also contains general regulations which apply throughout the community relating to lot provisions,
yard encroachments allowed, fences, traffic visibility, pedestrian access, modification to height
limits, grading and filling, and provisions for temporary land uses.
Section 2: Use District Reaulations. This section contains the requirements for eleven Use
Districts in the City. These districts are:
A Agricultural
R-S Rural Subdivision Residential
R-1 Low Density Residential
R-2 Medium Density Residential
R-3 High Density Residential
TC Town Center
TC-T Transitional Town Center
C-1 Neighborhood Commercial
C-2 General Business
C-3 Business Park
1-1 General Industrial
In each district, specific land uses are permitted, permitted with conditions, permitted with
conditional use permits, permitted through the Planned Unit Development process, or permitted
as accessory uses. The Use District regulations also specify specific performance standards
which must be met, as well as dimensional standards including lot area, lot width, building and
parking setbacks, floor area ratio, and height limits. This section also includes general
performance standards for the Residential Use Districts, the Commercial Use Districts and the
Industrial Use Districts.
The purpose of the "A" Agricultural Use District is to protect existing agricultural investments until
such time as public utilities may be extended and there is a need for additional urban development.
It is also intended to provide for larger lots to insure that the feasibility of future urban development is
not compromised.
The purpose of the "R-S" Rural Subdivision Residential Use District is to provide suitable areas for
large lot development outside of the Metropolitan Urban Service Area identified on the
Comprehensive Plan. The emphasis in these areas is on single family residential development. The
Use District provides for other uses which are compatible with the overall low density of these areas
and which will serve the residential neighborhood.
The purpose of the "R-2" Medium-Density Residential Use District is to provide for areas with a
mixture of single family and two family dwellings at a higher density. The Use District also
1:\08 files\08 subject\zoning update ordinance sections\zoning summary resolution 09xx.doc
Page 2
provides for other uses which are compatible with the development in the area and still maintain
the overall medium density.
The purpose of the "R-3" High-Density Residential Use District is to provide for multi-family
residential uses of the highest intensity, along with supportive uses of similar intensity.
The purpose of the "TC" Town Center Use District is to provide for a variety of commercial uses
within the framework of a traditional downtown area. The district also contemplates and provides
for pedestrian circulation, urban and civic design and the creative reuse of existing buildings.
The purpose of the ''TC-T'' Transitional Town Center Use District is to provide a special
designation for the fringe areas of the historical and recognized downtown business area. Eventually
redevelopment, stimulated in part by available City programs, should encourage the complete
transition of this district to commercial uses which are compatible with the purposes of the Town
Center. New development and redevelopment in the TC-T will only be permitted if it conforms to the
uses allowed in the "TC" Town Center Use District
The purpose of the "C-1" Neighborhood Commercial Use District is to provide for low intensity,
service-oriented commercial uses for surrounding residential neighborhoods. Limits will be placed
on the type, size and intensity of commercial uses in this district to insure and protect compatibility
with adjacent residential areas.
The purpose of the "C-2" Community Business Use District is to allow the concentration of general
commercial development for the convenience of the public and mutually beneficial relationship to
each other in those areas located away from residential areas designated by the Comprehensive
Plan; to provide space for community facilities and institutions that appropriately may be located in
commercial areas; to provide adequate space to meet the needs of modern commercial
development, including off-street parking and truck loading areas; to minimize traffic congestion;
and to carefully regulate the intensity of commercial development as it refers to both internal site
factors and external impacts.
The purpose of the "C-3" Business Park Use District is to promote high standards of design and
construction for business park uses in the City. These standards are set forth in order to enhance
the visual appearance of each business park within the City, to preserve the taxable value of
property and to promote the public health, safety and welfare.
The "1-1" General Industrial Use District is intended to provide areas of the community which will
allow general industrial uses which, due to their size and nature, would not conform to the "C-5"
Business Park Use District.
Section 3: Overlav Districts. This section lists the 3 overlay districts allowed by the Ordinance.
Overlay districts are Use Districts that encompass one or more underlying Use Districts and that
impose additional requirements above that required by the Use District.
Section 4: Shoreland Reaulations. This Chapter is adopted pursuant to the authorization and
policies contained in Minnesota Statutes, chapter 103F, Minnesota Code of Agency Regulations,
parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota
Statutes, chapter 462. The uncontrolled use of shorelands of the City of Prior Lake affects the
public health, safety and general welfare not only by contributing to pollution of public waters, but
also by impairing the local tax base. Therefore, it is in the best interests of the public health,
safety and welfare to provide for the wise development of shorelands of public waters. The
Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate
the subdivision, use and development of the shorelands of public waters and thus preserve and
enhance the quality of surface waters, preserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related land resources. This
responsibility is hereby recognized by the City of Prior Lake.
1:\08 files\08 subject\zoning update ordinance sections\zoning summary resolution 09xx.doc
Page 3
Section 5: Flood Plain Reaulations. The purpose of the Flood Plain regulations is to regulate
development in areas subject to flooding in order to minimize the potential loss of life, property
and health and to minimize safety hazards, disruption of commerce and governmental services
and impairment of the tax base.
Section 6: Planned Unit Develooments. The purpose of this section is to allow the creation of
Planned Unit Developments that allow greater flexibility in the development of a parcel by tailoring
the development to the site and neighborhood. This section outlines the Planned Unit
Development process and criteria, the minimum requirements, and the allowed modifications.
Section 7: General Performance Standards. This section contains rules and regulations which
may apply to certain properties or certain types of developments in the City. These regulations fall
into the seven categories as follows:
A) Standards and requirements for the provision of of-street parking for each land use in
the City are established.
B) The size, location and type of signs are regulated based on the type of land use and
the Use District in which it is located.
C) Requirements for lighting and illumination levels are established to minimize the
impact of light pollution on adjacent properties.
D) Extensive standards for landscaping and bufferyards are established. The intent is to
minimize the impact of higher intensity, typically nonresidential land uses on lower
intensity, residential land uses.
E) Regulations and restrictions are established for the preservation, removal and
replacement of trees in wooded areas within the City. These provisions apply to new
development and to development on vacant lots.
F) Standards for Architectural Design are established to promote a high standard of
development in the City.
G) Standards and regulations for properties, structures and land uses which do not
comply with the terms of the Zoning Ordinance are established. This section
establishes different categories of non-conformities and prescribes procedures
dealing with the treatment of each type of non-conformity.
Section 8: Conditional Use Permits. Variances and Amendments. This section establishes the
criteria and the procedures for obtaining a conditional use permit and a variance. It also
establishes criteria and procedures for amendments to the Zoning Ordinance, the Zoning Map
and the Comprehensive Plan.
Section 9: Administration Procedures. The purpose of this subsection is to outline the general
administration procedures and provisions of this Ordinance. General administration functions
deal with matters such as the interpretation of the ordinance, appeals of the decision of the Zoning
Administrator or other appointed bodies, general notification and public hearing requirements,
enforcement of the Ordinance, building permits, certificates of occupancy, application fees, and
other administrative procedures.
Section 10: Communication Towers. This section outlines the general requirements and
restriction for communication antennas and towers within the City.
Section 11: Adult Uses. In order to protect the City's community image, property values, public
health, safety, welfare and business environment, the City has found it necessary to restrict which
businesses may be located within the City, and to regulate certain businesses. Only those
1:\08 files\08 subject\zoning update ordinance sections\zoning summary resolution 09xx.doc
Page 4
businesses with potential secondary impacts on neighboring properties and the City are intended
to be regulated. This Section is not intended to restrict or regulate art.
Section 12: Official MaDs. This section defines Official Maps according to Minnesota Statutes,
and establishes the procedures for the adoption of an official map.
Section 13: Sianaae for Facilities of Reaional Sianificance. The purpose of this ordinance is to
establish standards to encourage the effective use of off-premise signs as a means of directing
vehicular and pedestrian traffic to Facilities of Regional Significance.
Passed and adopted this 17th day of February, 2009.
YES
NO
Haugen
Hedberg
Erickson
LeMair
Millar
Haugen
Hedberg
Erickson
LeMair
Millar
{Seal}
Frank Boyles, City Manager
City of Prior Lake
1:\08 files\08 subject\zoning update ordinance sections\zoning summary resolution 09xx.doc
Page 5