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HomeMy WebLinkAboutDecember 22, 2008 PLANNING COMMISSION MINUTES MONDAY, 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 Development/Natural Resource Director 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 Commission meeting were approved as correct - page 3, Perez change to "decrease" instead of "increase". 4. Consent: None 5. Public Hearings: Commissioner Perez read the Public Hearing Statement and opened the meeting. A. Consider amendments to the Zoning Ordinance (Sections 1101 -1113.1000). Planner Jeff Matzke presented the staff report dated December 22, 2008, on file in the office of the City Community Development and Natural Resource Department. The Zoning Code Amendments proposed as a part of this report include the following components: . Zoning Map . Section 1101: 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 1106A: Senior Care (SC) Overlay Districts . Section 1106B: Flexible Development in Areas with High and Moderate Quality Natural Communities L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MNI22208.doc 1 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 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 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 substantive in nature. However, some of the key areas the Planning Commission may want to more closely consider relate to the following: Zonine: 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 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 HOt-General Provisions . Definitions were added (Accessory Apartment, Condominium, Dwelling- Single 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 section 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). L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN122208.doc 2 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 1102-Use District Re2ulations . 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-l 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 1-1 Industrial Use District. . Parking setbacks and structure setbacks were added/revised for the commercial and industrial use districts. Section 1104 - Shoreland Re2ulations . 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) 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. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MNI22208.doc 3 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 Ree:ulations . 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 Hie:h 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) L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN122208.doc 4 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 - Sienaee For Facilities of Reeional Sienificance . 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. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN122208.doc 5 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 L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN122208.doc 6