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Prior Lake, MN 55372-1714
RESOLUTION 09-082
RESOLUTION ADOPTING A SUMMARY OF THE NEW ZONING ORDINANCE FOR
PUBLICATION PURPOSES
MOTION BY: LeMair
SECOND BY: Millar
WHEREAS, 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
WHEREAS, The current Prior Lake Zoning Ordinance 1101.100 through 1113.1000 are
hereby repealed; and
WHEREAS, On May 18, 2009, the City Council adopted Ordinance 109-05 adopting a
Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake,
and setting forth specific findings of fact; and
WHEREAS, Minnesota Statutes requires publication of the Zoning Ordinance in the official
newspaper; and
WHEREAS, Minnesota Statutes also allow the publication of a summary of this ordinance;
and
WHEREAS, 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 109-05, and authorizes publication of the following summary:
SUMMARY OF ORDINANCE 109-05, 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 General Provisions
Section 2 Use District Regulations
Section 3 Overlay Districts
Section 4 Shoreland District Regulations
Section 5 Flood Plain District Regulations
Section 6 Planned Unit Developments
www. cityofpriorlake. com
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Section 6A Flexible Development in Areas with High and Moderate Quality Natural
Communities
Section 7 General Performance Standards
Section 8 Conditional Use Permits, Variances and Amendments
Section 9 Administration Procedures
Section 10 Communication Towers
Section 11 Adult Uses
Section 12 Official Maps
Section 13 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. Major changes to this Section include the following:
• 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).
• 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).
• Sales Trailer was added as a Temporary Use.
• The Land Use Descriptions were rearranged to be in alphabetical order.
• Land Use Descriptions were added/revised (Contractor Yard, Copy Shop, Printing
Process, and Transportation Facility).
Section 2: Use District Regulations. 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
I-1 Generallndustrial
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.
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.
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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-1" Low-Density Residential Use District is to provide areas where the
emphasis 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
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" General Business Use District is to allow the concentration of general
commercial development for the convenience of the public and a mutually beneficial
relationship to each other; 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 "I-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.
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Major changes to this Section include the following:
• 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 new 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 now require Conditional Use
Permits
• Contractors Yard use conditions were added to the I-1 Industrial Use District.
• Parking setbacks and structure setbacks were added/revised for the commercial and
industrial use districts.
Section 3: Overlay 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 Regulations. 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. Major changes to this Section include the
following:
• Additional language added to specify the necessary requirements for the geotechnical
engineering report needed for all construction within a buff impact zone or bluff setback.
• Legally existing water-oriented accessory structures are allowed to be replaced similar
to the process for replacement decks.
• Various minor language changes were made to create consistency with the newly
approved Public Works Design Manual.
Section 5: Flood Plain Regulations. 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 Developments. 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.
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Section 6A: Flexible Development in Areas with High and Moderate Quality Natural
Communities. The purpose of flexible development is to preserve and protect the specified
High and Moderate Quality Natural Communities.
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. Major changes to
this Section include the following:
• 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).
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. Major changes to this Section include the following:
• Addition of a public hearing requirement for revocation of a Condition Use Permit and
Variance
• Changes are proposed to the variance findings of fact language to increase similarity
with the Minnesota Statutes
Section 9: Administration Procedures. The purpose of this subsection is to outline the general
administration procedures and provisions of this Ordinance.
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 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 Maps. This section defines Official Maps according to Minnesota Statutes,
and establishes the procedures for the adoption of an official map. Major changes to the Zoning
Map include the following:
• 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.
Section 13: Signage for Facilities of Regional Significance. 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.
A complete text of the newly adopted zoning ordinance can be found at City Hall or in the
Document Center on the City of Prior Lake Website on or after June 1, 2009.
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Passed and adopted this 18th day of May, 2009.
YES NO
Hau en X Hau en
Hedber X Hedber
Erickson X Erickson
LeMair X LeMair
Millar X Millar
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Frank Boy a ity Manager
City of Prior Lake
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