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REGULAR PLANNING COMMISSION AGENDA
TUESDAY, MAY 26, 2009
City Council Chambers
6:00 p.m.
1. Call Meeting to Order:
2. Approval of Minutes:
A. April 27, 2009
3. Public Hearings:
A. Consider amendments to the Zoning Ordinance.
These amendments relate to the establishment of Interim Uses:
• Section 1101: General Provisions of the Zoning Code
• Section 1102: Use District Regulations of the Zoning Code
This amendment proposes that shopping center uses with a gross floor area greater
than 150,000 square feet will require a conditional use permit:
• Section 1102: Use District Regulations of the Zoning Code
These amendments relate to the process of Appeals to the District Court:
• Section 1109: Administrative Procedures of the Zoning Code
• Section 1006: Administration and Enforcement of the Subdivision Code
4. Old Business:
5. New Business:
6. Announcements and Correspondence:
7. Adjournment:
www. cityofpriorlake. com
Phone 952.447.9800 /Fax 952.447.4245
PLANNING COMMISSION MINUTES
MONDAY, APRIL 27, 2009
1. Call to Order:
Chairman Ringstad called the April 27, 2009 Planning Commission meeting to order at 6:00 p.m. Those
present were Commissioners Fleming, Perez, Billington and Ringstad, Planner Jeff Matzke, Assistant
City Engineer Larry Poppler, Finance Director Jerilyn Erickson, Council Liaison Ken Hedberg, and
Community Development Assistant Michelle Czycalla.
2. Approval of Minutes:
The Minutes from the March 9, 2009, Planning Commission meeting were approved as presented.
3. Public Hearings: None
4. Old Business: None
5. New Business:
A. 2010 - 2014 Capital Improvement Program Review
Planner Jeff Matzke presented the staff report dated April 27, 2009, on file in the office of the
Community Development and Natural Resources Department.
Larry Poppler, Assistant City Engineer, reviewed the 27 items outlined in the CIP.
Questions from the commissioners
Ringstad asked if park dedication fees on individual lots as they are platted make up the funding for park
improvements or does this come from a different fund in the City. Poppler stated the fees come from the
capital parks fund which is funded through development. Poppler added that when compared to last years
CIP the City has moved things back because development is slow. Ringstad asked if the fees get paid at
the time of platting or when the building permit is issued. Poppler replied at the time of platting.
Ringstad asked if the park dedication fees for bare lots have already been paid and are in the accounts
right now. Poppler replied yes, some commercial development can also generate some of that as well.
Fleming asked if the $24.5 million is an increase or decrease over the previous CIP. Poppler stated that
the previous CIP included other intergovernmental items listed and this CIP is only the City funds. Last
years CIP included the funds that the County contributed to projects so it was closer to $40 million.
Fleming questioned why the water storage fund cash balance goes down drastically. Poppler replied that
this is mainly because the new storage facility is part of the CIP. He added once the facility is
constructed it will provide storage for the City for many years and we likely wouldn't need additional
storage until some of the annexation area gets developed and those funds are built back up.
Fleming asked if the $30,000 for tree planting could be expanded over the entire 5 years, spending
$6,000 every year. Poppler stated this is a comment that we can pass onto the City Council.
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Planning Commission Meeting
April 27, 2009
Fleming commented that in 2012 the City is due to receive $200,000 from the State and asked what
degree of confidence the City has in that number and what options are available to us to ensure that the
CIP goes forward. Poppler stated that he doesn't have a good answer for him right now. Fleming
commented that he will pass that along to the Council for their consideration.
Poppler commented on Flemings previous questions regarding the $24.5 million. When taking out the
intergovernmental aid from last year, we would be right around the $24.5 million.
Perez asked if the six year revenue projection on page one was on the conservative side. Poppler replied
yes and stated that a lot of the items that are in the CIP are for later years. Poppler added that the City can
adjust things back if projections are inaccurate. If the City sees that development is not picking up again
some of those items (backstops, etc.) can be pushed back to future years.
Perez commented when looking at street improvements, it looks like there is nothing planned for 2010.
Perez acknowledged that street improvements are always a concern in the City and often hears that we
are behind. Perez asked what does this do when the City is taking a year off. Poppler replied that the City
is not taking a year off. The City is dedicating the 2010 and 2011 funds towards the next phases of the
CR 12 project and other County projects. Partnering with the County on those projects sacrifices the City
reconstruction projects until the dollars and recourses are available again. Perez commented that as far as
the residential streets, this is obviously going to put us behind. Poppler stated that CR 12 is more or less a
residential street. There are many homes on that project; it is a different type of County road. There are
many water and sewer services along that project that will make it a neighborhood project and the City
will be heavily involved.
Perez asked if connecting Fish Point Road to CR 21 has been taken out of the C1P. Poppler replied that
the project was always developer driven and added the City would need to partner with the developer in
expanding that roadway to collector street width. Poppler noted that with development the way it is now,
the City doesn't see that happening in this CIP period.
Billington commented that given the fiscal scenario, he believes this is a prudently drafted CIP plan for
the immediate future. Billington doesn't see any real problems with it. Billington added it is certainly
within the parameters of the Comprehensive Plan and given the fiscal restraints the City will face, he
thinks it's well done and will support it.
Ringstad commented that he agrees with Commissioner Billington that this is a well drafted plan.
Ringstad invited Councilman Ken Hedberg to the podium for comments.
Hedberg commented that there are a few items that he thinks should be addressed by the Council and is
curious on the Planning Commissions input. One of the items is the two year period of no neighborhood
street reconstruction because of County road projects. Hedberg mentioned the City had a similar period a
few years ago where it didn't undertake any neighborhood street reconstruction and that put the City
behind. The Council then restructured the street reconstruction program and put more money into it to
get these projects done quickly. Hedberg thinks the Welcome Avenue street reconstruction and the CR
44/Main Ave/TH 13 intersection are both important, but they displace neighborhood street reconstruction
in this CIP period. If the City put one or both of these projects off for a few years it could accelerate
some neighborhood street reconstruction. Ken will raise those questions to the Council.
Fleming asked if there is a way to do both. Fleming added he doesn't want to forgo one to achieve the
other. He asked if there is efficiency in looking at the entire pot of money, identifying the critical areas in
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Planning Commission Meeting
April Z7, 2009
neighborhood streets and putting aside some money for those but not forgoing our commitment to the
bigger projects. Fleming stated he would be in favor of that.
Ringstad asked if traffic patterns on the County road projects and the amount of cars these roads are
carrying on a daily basis funnel into the immediate need of doing these projects now, whereas a
neighborhood street isn't going to carry near the same amount of traffic so they get pushed back to work
out the greater need of the public traffic patterns.
Poppler added that the industrial park project is in our wellhead protection area and the City think it's
important to get sewer and water to those properties so infiltration issues don't occur. Poppler thinks the
City could delay the Main Ave/CR 44/TH 13 project. Poppler added the staff was possibly going to
propose delaying the Main Ave/CR 44/TH 13 project as an alternative and that it would be discussed
more at the workshop. Poppler thinks the staff would support this.
Hedberg commented that CR 12 not only functions as an important east-west connecter, but it also
functions as a neighborhood street and desperately needs reconstruction. Hedberg stated the Council has
had a lot of debate on the Arcadia/CR 21 intersection. This is an important project to get completed
because as traffic builds with Main Avenue and CR 2l becoming increasingly nonfunctional there needs
to be another way for both pedestrian and vehicular traffic to circulate from the north side to the south
side of downtown. Hedberg added the CR 44/Main Ave/TH 13 intersection is a traffic disaster.
Martinson/Lords Street/Edinborough isn't even on the list in the next five years, and that area is a mess.
Hedberg commented that the City is putting off the Boudin/Timothy/Watersedge neighborhood to 2014
and beyond and that has been a mess for years. The steps the Council took last year to restructure the
transportation plan and funding so the City could get all the remaining street reconstruction done in 18
years was an important step forward. It's still going to take 18 more years from that point to get through
the street reconstruction, by which time the ones that were first constructed to modern standards will be
32 years old. Hedberg is concerned about deferring neighborhood street reconstruction and invited
Finance Director Erickson to comment about the availability of funding and how we have been working
that into our City budget.
Erickson commented that the City would have to go back and reevaluate the funding availability
regarding the City reconstruction projects. Erickson also stated that in order to meet the plan mentioned
earlier about the reconstruction of the City streets, the City would have to go back and reevaluate as part
of the work session with the Council Members to determine if there should be any reprioritization of
individual streets.
Hedberg clarified that he has heard two Commissioners indicate if it's fiscally possible they would like
to see us keep the neighborhood reconstruction projects moving forward without the two year delay but
not decommit from the larger projects.
Billington asked Councilor Hedberg if there has been criticism or concern from the citizens about the
current conditions of the streets in some areas. Hedberg replied he has heard that the Shady Beach area is
a disaster and there is increasing complaints from people in that area. The Boudin/Timothy
Ave/Watersedge neighborhood has been rightfully complaining about their streets for about ten years.
Poppler added that has heard a lot from Shady Beach over the last five years and has heard from the
Glendale/Rustic area, the Blind Lake area and the Boudin area regarding their streets.
Hedberg commented that he is shocked he hasn't heard from the Lords Street/Martinson Island people,
because some of those streets are horrible. Hedberg has personally heard quite a bit from different
neighborhoods. Hedberg added that before we did this longer term transportation plan and moved up the
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Planning Commission Meeting
April 27, 2009
schedule of street reconstruction, the City is looking at 30+ years before all the neighborhood street
reconstructions are completed, at which time the oldest would be approaching 50 years old and way
beyond their design life. These reconstruction projects are designed to last about 30 years. From
Hedberg's personal views, and from what he has heard from a variety of residents, he believes the City
has got a lot of streets that just don't measure up to what is expected of our community.
Ringstad asked if the street reconstruction projects are paid through City funding or if they were assessed
back to the homeowners on those streets through years on their taxes. Erickson replied that it is a
combination of debt levy as well as special assessments and other funding sources from Municipal State
Aid and some of our Enterprise Funds, the Water Quality Fund and Sewer Fund. Erickson added that
when referring to the 18 year plan there is a balance of incrementally increasing that debt service levy to
accommodate these projects and if the City wanted to do all of them in a shorter period of time that debt
levy would go up so there would be a direct tax impact.
Ringstad asked about what percentage would be assessed to the homeowner and what percentage is the
City going to pick up. Poppler replied that we assess 40 percent of the street and storm sewer
components of the project which amounts to 30 percent of those bid items. The assessments have been in
the neighborhood of $6,000 to $7,000 per parcel. The City assess them "unit method'' meaning each
parcel is assessed the same amount. Ringstad clarified that the cost per unit that gets assessed back to the
unit is about $6,000 to $7,000. He then asked if the owner has the opportunity to pay that all at once or it
goes on their County tax bill over a period of time. Poppler replied yes, over a ten year time frame.
Perez explained his reasoning behind addressing this issue. He stated that if the City could do both he
would be in favor of that.
MOTION BY FLEMING, SECOND BY PEREZ, TO ASK THAT THE PLANNING COMMISSION
COMMENTS BE FORWARDED ON TO THE CITY COUNCIL FOR THEIR REVIEW ON THE
CAPITAL IMPROVEMENT PROGRAM.
Vote taken indicated ayes by all. MOTION CARRIED.
6. Announcements and Correspondence:
Planner Matzke introduced our new Community Development Assistant Michelle Czycalla.
7. Adjournment:
The meeting adjourned at 6:45 p.m.
Michelle Czycalla
Community Development Assistant
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PLANNING REPORT
AGENDA ITEM: 3A
SUBJECT: CONSIDER VARIOUS AMENDMENTS TO THE CITY
ZONING AND SUBDIVISION ORDINANCES IN SECTIONS
1006, 1101, 1102, AND 1109
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: X YES NO-N/A
DATE: MAY 26, 2009
INTRODUCTION:
The purpose of this public hearing is to consider various amendments to the City
Subdivision and Zoning Ordinance. The amendments are proposed for the following
specific sections:
Amendments related to the establishment of Interim Uses:
• Section 1101: General Provisions of the Zoning Code
Section 1108: Conditional Use Permits, Variances, and Amendments of the
Zoning Code
An amendment proposing that shopping center uses with a gross floor area greater
than 150,000 square feet will require a conditional use permit:
• Section 1102: Use District Regulations of the Zoning Code
Amendments related to the process of Appeals to the District Court:
• Section 1109: Administrative Procedures of the Zoning Code
• Section 1006: Administration and Enforcement of the Subdivision Code
DISCUSSION
Interim Uses:
During the current Zoning Ordinance Update review process the City Council discussed
situations that may exist when a land use of temporary or seasonal nature may be
suitable for a specific Use District in which they otherwise would not be allowed. In an
effort to allow these uses to exist in a temporary state the adoption of allowing Interim
Uses with specific conditions is proposed. In a particular case, a school is requesting
permission to operate from a site in a Commercial Use District. All uses classified as
educational schools in the Zoning Ordinance may currently exist in Residential Use
Districts only.
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Page 1
Phone 952.447.9800 /Fax 952.447.4245
Shopping Centers greater than 150,000 square feet:
Currently the Ordinance allows for shopping centers with gross areas below 275,000
square feet to be permitted with conditions in the C-2 General Business Use District. All
shopping centers greater than this square footage maximum require a Conditional Use
Permit. The proposal would decrease the square footage amount to 150,000 square
feet maximum. Further study of this topic identifies that shopping centers of 150,000
square feet or larger may at times have significant environmental, traffic, noise, and
other impacts on the local community. Due to these impacts further analysis such as
environmental and traffic studies are generally required during the development
planning process. As a result, the City Council and City Staff have proposed that the
review process for such large scale projects require a Conditional Use Permit with the
listed conditions.
Appeals to District Court:
This language is proposed to be placed in the City's Subdivision and Zoning Ordinance
as a reference to the process of appeals. This process is already in place under
Minnesota Statue Law.
ANALYSIS:
Ordinance amendments regarding the adoption of Interim Uses include the
following:
Section 1101.202 is amended to as follows:
This Ordinance divides the City into 12 Use Districts. Within each Use
District certain uses of land are permitted, permitted with conditions,
permitted by conditional use permit or permitted bean interim use permit.
Section 1101.400 is amended to add "interim use" to the definitions as follows:
Interim Use. A temporary uses of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer permits
it.
Section 1108.902 is amended to add Interim Uses to the list of Land Uses that
are subject to Site Plan review procedures.
Section 1108 is amended to add a new Subsection 1108.1000 "Interim Use
Permits" as follows:
1108.900 INTERIM USE PERMIT.
1108.1001 Purpose and Intent. Certain uses, while generally not suitable in a
particular Zoning District, may, under certain circumstances be acceptable for a
prescribed period of time. An Interim Use is a temporary use of property until a
particular date, until the occurrence of a particular event or until the zoning regulations
no longer permit it. An Interim Use may never become a Use that is permitted,
I:AU9 files\09 ordin amend zoning\interim uses\pc report 052609.doc Page 2
permitted with conditions or allowed by conditional use permit unless a Use District in
the Zoning Ordinance is amended, following the procedure set out in Section
1108.500, by a 4/5ths vote of the City Council to add the Use.
1108.1001. Process. Two steps must occur before an Interim Use can occupy a
property. The first step requires the City Council to designate a particular Use
allowable in a specified Use District as an Interim Use. The second step requires the
application for and approval of an Interim Use Permit.
(a) Designation of Interim Use. An Interim Use may be designated by the City
Council in the same manner as a Zoning Ordinance Amendment.
(b) Application for Interim Use Permit. The procedures for applying for an Interim
Use Permit, the required exhibits, and the criteria for granting an Interim Use shall
follow the process for Conditional Use Permits, as set out in Section 1108.200.
(c) Limited Application. Interim Uses shall only be allowed in extraordinary
circumstances and in response to a need that benefits the overall community. The
issuance of an Interim Use Permit does not confer upon the property owner and
vested right.
(c) Permit. The City Council may grant an Interim Use Permit for the interim use of
property if:
(1) The use conforms to (is allowed in) the zoning district;
(2) The date or event that will terminate the use can be identified with certainty;
(3) Permitting the use will not impose additional costs on the city if it is necessary
for the city to take the property in the future; and
(4) The permittee agrees in writing to any conditions that the city council deems
appropriate for permission of the use.
(d) Assent Form. An Interim Use Permit requires the applicant to sign an assent
form and any approved exhibits which acknowledge the terms and conditions under
which the Interim Use Permit is granted. The applicant thereby agrees to observe
and be bond by the terms and conditions set forth.
(e) Permit Termination. An Interim Use Permit shall expire or be terminated by:
(1) A change in zoning regulations, which prohibits the use.
(2) The date of event(s) stated in the permit.
(3) Upon a violation of any condition under which the permit was issued.
(f) Permit Review. An Interim Use Permit may be reviewed annually but may be
reviewed at any time if the council is of the opinion that the terms and conditions of
the permit have been violated or if one (1) of the criteria for termination has been
meet.
(g) Permit Extension. The City Council shall have the right to extend the termination
date for such additional periods as are consistent with the terms and conditions of the
original permit, but in no event beyond ten (10) years.
Ordinance amendments regarding the adoption of the Shopping Center amendment and
Appeal amendment are included in the attached draft ordinances.
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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 amendments.
Interim uses will allow for certain uses which may be suitable for a temporary period
of time in a particular Zoning District which may otherwise restrict or prohibit them.
The proposed change in the Shopping Center Use will allow for increased study of
development projects with a square footage area greater than 150,000 square feet.
2. The amendments 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 of the 2030 Comprehensive Plan include:
• Promote sound land use; and
• Encourage a mixture and diversity of industrial and commercial land uses that will
remain relatively stable under changing economic conditions.
Purposes of the Zoning Ordinance include:
• Protect the residential, business, industrial and public areas of the community and
maintain their stability.
• Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
The proposed amendment strives to accomplish these goals, objectives and policies
by strengthening the effectiveness of the existing ordinance.
3. The adoption of the amendments is consistent with State and/or Federal
requirements.
This amendment is consistent with federal and state laws. In the case of the Appeal
amendment, the ability to appeal any decision is currently allowed under Minnesota
Statute Law.
CONCLUSION
The proposed amendments are consistent with the goals and objectives of the 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 of the amendments.
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendments as
recommended by staff and indicated in the attached draft ordinance (3 separate motions
are required for each amendment topic.)
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ALTERNATIVES:
1. Recommend the Council approve the amendments as proposed, or with changes
specified by the Planning Commission.
2. Recommend the Council deny any of the proposed amendments.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends Alternative #1.
ATTACHMENT:
1. Draft Ordinance Amendments
I:A09 files\09 ordin amend zoning\interim uses\pc report 052609.doc Page 5
Zoning Code
SECTION 1109
ADMINISTRATION PROCEDURES
SUBSECTIONS
1109.100: Administration
1109.200: Public Deliberations and Hearings
1109.300: Appeals from the Decision of the Zoning Administrator and the Zoning
Board of Adjustment
1109.400: Appeal to the City Council
1109.500: Apt~eal to District Court
1109.600: Building Permits Deleted: 500
1109: Requirements For Certificates Of Surveys As Part Of The Building Permit Deleted: soo
Applications
1109,j300: Certificate of Occupancy Deleted: 700
1109,20: Enforcement Deleted: soo
1109 1000: City Fees Deleted: 900
1109.100: ADMINISTRATION
1109.101 Purpose and Intent: 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.
1109.102 Interpretation of the Ordinance. The provisions of this subsection are intended
to establish guidelines to follow in clarifying ambiguities that may arise regarding
the meaning of text in the Ordinance, the interpretation of the Zoning Map, or the
application of rules and regulations adopted pursuant to this Ordinance. Subject
to the requirements set forth in this subsection, the Zoning Administrator shall
render interpretations of any provision of this Ordinance or any rule or regulation
issued pursuant to it.
Any person seeking to establish a use of land or a building which is not
specifically listed in any of the use categories in this Ordinance may ask the
Zoning Administrator which category of use shall be applied. The Zoning
Administrator's decision will establish whether the proposed use is permitted
under any of the categories in this Ordinance. The Zoning Administrator shall
consider functional similarities between uses listed in the Ordinance and the
proposed use including nuisance characteristics, traffic appearance and mode
and hours of operation in making its determination. The determination of the
Zoning Administrator shall be in writing and shall include a statement whether the
use is "permitted", "permitted with conditions", "permitted as a conditional use" or
"permitted as an accessory use". If the Zoning Administrator determines that the
proposed use is not permitted under any category, that conclusion shall be stated
in the written determination.
City ofPr-iar Lake
Mcry /, 1999 1109/pl
Zoning Code
Any decision of the Zoning Administrator determining Use District boundaries or
permitted land uses may be appealed to the Zoning Board of Adjustment under
the provisions of subsection 1109.300.
1109.200: PUBLIC DELIBERATIONS AND HEARINGS. The requirements of this
subsection identify the general procedures applicable to all public hearings
conducted in the administration of this Ordinance.
1109.201 Responsibilities of the Zoning Administrator. The Zoning Administrator,
subject to further direction of the governing body, shall perform the following
duties related to public hearings resulting from the administration of this
Ordinance, and consistent with the other provisions of this Ordinance:
- Schedule and assign the matter for review and hearing.
- Conduct the correspondence of the hearing body.
Give notice.
- Maintain a record and enter into the record relevant dates such as those
of giving notice, hearings, postponement and continuances, and a
summary of the action taken by the hearing body.
Except in cases of the City Council, prepare minutes of the hearing, which
include the decision on the matter heard and the reasons for the decision.
- Reduce the decisions of the hearing body to writing within a reasonable
time.
- Mail a copy of the decision to a party requesting the same upon payment
of a reasonable fee, if a fee has been established.
1109.202 Notice of Hearing. Notice of a hearing shall contain the following information:
- The date, time and place of the hearing.
- Where the hearing involves a development application for a specific
parcel of land, a description reasonably calculated to inform a person of
the location of the property for which the action is pending, including but
not limited to the use of a map or a postal address and subdivision lot and
block designation, a metes and bounds description or the tax map
designation assigned by the County Auditor.
- The nature of the issue up for hearing.
- The sections of the Ordinance pertinent to the hearing procedure.
- Where and when information regarding the application may be examined,
and when and how written comments addressing findings required for a
decision by the hearing body may be submitted.
1109.203 Procedure for Mailed Notice. A notice of the hearing shall be mailed at least 10
days before the date of the hearing to each owner of the affected property and
the owners of record of property located wholly or partly within 350 feet of the
property for which the application has been filed. For Comprehensive Plan
Amendments, notice shall be mailed to the owners of record of property located
within 500 feet of the property for which the application has been filed.
Addresses for mailed notices required by this Ordinance shall be obtained from a
certified abstract company. A copy of the notice and a list of the owners and
addresses to which the notice was sent shall be attested to by the person giving
Ciry of Prior Lake
May 1, [999 1109/p2
Zoning Corle
the notice and shall be made a part of the record of the proceedings. The failure
to give mailed notice to individual property owners or defects in the notice shall
not invalidate the proceedings provided a bona fide attempt has been made to
comply with this subsection.
For Conditional Use Permits, Variances or other applications within the
Shoreland and Flood Plain Districts, a notice of the public hearing must also be
mailed to the Commissioner of the Department of Natural Resources and the
appropriate Watershed District at least 10 days prior to the hearing date.
For Conditional Use Permits, Rezoning and Comprehensive Plan Amendments,
a notice of the application shall be posted on the site. The notice shall include a
description of the application type and a phone number for further information.
1109.204 Procedure for Published Notice. A notice of the time, place and purpose of the
hearing shall be published in the official newspaper of the City at least 10 days
prior to the date of the hearing.
1109.205 Rules of Evidence. The public hearing is neither an administrative nor
adversary proceeding. Nevertheless, it is necessary that certain rules of
procedure and evidence be followed in order to preserve the issue before the
hearing body and to protect the rights of the interested parties. To this end, the
presiding officer may make rulings as are necessary to preserve fairness, order
or proper decorum. The presiding officer, any member of the governing body,
the attorney, the Zoning Administrator, or any interested party may object to and
the presiding officer may exclude any evidence, testimony or comment which is
incompetent, irrelevant, immaterial or unduly repetitious to preserve the issue
before the governing body. The presiding officer, any member of the governing
body, the City Attorney and the Zoning Administrator may question any person
giving a summation, presentation or comment. Any affected parties may offer
evidence or testimony in explanation or rebuttal only with respect to evidence or
testimony which was not presented at a previous review proceeding, and the
presiding office may determine that testimony for such purposes shall be limited
in duration.
1109.206 Decision. Following the hearing, the hearing body shall, within the time limits
imposed by this Ordinance and by Minnesota Statutes, approve, approve with
conditions, or deny the application or, if the hearing is in the nature of an appeal,
affirm, reverse or remand the decision that is on appeal. The final decision on a
matter may be extended for a reasonable period of time by agreement between
the applicant and the hearing body, but not to exceed 6 months from the date of
the first hearing on the matter.
For applications within the Shoreland and Flood Plain District, a Notice of the
decision must be sent to the Commissioner of the Department of Natural
Resources within 10 days of the date of the decision.
1109.207 Findings of Fact. The hearing body shall prepare findings of fact which shall
include:
A statement of the applicable criteria and standards against which the
proposal was tested.
City of Prior Lake
n~Qy t, [999 l 109/p3
Zoning Code
The reasons supporting a conclusion to approve or deny an application
with or without conditions.
The decision to approve or deny the proposed application and any
conditions which may be attached to the decision.
1109.300: APPEALS FROM THE DECISION OF THE ZONING ADMINISTRATOR AND
THE ZONING BOARD OF ADJUSTMENT.
1109.301 Right to Appeal from the Decision of the Zonina Administrator. At any time
within 5 business days after a written order, requirement, permit, decision,
refusal, or determination by the Zoning Administrator has been made interpreting
or applying this Ordinance, except for actions taken in connection with
prosecutions for violation hereof, the applicant or any other person affected by it,
or an officer or department representative of the City may appeal the decision to
the Board of Adjustment by filing a Notice of Appeal with the Community
Development and Natural Resources Department addressed to the Board of
Adjustment stating the action appealed from and stating the specific grounds for
the appeal.
1109.302 Setting a Public Hearing. The City shall set a Public Hearing for the appeal by
the Board of Adjustment to be held not less than 10 days nor more than 45 days
after it receives a Notice of Appeal. Notice of the hearing on the appeal before
the Board of Adjustment shall be given by mail to all applicants pursuant to
subsection 1109.200. A notice of hearing shall be published in the official
newspaper of the City at least 10 days before the hearing date if the appeal
involves the determination of boundary lines of a Use District. Any interested
party may appear at the public hearing in person or by agent or attorney.
1109.303 Board of Adiustment to Decide. The Board of Adjustment shall determine all
appeals from any written order, requirement, permit, decision, refusal, or
determination of the Zoning Administrator; and from any interpretation of the text
of this Ordinance, the location of boundaries of a Use District as shown on the
Zoning Map. The decision of the Board of Adjustment shall be by resolution.
The resolution shall be adopted by a majority vote of all members present and
voting on the issues presented by the appeal. In making the decision, members
of the Board of Adjustment shall consider the questions raised in light of the
general purpose of this ordinance and the Comprehensive Plan. A copy of the
resolution of the Board of Adjustment shall be mailed to the applicant.
1109.400: APPEAL TO THE CITY COUNCIL. Any owner of affected property or any owner
of property situated wholly or partly within 350 feet of the affected property or any
officer or department representative of the City may appeal the decision of the
Board of Adjustment to the City Council. The appeal must be in writing and must
be filed with the Zoning Administrator within 5 business days after the date of the
Board of Adjustment decision. The required fee shall be paid when the appeal
request is filed. When an appeal is received by the City, the applicant will be
notified of the date and time the City Council will hear the appeal. No appeal will
be heard until all owners of property within 350 feet of the subject property are
notified of the date scheduled for the appeal hearing. Notice shall be provided in
the manner set out in subsection 1109.200. The City Council shall hear the
Ciry of Prior Lake
May 1. 1999 11U9/p4
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appeal within 30 days of the filing of the appeal unless that period is extended
with consent of the appellant. The City Council may uphold the decision of the
Planning Commission, or where applicable, acting as the Board of Adjustment,
may affirm the decision of the Planning Commission or Board of Adjustment.
The City Council may reverse a decision of the Board of Adjustment by an
affirmative vote of the majority of its full membership. The City Council shall
render a decision within 30 days of the conclusion of the appeal hearing.
1109 500' APPEAL TO DISTRICT COURT: Anv person aggrieved by an ordinance, rule,
regulation decision or order of the City Council shall have the right to appeal
within 30 dam after receipt of notice of the decision to the district court.
1109 600: BUILDING PERMITS. No person shall construct, alter or expand a structure Deleted: 500
within the City of Prior Lake without first obtaining a building permit. No building
permit shall be issued unless the building or structures and proposed use of the
land comply with the requirements of this Ordinance.
1109. X01 An application for a building permit shall be on a form provided by the City and ~eleted: 501
shall be accompanied by the appropriate attachments including, but not limited to
the following:
(1) A current survey of the property, unless exempted under subsection 1109.600,
and/or a site plan drawn to a scale not to exceed 1 inch to 50 feet showing the
proposed size and location of the structures, bufferyards, parking areas,
drainage, lighting, loading berths, and landscaping existing on the site or to be
installed on the site.
(2) A statement of the proposed use of the structure and the land uses on all
adjacent properties.
(3) Exterior elevations of the proposed structure which will adequately and
accurately indicate the height, size, design and the appearance of all elevations
of the proposed building and description of the construction and materials to be
used therein.
(4) Any other information the Zoning Administrator may require to determine
compliance with the provisions of this Ordinance.
110902 Future Decks. An application for a building permit for a new residential structure Deleted: 502
shall include the location of a future deck. This provision precludes the
installation of second story doors, deck ledger boards, and so forth, on a
structure that does not allow for a minimum 10 foot deep deck in addition to the
minimum yard setback required in the use district or other applicable setbacks. If
the location of a future deck addition is not shown on the building permit
application, the property owner must sign a statement that a deck cannot be
constructed in the future. This statement shall be recorded against the property
at Scott County._
110903 The applicant shall be responsible for determining the following: Deleted: 5os
- Whether permits or approvals are required from any other governmental
agency.
City of Prior Lake
,yay (, ~~99 1109/p5
Whether the property is located within a protected wetland.
- Whether a structure will be built over an existing easement.
Zoning Code
1109,,700 REQUIREMENTS FOR CERTIFICATES OF SURVEYS AS PART OF THE Deleted: eoo
BUILDING PERMIT APPLICATIONS. A certified lot survey with all
improvements shown thereon, prepared by a registered land surveyor, is
required as part of the building permit application for all new construction unless
exempted by the provisions listed in this subsection.
1109 In the case of a replacement deck only, the property owner may, in lieu of the Deleted: 601
certificate of survey, provide clear field identification of the lot pins, and scale
drawing of the lot accurately portraying all current construction on the property
and showing all dimensions from the structures to the side, rear and front lot
lines, provided that:
(1) The replacement deck must be the exact width, depth and height of the existing
structure;
(2) The location and size of the existing deck must be verified by City staff;
(3) The site plan must be accurate and specific to the satisfaction of City staff;
(4) The new deck must comply with all current Building Code requirements;
(5) The City may request a new certificate of survey be provided, if, in the City's
discretion, it is considered desirable under the following circumstances:
a. The existing survey show proposed structures rather than existing
structures.
b. The existing survey does not show all the structures on the property.
c. The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or proposed
structures, even though the property pins have been located.
d. The existing survey does not identify the existing easements on the site.
e. Anew certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs, flood
elevations, and/or ordinary high water elevations.
f. The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
g. The City believes the proposed project may create aesthetic issues which
require additional information.
h. The City believes the proposed may impact adjacent property values in
such a manner that additional information is required.
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(6) Any subsequent addition to the replacement deck in width, depth, steps, roof or
amenities may require that a certificate of survey be completed and submitted
with that permit, unless exempted by the provisions listed in this Section.
11092 Anew certificate of survey will not be required for additions to existing structures Deleted: 602
or new accessory structures on lots outside of the Shoreland and/or Flood Plain
district, subject to the following provisions:
(1) The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
(2) The City will require that property pins be located on the site so staff can verify
the structure setbacks.
(3) The addition and/or new structures must be drawn on the survey to scale.
(4) The proposed addition or structure does not exceed 480 square feet.
(5) The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under the following circumstances:
a. The existing survey shows proposed structures rather than existing
structures.
b. The existing survey does not show all the structures on the property.
c. The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or proposed
structures, even though the property pins have been located.
d. The existing survey does not identify the existing easements on the site.
e. Anew certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs, flood
elevations, and/or ordinary high water elevations.
f. The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
g. The City believes the proposed project may create aesthetic issues which
require additional information.
h. The City believes the proposed project may impact adjacent property
values in such a manner that additional information is required.
1109 Anew certificate of survey will not be required for new decks within the Deleted: 603
Shoreland and/or Flood Plain Districts, subject to the following provisions:
(1) The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
(2) The City will require that property pins be located on the site so staff can verify
the structure setbacks.
City ofP~~ior Lake
Mny [, 1999 l 109/p7
Zoning Code
(3) The addition and/or new structures must be drawn on the survey to scale.
(4) The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under those circumstances set out in
subsection 1109.602(6a) through (6h).
11092 The City may waive the survey requirements for decks set forth above when, in Deleted: 604
the judgment of the Community Development and Natural Resources Director
and Building Official, the property owner provides reasonably reliable evidence of
what the property owner believes are the property boundaries and meets the
conditions and requirements below:
(1) The deck must be drawn on a site plan to scale. The site plan must identify
dimensions of both existing and new structures, and the distance from any lot
lines.
(2) The property owner shall pay a fee for the staff review according to the adopted
fee schedule.
1109 800 CERTIFICATE OF OCCUPANCY. No person shall use or occupy any land or
building within the City of Prior Lake without first obtaining a Certificate of
Occupancy.
1109,01 Uses Requiring Certificates of Occupancy. A Certificate of Occupancy is
required to be obtained from the City for any of the following:
- The establishment of a new land use.
- A change or expansion of any existing land use.
- Any change in anon-conformity.
- The construction, alteration or expansion of a building.
- Any change of ownership or occupancy as determined by the Building
Code of an existing commercial or industrial building.
110902 Responsibility. Both the property owner and the lessee, shall be responsible for
securing the Certificate of Occupancy required by this subsection.
1109,03 Application and Information Required. An application for a Certificate of
Occupancy shall be on a form provided by the City an shall be accompanied by
the appropriate attachments including, but not limited to the following:
(1) A current survey of the property, unless exempted under subsection 1109.600,
and/or a site plan drawn to a scale not to exceed 1 inch to 50 feet showing the
proposed size and location of the structures, bufferyards, parking areas,
drainage, lighting, loading berths, and landscaping existing on the site or to be
installed on the site.
(2) A statement of the proposed use of the structure(s) and the land uses on all
adjacent properties.
Deleted: 700
Deleted: 701
Deleted: 702
Deleted: 703
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May !, 1999 1 109/p8
Zoning Code
(3) Any other information the Zoning Administrator may require todetermine
compliance with the provisions of this Ordinance.
110904 Issuance of a Certificate of Occupancv. A Certificate of Occupancy shall be Deleted: 704
issued by the Zoning Administrator upon satisfactory completion of an application
submitted on a form provided by the City if the Zoning Administrator determines
that the use complies with all applicable sections of the Ordinance and approval
of the building construction has been given by the Building Official. The City
shall not issue the Certificate of Occupancy if the information provided by the
applicant is insufficient to determine compliance with this Ordinance.
110905 Revocation of a Certificate of Occupancy. A false statement of any fact Deleted: 705
material to the decision whether to issue a Certificate of Occupancy made or
contained in an application for a Certificate of Occupancy shall automatically void
the Certificate. Whenever the City determines a false statement has been made,
the Zoning Administrator shall notify the holder of the Certificate in writing that it
is void. Any person who occupies or uses the land or building 10 days after
notice has been mailed that the Certificate previously issued is void, shall be
guilty of a violation of this Ordinance unless that person applies for and secures a
new Certificate based upon a true statement of fact.
1109 900 ENFORCEMENT Deleted: soo
1109 901 Compliance with Regulations. All persons, firms, corporation, and voluntary Deleted: 801
associations shall comply with the regulations and conditions contained in this
Ordinance. Any person, firm, corporation or voluntary association who fails to
comply with any of the provisions of this Ordinance, or builds or alters a building
in violation of any detailed statement, conditions or plan imposed in the manner
permitted by this Ordinance, shall be guilty of a misdemeanor. Each day that a
violation occurs shall be considered a separate violation.
1109 9.02 Methods of Enforcement. The City, in its sole discretion, may enforce any ~ereted: 6oz
provision of this Ordinance by mandamus, injunction, or any other appropriate
remedy in any court of competent jurisdiction and may require reimbursement of
all legal fees required for the enforcement of any provision of this Ordinance from
persons found guilty of a violation.
1109.;03 Mediation. The City may enter into mediation regarding issues in the Deleted:8o3 -~
enforcement of this Ordinance, provided that mediation shall not be pursued
where the issue involves a specific dimensional or performance requirement.
Mediation may be pursued when the issue involves an interpretation of the
application of Ordinance requirements. Mediation shall not be substituted for a
variance proceeding and the City shall not agree to be bound by the Mediation
process when the result would be an action inconsistent with the intent of this
Ordinance.
1109,9, 04 Violations. Violations of this Ordinance include, but are not limited to the Deleted: 804
following:
(1) Land used for purposes not permitted in the Use District in which the land is
located.
City of Prior Lake
Mcry 1, /999 1109/p9
Zoning Corle
(2) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered, or used for a use unless it is a use permitted in the District in which the
building is located.
(3) No building shall be erected, converted, enlarged, reconstructed or structurally
altered to be higher than the height limit established for the district in which the
building is located.
(4) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered unless it conforms to the area regulations of the district in which the
building is located.
(5) No building shall be erected or structurally altered unless the site on which it is
located provides the off-street parking and loading facilities required by this
Ordinance.
(6) The yards, parking spaces, and open spaces required by this Ordinance for
buildings existing at the time of adoption of this Ordinance or for any building
erected after its adoption, shall not be encroached upon or considered as part of
the yard, parking space, or open space required for any other building unless
joint use of parking or a combination of yards or open spaces is specifically
authorized by this Ordinance. No lot shall be divided nor shall any structure be
erected or altered to reduce the floor area ratio below that is required by this
Ordinance for the district in which the lot is located.
(7) Every building erected or structurally altered after the effective date of this
Ordinance shall be located on a "lot" as defined in subsection 1101.400 and in no
case shall there be more than 1 principal building on 1 lot, except as provided
elsewhere in this ordinance.
(8) No building or land shall be used or occupied until a Certificate of Occupancy has
been issued authorizing its use.
(9) No building or land shall be used or occupied for a use which requires a
Conditional Use Permit until the Conditional Use Permit has been issued.
(10) No building or land shall be used or occupied for which a Conditional Use Permit
has been issued unless that use complies with all of the conditions of that
Conditional Use Permit.
(11) If a building permit has been granted or if plans were on file with the Building
Official before the effective date of this Ordinance or any amendment adopted
after that effective date, or if a Conditional Use Permit has been approved, the
provision of this Ordinance or any later amendment shall not require a change in
the plans, or in the size or use of the land if the construction described in the
permit or those plans is started within 90 days of the effective date of this
Ordinance or later amendment. If, however, building construction is voluntarily
discontinued before completion of construction of the structure described in the
permit or the plans by the permit holder for a period of 90 days, any further
construction shall conform to the provisions of this Ordinance or the later
amendment.
City of Prior Gake
May 1, 7999 l 109/p10
Zoning Corle
1109 05 A use which violates the provisions of the previous Zoning Ordinance, which this Deleted: 805
Ordinance supersedes, shall not be validated by the adoption of this Ordinance
unless it is permitted by these Ordinance provisions, nor shall this Ordinance
extend any temporary use beyond the expiration date of a temporary permit
granted prior to the effective date of this Ordinance.
1109,,?06 Enforcing Officer. The Community Development and Natural Resources Deleted: 806
Director is the appointed Zoning Administrator who shall enforce this Ordinance
under the direction and control of the City Manager.
1109,207 Remedies. Any land use found by the City Council to be in violation of a permit
for approval issued by the City may be revoked or suspended. Any permit
approval for which there is a hearing on a violation or which is revoked or
suspended is subject to subsection 1109.802.
1109 1000 CITY FEES
1109.,1001 Establishment of Citv Fees. Each year, by resolution, the City Council
establishes fees for the administration and enforcement of the provisions of this
Ordinance. The processes for which fees are established include, but are not
limited to, the following:
- Building Permits and Certificates of Occupancy
- Conditional Use Permits
- Variances
- Amendments to the Zoning Ordinance and the Comprehensive Plan
- Planned Unit Development Applications
- Appeals to the decision of the Zoning Administrator or the Zoning Board
of Adjustment
- Site Plan Reviews
- Interpretations of the Zoning Ordinance
- Sign Permits
1109 1002 Reimbursement for City Costs. The purpose of this subsection is to provide a
procedure to reimburse the City for its costs of review, analysis, and evaluation of
development proposals, conditional use permits, comprehensive plan
amendments, zoning amendments and enforcement of this Ordinance in cases
where, due to the level of complexity of the application under consideration,
excessive costs beyond those normally incurred by the City as a result of the
administration of this Ordinance are incurred. The excess costs result from
problems presented in review, analysis, and evaluation which necessitate
intensive investigation and research. The intent of this subsection is to insure an
adequate level of review of these cases and to insure that the adverse effects of
development on the City are minimized and that compliance with goals and
objectives of the Comprehensive Plan and this Ordinance are obtained.
1109/003 Conditions Where Reimbursement is Authorized. The City may, in its sole
discretion, require reimbursement of City costs under the following conditions:
Czry of Prior l,nke
,~~> >, X999 1109/p 1 l
Deleted: 807
Deleted: 900
Deleted: 901
Deleted: 902
Deleted: 903
Zoning Corse
(1) When the City Manager finds multiple Planning Commission and City Council
meetings are required to review a particular item and additional staff time is
expended subsequent to the initial meeting.
(2) When the City Manager finds it necessary to retain consultants and experts to
review requests and advise its staff of specific impacts of a proposal, including
but not limited to impacts on traffic, utilities, drainage, and aesthetic or
environmental characteristics of the community.
(3) When it is necessary for the City Attorney to review a proposal.
(4) When the City Manager finds that other extraordinary costs are incurred by the
City as a result of the administration of this Ordinance.
1109,1004 Procedure for Reimbursement. The City shall notify the applicant at the Deleted: 904
earliest possible time that the City will incur additional costs and, if possible,
provide the applicant with an estimate of the expected additional cost.
The applicant shall pay the estimated additional cost to the City by certified check
or bank money order. If the amount paid to the City initially is insufficient to cover
all City costs, the additional amounts shall be billed to the applicant. Any money
which has not been used to pay additional costs after the applicant's request has
been processed shall be refunded to the applicant.
No Certificate of Occupancy for any project subject to this subsection shall be
issued until all money owing to the City has been received. All costs billed under
this subsection shall be based on the actual cost to the City of staff time,
overhead, material costs, and actual billings from consultants, experts and
attorneys.
1109.,1005 Refund of Fees. If any application for a Conditional Use Permit, Variance, Deleted: 905
Appeal or Amendment to the Zoning Ordinance, the Official Map or the
Comprehensive Plan is withdrawn by the applicant or is not processed by the
City for any other reason so that a final decision is not made by the City, the
applicant is entitled to a refund of 50% of the application fees paid to the City if
the application is withdrawn prior to the publication of the notice of the public
hearing.
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
Ciry ofPnor~ Lake
May 1, 1999 ~ 1~9/p12
,Sr~bdiririon Code
SECTION 1006
ADMINISTRATION AND ENFORCEMENT
SUBSECTIONS:
1006.100: NIONPLATTED SUBDIVISIONS
1OO6.ZOO: VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS
1006.300: PROCEDURES
1006.400 APPEALS TO DISTRICT COURT
1006ti500: VIOLATIONS AND PENALTY Deleted: 4
1006.100 NONPLATTED SUBDIVISIONS.
1006.101 Administrative Land Subdivisions. The City may administratively approve a
subdivision of an existing platted parcel when it meets the following criteria:
- The divisions will not result in more than three (3) parcels.
- All newly created lots must meet the minimum standards of the Zoning
District in which they are located and the resulting parcels must generally
conform to the shape and area of existing or anticipated land subdivisions in
the surrounding areas.
- The division will not cause any structure on the land to be in violation of the
Zoning Ordinance.
- Any easements that may be required by the City must be granted.
1006.102 Administrative Land Subdivision Procedure.
1. An application for an administrative land subdivision, signed by the applicant
and the fee owner of the property, shall be submitted to the Planning
Department. The application shall be accompanied by the following:
- Ten (10) full scale copies and one (1) 11" by 17" reduction of a certificate
of survey identifying the existing and proposed lot lines, as well as any
existing structures on the lot and the setbacks from the current and
proposed lot lines.
- The required filing fee as established by the City Council.
2. Following receipt of a complete application, the City staff will review the
application for conformance with the provision of the Zoning Ordinance, the
City of Prior Lake
1006/p 1
Subdivision Code
Subdivision Ordinance and all other applicable City ordinances.
3. The City shall take action to either approve or deny an administrative
subdivision and notify the applicant in writing of this decision within ten (10)
business days of receipt of a completed application.
4. The decision of the staff to approve or deny an administrative land
subdivision may be appealed by an affected party within five (5) days of the
decision. An appeal shall be processed according to the provisions of Section
1109.300 of the Zoning Ordinance.
1006.103 Registered Land Surveys. All registered land surveys in the City shall be
processed in the same manner as a combined preliminary and final plat
application. In accordance with the standards set forth in the Subdivision
Ordinance for combined preliminary plat and final plat applications, the Planning
Commission shall first approve the arrangement, sizes and relationships of
proposed tracts in such registered land surveys, and tracts to be used as
easements or roads should be so indicated. Unless a recommendation and
approval have been obtained from the Planning Commission and City Council
respectively, in accordance with the standards set forth in the Subdivision
Ordinance, building permits will be withheld for buildings on tracts which have
been so subdivided by registered land surveys and the City may refuse to take
over tracts as streets or roads or to improve, repair or maintain any such tracts
unless so approved.
1006.104 Conveyance By Metes And Bounds. No division of one or more parcels in
which the land conveyed is described by metes and bounds shall be recorded if
the division is a subdivision, as defined by the Subdivision Ordinance. Building
permits will be withheld for buildings or tracts that have been subdivided and
conveyed by this method without City approval and the City may refuse to take
over tracts as streets or roads or to improve, repair or maintain any such tracts.
1006.105 Exceptions. The provisions of Section 1006.104 do not apply where all the
resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in
size and five hundred feet (500') in width for residential uses and least five (5)
acres or larger in size for commercial and industrial uses.
1006.106 Council Resolution Waiving Requirements. In any case in which compliance
with the foregoing restrictions will create an unnecessary hardship and failure to
comply will not interfere with the purpose of this Section, the Council may waive
such compliance by the adoption of a resolution to that effect and the
conveyance may then be filed.
1006.200 VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS.
1006.201 Findings. The Planning Commission may recommend a variance from the
minimum standards of the Subdivision Ordinance (not the procedural provisions)
when, in its opinion, undue hardship may result from strict compliance. In
recommending any variance, the Commission shall prescribe any conditions that
City of Prior Lake
1006/p2
Subdivision Code
it deems necessary to or desirable to protect and preserve the health, welfare
and safety of the public and property values. In making its recommendations, the
Planning Commission shall take into account the nature of the proposed use of
land and the existing use of land in the vicinity, the number of persons to reside
or work in the proposed subdivision and the probable effect of the proposed
subdivision upon traffic conditions in the vicinity. A variance shall only be
recommended when the Planning Commission finds:
1. That there are special circumstances or conditions affecting the property such
that the strict application of the provisions of the Subdivision Ordinance
would deprive the applicant of the reasonable use of his land.
2. That the granting of the variance will not be detrimental to the public health,
safety and welfare or injurious to other property in the territory in which
property is situated.
3. That the variance is to correct inequities resulting from a physical hardship
such as topography.
4. After considerations of the Planning Commission recommendations, the City
Council may grant variances, subject to subsections (1), (2), and (3) of this
subsection.
1006.202 The provisions of Section 1006.201 apply only to variances to the provisions of
the Subdivision Ordinance. Variances to the provisions of the Zoning Ordinance
including, but not limited to, setbacks, lot area and lot width, must be processed
according to the provisions of Section 1108.400 of the Zoning Ordinance.
1006.300 PROCEDURES.
1006.301 Requests for a variance or appeal shall be filed with the City on an official
application form provided by the City. Such application shall be accompanied by
a fee as established by the City Council. Such application shall also be
accompanied by ten (10) copies of detailed written and graphic materials
necessary for the explanation of the request.
1006.302 Upon receiving said application, the application, along with all related
information, shall be referred to the City Planning Commission for a report and
recommendation to the City Council.
1006.303 The Planning Department shall set a date for a public hearing. Notice of such
hearing shall be published in the official newspaper at least ten (10) days prior to
said hearing, and individual property notices shall be mailed not less than ten
(10) days nor more than thirty (30) days prior to the hearing to all owners of
property within five hundred feet (500') of the parcel included in the request.
1006.304 Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within the Subdivision Ordinance.
City of Prior Lake
1006/p3
Subdivision Code
1006.305 The Planning Commission shall make a finding of fact and recommend such
actions or conditions to the City Council relating to the request as it deems
necessary to carry out the intent and purpose of the Subdivision Ordinance.
1006.306 The City Council shall not grant a variance until it has received a report and
recommendation from the Planning Commission and the City staff or until sixty
(60) days after the first regular Planning Commission meeting at which the
request was considered.
1006.307 Upon receiving the report and recommendation of the Planning Commission, the
City Council shall make findings of fact and impose any conditions it considers
necessary to protect the public health, safety and welfare.
1006.308 The City Council shall decide whether to approve or deny a request for a
variance or an appeal within thirty (30) days after the public hearing on said
request.
1006.309 A variance of the Subdivision Ordinance shall be by majority vote of the full City
Council.
1006.400 APPEAL TO DISTRICT COURT: Anv person aggrieved by an ordinance rule
regulation decision or order of the City Council shall have the right to appeal
within 30 days, after receipt of notice of the decision. to the district court.
1006x500 VIOLATIONS AND PENALTIES. Deleted: a
1006 501 Penalty. A violation of any provision of the Subdivision Ordinance is a Deleted: a
misdemeanor. Each month during which compliance is delayed shall constitute a
separate offense.
1006.502 Sale of Lots From Unrecorded Plats. It shall be a misdemeanor to sell, trade, Deleted: a
or otherwise convey any lot or parcel of land as a part of, or in conformity with
any plan, plat or replat of any subdivision or area located within the jurisdiction of
the Subdivision Ordinance unless said plan, plat or replat shall have first been
recorded in the Office of the Recorder of Scott County.
1006.503 Receiving or Recording Unapproved Plats. It shall be unlawful for a private Deleted: a
individual to receive or record in any public office any plans, plats of land laid out
in building lots and streets, alleys or other portions of the same intended to be
dedicated to public or private use, or for the use of purchasers or owners of lots
fronting on or adjacent thereto, and located within the jurisdiction of the
Subdivision Ordinance, unless the same shall bear thereon, by endorsement or
otherwise, the approval of the City Council.
1006504 Misrepresentations. It shall be a misdemeanor for any person owning an Deleted: a
addition or subdivision of land within the City to represent that any improvement
upon any of the streets, alleys or avenues of said addition or subdivision or any
sewer, water and storm sewer utility in said addition or subdivision has been
Giry of Prior lake
1006/p4
Subdivision Code
constructed according to the plans and specifications approved by the City
Council, or has been supervised or inspected by the City, when such
improvements have not been so constructed, supervised or inspected..
Ciry ofPria~ Lake
1006/p5
SECTION 1108
CONDITIONAL USE PERMITS, VARIANCES AND AMENDMENTS
SUBSECTIONS
1108.100: Standards and Procedures Governing Conditional Use Permits,
Variances and Amendments
1108.200: Conditional Use Permits
1108.300: Continuation of Certain Conditional Use Permits
1108.400: Variances to the Provisions of the Zoning Ordinance
1108.500: Amendments to the Zoning Ordinance and the Official Zoning Map.
1108.600: Policy for Amendments
1108.700: Special Procedure for Comprehensive Rezoning
1108.800: Procedure for Comprehensive Plan Amendments: ~~~,~
1108.900: Site Plan Review
1108.1000: Interim Use Permit
1108.100 STANDARDS AND PROCEDURES GOVERNING CONDITIONAL USE
PERMITS, VARIANCES AND AMENDMENTS. The purpose and intent of this
subsection is to outline the general procedures for the process and review of
applications for Conditiona'I Use Permits, Variances and Amendments to this
Ordinance, the Official Zoning Map, the Comprehensive Plan, and Site Plan
Reviews. This Section also includes the standards by which these
applications should be reviewed.
1108.200. CONDITIONAL USE PERMITS
1108.201 Purpose and Intent: This Ordinance identifies certain uses, which because
of their nature, operation and location in relation to other uses require a
Conditional Use Permit. The Conditional Use Permit process regulates the
location, magnitude and design of conditional uses consistent with the
Comprehensive Plan, and the regulations, purposes and procedures of this
~, Ordinance.
~~~;: .
The Conditional Use Permits contain minimum conditions to minimize the
impact of the use on adjacent properties. To achieve this, this Section sets
out the general provisions and criteria applicable to all uses authorized by a
Conditional Use Permit. This subsection also describes the procedures
governing the application and review process. When considering whether to
approve or deny a Conditional Use Permit, the Planning Commission has the
discretion to impose site specific conditions designed to mitigate the potential
impacts on adjacent properties.
1108.202 Standards For Conditional Uses. The Planning Commission shall review all
applications for a Conditional Use Permit and shall make findings with respect
to the following criteria:
City of Prior' Luke
May 1, 1999 1108/pt
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
(2) The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and
the Use District in which the Conditional Use is located.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
(6) The use is subject to the design and other requirements of site and landscape
plans prepared by or under the direction of a professional landscape architect,
or civil engineer registered in the State of Minnesota, approved by the
Planning Commission and incorporated as part of the conditions imposed on
the use by the Planning Commission.
(7) The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas mains, and other service facilities. The plans shall be included as
part of the conditions set forth in the Conditional Use Permit approved by the
Planning Commission.
(8) The use is subject to such other additional conditions which the Planning
Commission may find necessary to protect the general welfare, public safety
and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance
standards, conditions or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202. In these
~ circumstances, the Planning Commission may impose restrictions and
~,n~M conditions on the Conditional Use Permit which are more strin ent than those
set forth in the Ordinance and which are consistent with the general conditions
~' above. The additional conditions shall be set forth in the Conditional Use
~; Permit approved by the Planning Commission.
~_
1108.203 Conditional Use Performance Standards in the Shoreland District. In
addition. to the standards listed in Section 1108.202, the Planning Commission
;:;; - shall consider the following criteria when evaluating requests for conditional
use permits in the Shoreland District.
Evaluation Criteria. A thorough evaluation of the waterbody and the
topographic, vegetation, and solid conditions on the site must be made to
ensure:
The prevention of soil erosion or other possible pollution of public
waters, both during and after construction;
The visibility of structures and other facilities as viewed from public
waters is limited;
City of Prior° /,ake
May 1, 1999 1108/p2
The site is adequate for water supply and on-site sewage treatment;
and
~ The types, uses, and numbers of watercraft that the project will
generate are compatible in relation to the suitability of public waters to
safely accommodate these watercraft.
(2) Conditions Attached To Conditional Use Permits: ` The Planning
Commission, upon consideration of the criteria listed above and the purposes
of this Section, shall attach such conditions to the issuance of the conditional
use permits as it deems necessary to fulfill the purposes of this Section. Such
conditions may include, but are not limited to, the following
Increased setbacks from the ordinary high-water levels;
Limitations on the natural vegetation to be removed or the requirement
that additional vegetation be planted; and
Special provisions for the. location, design, and use of structures,
sewage treatment systems, watercraft launching and docking areas,
and vehicle parking areas.
1108.204 Conditional Use Performance Standards in the Flood Plain District. In
addition to the standards listed in Section 1108.202 and 1108.203, the
Planning Commission must consider the following criteria when evaluating
requests for conditional use permits in the Flood Plain District.
(1) Evaluation Criteria. The Planning. Commission shall consider all relevant
factors, including the following:
The. danger to life and property due to increased flood heights or
velocities caused by encroachments.
The danger materials may be swept onto other lands or downstream to
the injury of others, or they may block bridges, culverts or other
hydraulic structures.
The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary
conditions.
The susceptibility of the proposed facility and its contents to flood
damage and'the effect of such damage on the individual owner.
,~~:.; y The importance of the services provided by the proposed facility to the
~~ <~
community.
7- The requirements of the facility for a waterfront location.
The availability of alternative locations not subject to flooding for the
proposed use.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
Y The relationship of the proposed use to the Comprehensive Plan and
flood plain management program for the area.
- The safety of access to the property in times of flood for ordinary and
emergency vehicles.
The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
Such other factors which are relevant to the purposes of this Section,
Ciry of Prior lake
May [, x999 l l08/p3
(2) Conditions Attached to Conditional Use Permits: Upon consideration of
the factors listed above and the purpose of this Section, the Planning
Commission shall attach such conditions to the granting of a conditional use
permit as deemed necessary to fulfill the purpose of this Section. Such
conditions may include, but are not limited to, the following:
- Modification of waste treatment and water supply facilities.
- Limitations on period of use, occupancy and operation.
- Imposition of operational controls, sureties and deed restrictions.
- Requirements for construction of channel modifications, compensatory
storage, dikes, levees and other protective measures.
Floodproofing measures, in accordance with'the State Building Code
and Section 1105. The applicant shall submit a plan or document
certified by a registered professional engineer or architect that the
floodproofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular
area.
1108.205 Application for a Conditional Use Permit. An application for a Conditional
Use Permit shall be on a form provided by the City which shall include the
name, address and telephone number of the applicant, the name, address
and telephone number of the property owner, and the Use District(s) in which
the CUP is proposed to be located. The application shall also be
accompanied by the following information:.
(1) A general development plan including the following:
- Site conditions and ewstng development on the subject property and
immediately adjacent properties.
The proposed use of all areas of the site.
- ' The proposed density, type, size and location of all dwelling units, if
:dwelling. units are proposed.
- The general size, location and use of any proposed nonresidential
buildings on the site:
y All public streets, entrance and exit drives, and walkway locations.
~ ~ i jai iu ai.a Ncu.ai caa.
;~,. - Parks antl open spaces, public plazas and common areas.
"°~,,= - Site dimensions.
- Generalized drainage and utility plans.
- Any other information the City may request to determine whether the
proposed project meets the requirements of this subsection..
(2) Summary sheets which include the following:
Proposed densities, ground floor areas, and floor area ratios.
- Acreage or square footage of individual land uses on the site.
All proposed modifications of district regulations being requested.
Ciry ofYrror Lake
Nlm~ 1, 1999 1108/p4
(3) Generalized phasing plan for the project, including the geographical sequence
of construction and the number of dwelling units or square footage of
nonresidential property to be constructed in each phase.
(4) A map or plat showing the lands proposed for the conditional use permit and
all lands within 350 feet of the boundaries of that property and the names and
addresses of the owners of the lands in the area as they appear on the
records of the County Auditor of Scott County or other appropriate records.
1108.206 Procedure for Approval of a Conditional Use Permit.
(1) The application shall be reviewed by the City; staff and reports concerning the
application shall be submitted to the Planning Commission for its
consideration within 30 days of receipt of all material required by this
Ordinance for review of the application.
(2) The Planning Commission shall hold a public hearing in accordance with
subsection 1109.200. The Planning Commission may continue the public
hearing, if necessary, and shall take final action on the application for a
conditional use permit within 60 days of a complete application, unless the
deadline for action is waived by the applicant.
(3) The Planning Commission may. approve the Conditional Use Permit in whole
or in part, may approve the Conditional Use permit subject to conditions, may
deny the Conditional Use Permit, or may continue consideration of the
Conditional Use Permit for further investigation and hearing at a later date.
1108.207 Conditions and Modifications. The Planning Commission may impose
reasonable conditions on any Conditional Use Permit and may, at any time,
on its own initiative or upon application by the property owner, modify the
conditions of an existing Conditional Use Permit as changing circumstances
warrant. No modification of an existing Conditional Use Permit may be made
until a public hearing has been held by the Planning Commission in the
manner outlined in subsection 1109.200 except that minor amendments shall
require only notice to the holder of the Conditional Use permit and approval of
the Planning Commission.
~+~' ^ 1108.208 Minor Amendments. A minor amendment may be granted for proposed
~, ~,
changes or modifications which will not have an effect on required parking,
required yards, floor area ratios, ground floor area ratios, signage, building
height, density, covenants or agreements required by the original Conditional
Use Permit, or changes in Conditional Use Permits issued in the flood plain
1108.209 Assent Form. No Conditional Use Permit with imposed conditions is valid
until the applicant has signed an assent form and the approved exhibits which
acknowledge the terms and conditions under which the Conditional Use
Permit is granted and agrees to observe them.
1108.210 Filing. The resolution approving a Conditional Use Permit or modification of a
Conditional Use Permit shall include the legal description of the property for
which the Permit was issued and a list of any conditions set forth by the
City ofPrror Lake
May 1, 1999 1108/p5
Planning Commission as part of the approval of the Conditional Use Permit. A
certified copy of the resolution shall be filed with the Scott County Recorder
within 60 days of approval of the resolution.
1108.211 Revocation and Cancellation of Conditional Use Permits. A Conditional Use
Permit may be revoked and canceled if the Zoning Administrator determines that
the holder of an existing Conditional Use Permit has violated any of the
conditions or requirements imposed as a condition to approval of the Conditional
Use Permit, or has violated any other applicable laws, ordinances, or enforceable
regulations. The following procedure shall apply to revocations and
cancellations:
(1) The Zoning Administrator shall notify the holder in writing of the violation. The
notice shall be given in person or by certified mail, addressed to the applicant
at the address stated on the original application. Notice shall also be served
upon the occupant(s) of the premises for which the Conditional Use Permit
was issued or, if no occupant can be found, notice shall be posted in a
conspicuous place upon such premises. Service shall be effective on the date
of mailing, personal service or posting.
(2) The notice shall be issued a minimum ten (10) days prior to the date of a
public hearing conducted. by the Planning Commission. The holder of the
Conditional Use Permit shall be subject to reimbursement for any City costs
incurred pursuant to subsection 1109.902.
1108.212 After One Year, No Construction Required. All Conditional Use Permits
shall be revoked and canceled if one year has elapsed from the date of the
adoptipn_of the resolution granting the Conditional Use Permit and the holder
of the!'Conditional Use Permit. has failed to make substantial use of the
premises according to the provisions contained in the Permit.
1108.213 - After One Year, New Construction Required. All Conditional Use Permits
shall be revoked and canceled after one year has elapsed from the date of the
adoption. of the resolution granting the Conditional Use Permit if a new
structure or alteration or substantial repair of an existing building is required
by the Conditional Use Permit and the holder has failed to complete the work,
unless a valid building permit authorizing such work has been issued and
work is progressing in an orderly way.
108.214 Upon Occurrence of Certain Events. If the holder of a Conditional Use
Permit fails to make actual use of vacant land or lands and structures which
were existing when the Conditional Use Permit was issued and no new
structure, alteration, or substantial repair to existing buildings was required, or
if a new structure was required by the Conditional Use Permit and no building
permit has been obtained, the Conditional Use Permit shall be deemed
revoked and canceled upon the occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to the
Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or any part of the
premises described in the Conditional Use Permit.
City of Prior Lake
May i, t9~9 1108/p6
(3) The use described in the Conditional Use Permit becomes an illegal activity
under the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Conditional Use Permit is forfeited
to the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Conditional Use Permit was issued files a written
statement in which that person states that the Conditional Use Permit has
been abandoned. The statement shall describe the land involved or state the
resolution number under which the Conditional Use Permit was granted.
(6) The premises for which the Conditional Use Permit was issued are used by
the person to whom the Permit was issued in a manner inconsistent with the
provisions of such Conditional Use Permit.
1108.215 Time Period for Abandonment of Existing Conditional Use Permits. The
1 year period used in this Ordinance to compute time to determine whether a
Conditional Use Permit has been canceled or revoked shall begin with the
date of adoption of the resolution granting the Conditional Use Permit.
1108.216 Abandonment if Conditions Not Met or Use Discontinued.
(1) Conditional Use Permit granted by the City is revoked and canceled if all
conditions imposed in the Conditional Use Permit are not satisfied within 1
year or if the approved use is discontinued for a period of more than 2 years.
(2) If an extension of the time period applicable to subsection 1108.216(1) above
is requested by the owner of the property on which a Conditional Use Permit
has been discontinued prior to`the end of 2 years, the Planning Commission
may approve, by resolution, such requested extension if the Planning
Commission finds the use to be acceptable and a satisfactory reason exists to
grant an extension; however, such extension shall not be granted if it would
allow the discontinued use to extend more than an additional 3 years beyond
the original 2 years.
1108.217 Extension of Time. The Planning Commission may grant one or more 90-
day extensions of time under subsection 1108.216(2) beyond the termination
date for any Conditional Use Permit. The fee to process an extension request
shall be set by the City Council. Requests for extension of time must be filed
with the Zoning Administrator before the termination date of the Conditional
Use Permit, but such request shall not be filed more than 30 days before the
termination date.
1108.218 Denial. Conditional Use Permits may be denied by resolution of the Planning
Commission. A resolution of denial shall set out the findings by the Planning
Commission that the conditions required for approval do not exist.
1108.219 Appeal to City Council. Any aggrieved person situated wholly or partly within
350 feet of the subject property or any officer or department representative of the
City may appeal the decision of the Planning Commission to the City Council
pursuant to subsection 1109.400. The appeal must be in writing and must be filed
with the City Community Development/Natural Resources Department within 5
business days after the date of the Planning Commission decision. A decision of
Ciry of Prior bake
ea~N 1, 1999 1 l 08/p7
the Planning Commission shall not become effective until the end of the appeal
period has expired. If an appeal is filed before the appeal period expires, the
decision of the Planning Commission shall not become effective until the City
Council has rendered a decision on the appeal.
1108.220
Duration and Enforcement. Conditional Use Permi
as long as the conditions stated in the Conditional U
but nothing in this section shall prevent the munici
amending official controls to change the status of con
comply with those conditions results in termination
Permit.
1108.221 Reimbursement of City Costs. No Condition;
valid until the applicant has paid to the City
subsection 1109.900.
1108.222 Building Permits. No building permit shall be
which the Planning Commission has approved a
the applicant has paid to the City all required fees
and has filed any required letter of credit.
1108.300 CONTINUATION OF CERTAIN CONDITIONAL US
is shall remain in effect
se Permit are observed,
pality from enacting or
ditional uses. Failure to
of the Conditional Use
>e Permit shall become
fees due according to
ed for any property for
ditional Use Permit until
> signed an assent form,
1108.301 Purpose. The purpose of this subsection is to continue certain Conditional
Use Permits issued under provisions of the previous Zoning Ordinance and to
set forth procedures by which a Conditional Use Permit may be terminated or
converted to a Conditional Use Permit complying with this Ordinance and by
which property affected by such Conditional Use Permits may be altered.
1108.302 Definitions. The following terms have the meanings shown when used in the
context of this subsection.
Certificate of Zoning Compliance means a certificate issued by the Zoning
Administrator to the owner of a property covered by a Continued Conditional
Use Permit certifying that the property is in compliance with all provisions of
the Continued Conditional Use Permit.
~,`,. - Continued Conditional Use Permit. A Conditional Use Permit continued in
~ effect pursuant to provisions of this subsection.
Current Zoning Ordinance. City ordinance number 09-XX adopted (New
Ordinance approval date), which became effective on (new effective date).
Previous Zoning Ordinance. City ordinance number 99-02 adopted
February 16, 1999, and all subsequent amendments thereto which was in
effect on April 30,1999.
Conditional Use Permit. Aland use approval issued by resolution of the
Planning Commission under provisions of the previous Zoning Ordinance.
1108.303 Certain Conditional Permits Continued. Land uses permitted by Conditional
Use Permits under provisions of the previous Zoning Ordinance are either
Cih' of Prior Lake
Mcy i, 1999 1108/p8
permitted, permitted with conditions, conditional uses or non-conforming uses
under the provisions of this Ordinance. This subsection establishes the status
of Conditional Use Permits approved under the previous ordinance based upon
the 4 categories described below and sets forth procedures for the termination
and, in some cases, conversion of Conditional Use Permits.
(1) Conditional Use Permit Uses Now Permitted. Conditional Use Permits
issued for land uses which, under the current Ordinance, are now permitted
uses in the Use District in which the property is located .are hereby continued in
full force and effect. The owner of property subject to a Continued Conditional
Use Permit may request termination of the Conditional Use Permit by providing
the City with a letter requesting termination. Upon receipt of a letter requesting
termination, the City shall issue a written termination to the applicant which shall
be recorded on the title to the property by the City. The owner of the property
shall sign an assent form provided by the City wherein the owner agrees to
indemnify and hold harmless the City for any actions or consequences arising
from termination of the Conditional Use Permit. .Upon termination of the
Conditional Use Permit, the land use shall be governed by the regulations of this
Ordinance, and other applicable ordinances. Once a Conditional Use Permit is
declared terminated, it may not be reinstated.
(2) Conditional Use Permit
Use Permits issued for la
uses permitted with condi
are hereby continued in f
Continued Conditional U.
Use Permit by providing
receipt of a letter reap
ination #o the applicant wh
ie City. The owner of the pr
wherein the owner agrees
ins or consequences arising
by
Perm
Now Permitted With Conditions, Conditional
's which, under the current Ordinance, are now
i the Use District in which the property is located
and effect. The owner of property subject to a
mit may request termination of the Conditional
ity with a letter requesting termination. Upon
termination, the City shall issue a written
ch shall be recorded on the title to the property
operty shall sign an assent form provided by the
to indemnify and hold harmless the City for any
from termination of the Conditional Use Permit.
anal Use Permit, the land use shall be governed
once, and other applicable ordinances. Once a
~d terminated, it may not be reinstated.
(3) Conditional Use. Permit Uses Now Conditional Uses. Conditional Use
Permits issued for land uses which, under the current Ordinance, also require a
conditional use permit in the Use District in which the property is located, are
hereby continued in full force and effect. The holder of a Continued Conditional
Use Permit may request the City to verify compliance of the property with the
terms and conditions of the Continued Conditional Use Permit. A holder of a
Conditional Use Permit requesting such verification shall submit such plans and
other documentation necessary to demonstrate to the Zoning Administrator that
the property complies with the terms and conditions of the Continued
`conditional Use Permit. Upon a satisfactory demonstration of compliance with
the conditions of the Continued Conditional Use Permit, the Zoning
Administrator shall issue a Certificate of Zoning Compliance stating that the
property complies with the terms and conditions of the Continued Conditional
Use Permit. The Certificate of Zoning Compliance shall be recorded on the title
of the subject property by the City.
City of Prior Lake
May I, 1999 1108/p9
(4) Conditional Use Permit Uses Now Non-Conforming Uses. Aland use
which was permitted by Conditional Use Permit and which became a non-
conforming land use in the Use District in which it is located when this
Ordinance was adopted shall be a legal non-conforming use subject to the
provision of Section 1107.2300, and the Conditional Use Permit authorizing
the land use is now null and void.
1108.400: VARIANCES TO THE PROVISIONS OF THE ZONING ORDINANCE. The
opportunity to vary the literal provisions of the Ordinance is provided for as
required in Chapter 462.357 (sub. 6) of the Laws of Minnesota by the creation
of the variance procedure. When practical ,difficulties or unnecessary
hardships unique to an individual property under consideration, and not mere
inconvenience, would result from strict enforcement of the literal provisions of
this ordinance, application may be made to vary or modify any regulation or
provision of the ordinance, subject to the findings in Section 1108.406, so that
the spirit of the Ordinance is observed and substantial justice is done. A
variance is one remedy available where the Zoning Administrator has
determined that no zoning certificate or permit may be issued without varying
or modifying the regulations or provisions of the Ordinance.
1108.401 Applications for Variances. Applications for Variances shall be filed with the
Zoning Administrator and shall describe the exceptional conditions of the lot
and the peculiar and practical difficulties claimed as a basis for the Variance.
1108.402 Applications. All applications for Variances shall be initiated by, or with the
consent of, the fee owner or owners of the property. A complete application
shall consist of:
Y An application form provided by the City, signed by the applicant and
the fee owner of the property.
~ An application fee as determined by the City Council.
r A survey of the property showing all property lines, structures and
easements, and all proposed structures.
,~ ,;°~~ - A map or plat showing the lands proposed for variance and all lands
~,~~ within 350 feet of the boundaries of that property and the names and
~iy.~ addresses of the owners of the lands in the area as they appear on the
;{y~~~~,~~, records of the County Auditor of Scott County or other appropriate
records.
L Any other materials required by the City.
1108.403 Before a Variance request is approved, the request for the Variance shall be
considered by the Board of Adjustment. The Board of Adjustment shall
consider the strict application of the provisions of the Ordinance and the
requirements of all applicable State Statutes.
1108.404 Notice. After receipt of a complete application, the Zoning Administrator shall
set a date for a public hearing before the Board of Adjustment for any
variance request within 30 days after receipt of the complete application for a
variance. The public hearing shall be held only after the notice required by
subsection 1109.200 has been given.
Cite of Prior Lake
,uay i, X999 l l08/p10
1108.405 Hearings. The Board of Adjustment shall hold a public hearing in accordance
with subsection 1109.200 and shall hear arguments at the hearing for and
against the proposed Variance and it may continue that hearing from time to
time if a continued hearing is reasonably required. Final action on the
proposed Variance shall be taken within 60 days after the date the complete
application was received by the City.
1108.406 Issuance. The Board of Adjustment may grant a Variance from the strict
application of the provisions of this Ordinance, if it finds that:
(1) There are extraordinary conditions or circu
narrowness, or shallowness of the lot or exc
conditions which are peculiar to the properfi
lands within the neighborhood or the same Us
(2)
(3)
(4)
(5)
The granting of the variance is necessary to
The granting of the variance
intent of the City Ordinance an
property involved.
The granting of the variance will not unreasc
neighborhood or be detrimental to the health
The hardship is due to ci
actions of the owners of
ces, such as irregularity,
al totographicl or physical
do not apply to the other
rict.
.:the reasonable use of the
mpact the character of the
fety of the public welfare.
the general purposes and
the
erty not resulting from
(6) The granting of the variance will not result in allowing a use that is prohibited
in the zoning district in which the subject property is located.
(7) The granting of the variance may; be necessary to alleviate a hardship of the
inability to use'solar energy systems.
1108.407 Limitations. No application fora Variance shall be accepted, and no
Variance shall be granted by the City for any of the following:
Land uses not specifically listed within a Use District.
Floor elevations lower than the Flood Protection Elevation, or levels of
~~`, flood protection required in the Flood Plain District.
1108.408 Conditions and Modifications. In granting a variance, the zoning
administrator or the Board of Adjustment may impose such reasonable and
appropriate conditions and safeguards as may be necessary to accomplish, to
the extent possible under the circumstances, the purposes of the regulations
or provisions which are to be varied or modified and to reduce or minimize
potentially injurious effects of the variance upon adjoining properties, the
character of the neighborhood, and the health, safety, or general welfare of
the community. A variance and any conditions and safeguards which were
made a part of the terms under which the variance was granted are binding
upon the applicant and any subsequent purchaser, heir, or assign of the
property, and any violation of a variance or its conditions and safeguards shall
be a violation of this ordinance and punishable as such.
is in harmony with
d the Comprehensive
Ciry of Prior Lake
e~~, >, t999 I l08/p] l
1108.409 Appeal to the City Council. Any aggrieved person situated wholly or partly
within 350 feet of the affected property or any officer or department
representative of the City may appeal the decision of the Board of Adjustment
to the City Council pursuant to subsection 1109.400. A decision of the Board
of Adjustment shall not become effective until the end of the appeal period
has expired. If an appeal is filed before the appeal period, the :decision of the
Board of Adjustment shall not become effective until the Gity Council has
rendered a decision on the appeal
1108.410 Payment of Fees. No application for a Variance from the provisions of this
Ordinance shall be considered until the applicant has paid the application fee
established by the City Council. No appeal of a decision shall be heard until
the appellant has paid the appeal fee established by the City Council.
1108.411 Assent Form. No Variance with imposed conditions is valid until the
applicant has signed an assent form and the ,approved exhibits which
acknowledge the terms and conditions under which the Variance is granted
and agrees to observe them.
1108.412 Filing. The resolution approving a Variance shall include the legal description
of the property for which the Variance was issued and a list of any conditions
set forth by the Board of Adjustment as part of the approval of the Variance.
A certified copy of the resolution shall be filed with the Scott County Recorder.
1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked
and canceled if the Zoning, Administrator determines that the holder of an
existing Variance has violated any of the conditions or requirements imposed
as a condition to approval 'of the Variance, or has violated any other
applicable. laws, ordinances, or enforceable regulation. The following
procedures shall apply to revocations and cancellations:
(1) The Zoning Administrator shall notify the holder in writing of the violation. The
notice shall be given in person or by certified mail, addressed to the address
of the applicant stated on the original application. Notice shall also be served
upon the occupants of the premises for which the Variance was issued or, if
no occupant can be found, notice shall be posted in a conspicuous place upon
~~~ such premises. Service shall be effective on the date of mailing, personal
~`~~; service or posting.
~• ~.
(2) The notice shall be issued a minimum ten (10) days prior to the date of a
public hearing conducted by the Planning Commission. The holder of the
Conditional Use Permit shall be subject to reimbursement for any City costs
incurred pursuant to subsection 1109.902.
1108.414 After One Year, No Construction Required. All Variances shall be revoked
and canceled if 1 year has elapsed from the date of the adoption of the
resolution granting the Variance and the holder of the Variance has failed to
make substantial use of the premises according to the provisions contained in
the Variance.
1108.415 After One Year, New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the adoption
Cily of Prior l,nke
Mcry I, 1999 1108/p 12
of the resolution granting the Variance if a new structure or alteration or
substantial repair of an existing building is required by the Variance and the
holder has failed to complete the work, unless a valid building permit
authorizing such work has been issued and work is progressing in an orderly
way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to
make actual use of vacant land, or land and structures, which were existing
when the Variance was issued and no new structure, alteration, or substantial
repair to existing buildings was required; or if a new structure was required by
the Variance and no building permit has been obtained, the Variance shall be
deemed revoked and canceled upon the occurrence of any of the following
events:
(1) A change in the Use District for such lands is made by amendment to the
Zoning Ordinance by the City Council:
(2) Eminent domain proceedings have been initiated to'take all or any part of the
premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under the laws
of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is .forfeited to the State of
Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued. files a written statement in
which that person states that the Variance has been abandoned. The
statement shall described the land involved or state the resolution number
under which the Variance was granted.
which the Variance was issued are used by the person to
e was issued in a manner inconsistent with the provisions of
1;108.417 Time Period for Abandonment of Existing Variance. The 1 year period
used in this Ordinance to compute time to determine whether a Variance has
~~ been canceled or revoked shall begin with the date of adoption of the
~„"~., resolution granting the Variance.
k.
1108.418 Abandonment if Conditions Not Met or Use Discontinued. Any Variance
granted. by the City is revoked and canceled if all conditions imposed in the
Variahce are not satisfied within 1 year If an extension of the time period is
requested by the owner of property on which a variance has been
discontinued prior to the end of the 1 year, the Board of Adjustment may
approve, by resolution, such requested extension if the Board of Adjustment
finds a satisfactory reason exists to grant an extension.
1108.419 Extension of Time. The Board of Adjustment may grant an extension of time
not to exceed 1 year for any variance. The fee to process an extension
request shall be set by the City Council. Requests for extension of time must
be filed with the Zoning Administrator before the termination date of the
City of Prro~~ Lake
Map 1, 1999 1 f ~8/pl3
Variance, but such request shall not be filed more than 30 days before the
termination date.
1108.420 Denial. Variances may be denied by resolution of the Board of Adjustment. A
resolution of denial shall constitute a finding by the Board of Adjustment that
the conditions required for approval do not exist.
1108.421 Duration and Enforcement. Variances shall remain in effect as long as the
conditions stated in the permit are observed. Failure to comply with those
conditions results in termination of the Variance.
p
amendments.
1108.501 Initiation of Proceedings. Amendments to this Ordinance may be initiated in
one of four wavs as follows:
The
by m
The
1108.502
ing
the review of such amendments
council may on its own motion initiate amendments by
em to the: Planning Commission for review.
rty owner may formally petition the City to consider an
t to the Official Zoning Map for land for which he/she is
ual may petition the City to consider an amendment to the
of this Ordinance.
Applications for Amendments to the Official Zoning Map. All applications
for changes in the boundaries of any Use District initiated by the petition of the
owner or owners of the property shall be on a form provided by the City and
shall be accompanied by the following information and/or attachments:
` A legal description of the property to be changed.
y A map or plat showing the property proposed to be changed and all
properties within 350 feet of the boundaries of that property..
The names and addresses of the owners of properties within 350 feet
of the property to be changed as shown on the records of the Scott
County Auditor.
- An application fee as established by the City Council.
1108.422 Reimbursement of City Costs. No Variance shall become valid until the
applicant has paid to the City all fees due according to subsection 1109.900.
1108.423 Building Permits. No building permit shall be issued for any property for
which the Board of Adjustment has approved a Variance until the applicant
has paid to the City all required fees, has signed an assent form, and has filed
any required letter of credit.
1108.500: AMENDMENTS TO THE ZONING ORDINANCE AND THE OFFICIAL
ZONING MAP. The City may, either by its own initiative or by petition of a
property owner, consider amendments to the formal text of this ordinance or to
the boundaries of the Use Districts established on the Official Zoning Map.
This subsection outlines the rocedures for consideration of these
Ciry of Prior Lake
nrnv [, t999 11081p14
1108.503 Applications for Amendments to the Text of the Zoning Ordinance. All
applications for amendments to the formal text of this Ordinance initiated by
the petition shall be on a form provided by the City and shall be accompanied
by the following information and/or attachments:
- A written description of the changes to the formal text of this
Ordinance and the reasons and rational for the proposed changes.
An application fee as established by the City Council.
1108.504 Notice. Notice of the public hearing shall be provided pursuant to subsection
1109.200. In the case of amendments to the text of the Ordinance, notice to
property owners is not required; however, a notice!of the pubic hearing shall
be published for 2 consecutive weeks prior to the hearing.
The Commissioner of the Department of Natural Resources shall be notified
at least 10 days in advance of the public hearing of any request to amend the
text of the Flood Plain regulations or the boundaries of the Flood Plain district.
Flood Plain boundaries shall not be amended unless the City provides
adequate information to the Commissioner of the Department of Natural
Resources that the map is in error or the lands are adequately protected from
flood.
1108.505 Procedure for Review of Amendments. The proposed amendment shall be
reviewed by the City staff and a report concerning -the proposal shall be
submitted to the Planning Commission for its consideration within 30 days of
receipt of all material required by this Ordinance for review of the application.
The Planning Commission sha11 hold a public hearing in accordance with
subsection 1109.200. The Planning Commission may continue the public
hearing, if necessary, and shall make a recommendation on the amendment
to the City Council within 60 days of the date a complete application, including
all of the necessary submittals, was received by the City. If the Planning
Commission fails to make a recommendation within the 60-day period, the
City Council may then consider the amendment without the Planning
Comrnission's recommendation.
~~~~ ; .
The City Council may approve the amendment in whole or in part, may deny
the amendment, or may continue consideration of the amendment for further
r ;~:, investigation and hearing at a later date. The City Council shall render a
.. ~ decision regarding the amendment application within 60 days of the Council's
initial consideration of the amendment.
1108.506 Adoption. Amendments to this Ordinance or to the Official Zoning Map
require a majority vote of all members of the City Council. The adoption or
amendment of any part of the Zoning Ordinance that changes all or part of the
existing classification of a Zoning Use District from residential to either
commercial or industrial requires a 2/3rds majority vote of all of the members
of the City Council.
1108.507 Fees For Rezoning and Amendments to the Text. No application for
change in the boundaries of any Use District or for change in the text of the
Zoning Ordinance shall be filed until the person making the request has paid
the fee which has been set by the City Council. If the City Planning
Ciry of Przor Lake
May 1, 1999 1108/p15
Commission initiates proceedings for rezoning and text amendments, the
Council may require that such payment be made by owners of property
involved before making any change.
1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning
Commission and final determinations of the City Council shal!'be supported by
findings addressing the relationship of the proposed amendment to the
following policies:
(1) In the case of amendments to the Official Zoning Map filed by formal petition:
`> The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan, or the land was originally zoned
erroneously due to a technical or administrative error, or
The area for which rezoning. is requested has changed or is changing'
to such a degree that it is in the public interest to rezone so as to
encourage redevelopment of the area, or
The permitted uses allowed within the proposed Use District will be
appropriate on the subject property and compatible with adjacent
properties and the neighborhood.
(2) In the case of amendments. to the formal text of this Ordinance:
There is a public need for the amendment, or
L 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, or
L The adoption of the amendment is consistent with State and/or federal
1108.700: SPECIAL PROCEDURE FOR COMPREHENSIVE REZONING. Whenever the
Planning Commission, in` its capacity or acting on referral from the City
Council, recommends a comprehensive rezoning of a substantial part of the
City which consists of not less than 50 lots in a platted area or 5 acres of
unplatted area in order to conform to changing conditions, the City Council
may make all or part of that recommendation effective by amendment to this
~~~.`~ Ordinance. In such a case, the provisions of subsection 1108.500 shall not be
applicable; but the procedure for such amendment shall be as provided in
subsection 1108.701 through 1108.705 below.
1108.701 Maps. A map shall be prepared and filed in the Community
Development/Natural Resources Department which shows all streets and
lands in the area proposed to be rezoned in sufficient detail to permit each
platted lot and each parcel of ground to be identified by the Use District
classification assigned and all Zoning regulations which will be applicable to
them if the proposed amendment for rezoning is adopted.
1108.702 Planning Commission Hearing. The Planning Commission shall hold one
public hearing in a manner described in subsection 1109.200 prior to making
a recommendation for a Comprehensive Rezoning to the City Council.
Ciry of Prior Lake
May 1, 1999 1108/p 16
1108.703 Notice. Notice of the public hearing on the proposed rezoning amendment
shall be published in at least 3 weekly issues of the official newspaper. The
hearing shall be held not less than 9 or more than 24 days after the last
publication.
1108.704 Adoption. The City Council shall act upon the proposed rezoning. within 60 days
after the Council has received the Planning Commission recommendation. A
majority vote of all members of the Council shall be required to adopt any
amendments to the Zoning Ordinance. The adoption or amendment of any part
of the Zoning Ordinance that changes all or part of the existing classification of a
Zoning Use District from residential to either commercial or industrial requires a
2/3rds majority vote of all of the members of the City Council. The City Council
may alter the amendment proposed, but if the alteration results in a modification
of the Zoning Map filed at the time of the first publication of notice of the hearing,
it shall not be made until 10 days after notice has been given by registered mail
to the owner of the property to be zoned that an amendment is being considered
and may be adopted which is different from that shown on the original Zoning
Map filed in support of the requested zoning change.
1108.705 Publication. If an ordinance is adopted which provides for comprehensive
rezoning even though less than the entire City is affected, the City Council shall
require that new zoning maps be prepared showing the Use District boundaries
after adoption of the comprehensive amendment. Those maps shall be
published as part of the publication of the amendment. The adopted ordinance
need not describe the tracts of land included in each Use District in any way
other than by reference to the zoning maps required by this subsection.
1108.800 PROCEDURE FOR COMPREHENSIVE PLAN AMENDMENTS.
1108.801 Purpose and Intent. The Comprehensive Plan is a compilation of policy
statements, goals, standards and maps for guiding the physical, social and
economic development, both private and public, of the City of Prior Lake. The
Comprehensive Ptan' includes goals, policies and standards, a land use plan, a
community facilities plan, a transportation plan and recommendations for plan
,~~~"•-'~ execution, and is an adopted statement of City policy concerning development.
~~' The Zoning Ordinance is adopted for the purpose of carrying out the policies and
~~ ~4 goals of the land use plan. However, any amendment to the formal text of the
,~~~,~~~,,,, Zoning Ordinance or the Official Zoning Map which is inconsistent with the
`""''` Comprehensive Plan shall not be invalidated as a result of the inconsistency.
,~. ;
`~~. The City may, either by its own initiative or by petition of a property owner,
consider amendments to the formal text of the Comprehensive Plan or to the
Comprehensive Plan Land Use Map. This subsection outlines the procedures for
consideration of these amendments.
1108.802 Application.. Any person requesting a change in the Comprehensive Plan shall
submit an application in the form prescribed by the City. The application shall
describe the change requested, state the reasons for the requested change, and
attach documentation to support the request. The applicant shall pay a fee
established by the City Council when the application is filed with the Community
Development/Natural Resources Department. If the request requires a change in
the Comprehensive Plan Map, a map or plat showing the lands proposed for the
City of Prior bake
n~Qy t, ~ 999 1108/p 17
amendment and all lands within 500 feet of the boundaries of that property and
two copies of the names and addresses of the owners of the lands in the area as
they appear on the records of the County Auditor of Scott County or other
appropriate records shall be filed with the application.
1108.803 Staff Review. Upon receipt of the complete application, the City staff shall
1108.804 Planning Commission Review. The PI
requests for an amendment to the Compr
Plan Land Use Map at a public hearing.
provided pursuant to subsection 1109.2
hold the public hearing on the date in
subsection 1109.200, and may continue
Commission believes it necessary to co
new notice shall be published for the continued hearina.
1108.805
consider the testimony rec~
other material it deems
recommendations to the C
application, including all of t
If the Planning Commission
period, the: City Council i
anning Commission shall review all
ehensive Plan or the Comprehensive
Notice of the public hearing shall be
00. The Planning Commission shall
accordance with the procedures in
the hearing once. If the Planning
ntinue the hearing a second time, a
The
hear
make a recomm
'n consider the
Planning Commission shall
ing; the staff reports, and
report its findings and
s of the date a complete
was received by the City.
~ndation within the 60-day
amendment without the
1108.806 City Council Action. The City Council may approve the amendment in whole
or in part, may. deny the amendment, or may continue consideration of the
amendment for further investigation and hearing at a later date. The City
Council shall render a decision regarding the amendment application within 60
days of the Council's initial consideration of the amendment.
~~' ` 1108.807 Adoption. All. Comprehensive Plan amendments shall be adopted by
>tm`~ .
r , resolution of the City Council approved by a 2/3rds majority of all members of
the Council. The resolution shall be forwarded to the Metropolitan Council of
the Twin Cities for its approval. The resolution shall be effective upon
approval by the Metropolitan Council.
1108.900 SITE PLAN REVIEW.
1108.901 Purpose and Intent. The site plan review procedure is an administrative
review performed by City staff for uses which, because of their nature,
operation and location in relation to other uses, require a more thorough
review procedure. The purpose of this procedure is to identify all relevant
issues and permit requirements prior to the application for a building permit.
To achieve this, this subsection describes the procedures governing the
application and review process.
Cib' of Prior Lnke
review the request and determine whether an amendment as defined by
guidelines established by the Metropolitan Council of the Twin Cities for its
review of Comprehensive Plan amendments is requested. If an amendment is
requested, a copy of the proposed amendment shall be forwarded to the
Metropolitan Council for its review within 10 working days of receipt of the
request by the City.
May 1, 1999 1108/pl8
1108.902 Uses Subject to the Site Plan Review Procedure. Site plan review shall be
required for all of the following uses:
- Temporary Structures, allowed under the provisions of subsection
1101.510 (3).
- Any uses permitted with conditions in the A, RS, R-1, R-3 and R-4 Use
Districts.
- All uses permitted and permitted with conditions h the C-1, C-3, C-3T,
C-4, C-5 and I-1 Use Districts involving new construction or substantial
building alteration that may impact required parking, landscaping or
other requirements of the Zoning Ordinance.
- Interim Uses
1108.903 Application for Site Plan Review. An application for a Site Plan Review shall
be on a form provided by the City and shall include the name, address and
telephone number of the applicant, the name, address and telephone number
of the property owner, and the Use District(s) in which the property is located.
The application shall also be accompanied by the following information:
A certificate of survey of the property;
- A detailed site plan based on the current survey. The site plan must
include the following information:
' Site dimensions
' Site conditions and existing development on the subject property
and immediately adjacent properties.
The proposed use of all areas of the site.
~°'" The proposed density, type, size and location of all dwelling units,
~ rf dv~elling units are proposed.
' The general size, location and use of any proposed nonresidential
public streets, entrance and exit drives, and walkway locations.
areas.
May ], 1999
' Outdoor mechanical equipment.
Landscaping Plans, including irrigation plans.
A tree inventory and tree preservation plan.
Lighting plans showing all outside and building exterior lighting.
Signage Plans.
Grading and erosion control plan, including stormwater drainage
calculations.
Utility plans.
A fire protection plan identifying fire lanes, hydrant locations, post
indicator valves and Siamese connections.
Building plans, including exterior wall elevations, exterior building
materials and cross section floor layouts.
Any other information the City may request to determine whether the
proposed project meets the requirements of this subsection.
Ciry of Prror Lake
l 108/p 19
Formatted: Bullets and Numbering
- Summary sheets which include:
^ Proposed densities, ground floor area and floor area ratios.
^ Acreage or square footage of individual land uses on the site.
1108.904 Procedure for Approval of a Site Plan: After receipt of a complete
application, the Community Development/Natural Resources Department will
refer the application to City Departments and to other interested parties. The
Community Development/Natural Resources Department will then review the
proposed development for compliance with the provisions of the Zoning
Ordinance, the Subdivision Ordinance and other applicable ordinances. Within
60 days of receipt of a complete application, the City Staff will take action to
approve or deny the application.
1108.905 Appeal to the Zoning Board of Adiustment: The decision of the City Staff
may be appealed to the Zoning Board of Adjustment within 5 days of
notification of the decision of the staff to approve or deny the site plan
application. Appeals shall be processed according to the procedure outlined in
subsection 1109.300 of the Zoning Ordinance.
1108.906 Building Permits. No building permits shall be issued for any property for
which a site plan has been approved until the applicant has paid to the City all
required fees and has filed any required letter of credit
1108.900 INTERIM USE PERMIT.
(bl Application for Interim Use Permit. The procedures for applying for
an Interim Use Permit. the required exhibits and the criteria for granting
an Interim Use shall follow the process for Conditional Use Permits, as
set out in Section 1108.200.
(cl Limited Application. Interim Uses shall only be allowed in
extraordinary circumstances and in response to a need that benefits the
city ojYrior Lcrke
M~~ t, X999 l 108/p20
overall community. The issuance of an Interim Use Permit does not
confer upon the property owner and vested right.
~ ~ ~`~~
Crry of Prior- Lake
May 1, /999 1108/p21
(cl Permit. The City Council ma~arant an Interim Use Permit for the
interim use of property if: