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Home My WebLink About4A Amend Code 1101 and 1102~ PRIOR O .- ,;' ~ ~_ . ~ u ~~ x' ~;. ~INiVESO~P-' 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 29, 2009 AGENDA #: 4A PREPARED BY: DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL RESOURCES DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 1101 AND 1102 OF THE CITY CODE DISCUSSION: Introduction The purpose of this agenda item is to consider two amendments to the City Zoning Ordinance. The amendments are proposed for the following sections: • Section 1101: General Provisions of the Zoning Code, which would add a definition for the land use known as "alternative school"; and • Section 1102: "C-2" General Business Use District, which would allow for an alternative school as a permitted interim use in the C-2 Zoning District. History On June 1, 2009, the City Council amended the Prior Lake Zoning Ordinance to allow for the future consideration of interim uses within specified Zoning Districts. The amended Code language included the following: Section 1101.202 was. amended to read as follows: This Ordinance divides the City into Use District certain uses of land conditions, permitted by conditional interim use permit. 12 Use Districts. Within each are permitted, permitted with use permit or permitted by an Section 1101.400 was 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 was amended to add Interim Uses to the list of Land Uses that are subject to Site Plan review procedures. www. cityofpriorlake. com Phones 9,52.447,980.0; / F,a~ X952.447.4245 Section 1108 was 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, 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 maybe 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. The Planning Commission held the public hearing and considered this request on June 22, 2009. The Planning Commission recommended approval of the proposed Ordinance Amendments. Current Circumstances The following two Ordinance Amendments are being proposed: • Section 1101.1000: Adding the following definition: Alternative School: A school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. • Section 1102.1104 Adding the following language: Uses Permitted by Interim Use Permit. No structure or land in any "C-2" District shall be used for the following uses except by Interim Use Permit. These uses shall comply with the Commercial Performance Standards of Subsection 1102.1300, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the specific conditions imposed in this Subsection and with any conditions the Planning Commission and City Council may impose that are intended to promote the health, safety, and welfare of residents within the City to maintain the characteristics of a neighborhood. (1) Alternative School. Conditions: a. A student transportation or parking plan shall be submitted demonstrating that parking needs for the site will be met. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a bufferyard, Type C as described in Subsection 1107.2005. ISSUES: As is required as part to the June 1St Ordinance amendments allowing for the consideration of permitted interim uses (detailed above), the following two processes need to take place in order to allow for an interim use on a specific site: 1) The Zoning Ordinance must be amended to permit the interim use in a specific Zoning District. This request to amend the Zoning Ordinance is what is currently before the City Council for consideration, and 2) The applicant must apply for an Interim Use Permit (IUP) that pertains to a specific site within a permitted Zoning District. The request for an IUP on a specific site will be a part of a future application, which is not part of the City Councils current consideration. 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. The School District has indicated that a public need exists for a local alternative school to allow for a suitable place for students to learn in a non-traditional environment that will better meet their needs, as well as those of the School District. 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 • Create an environment in which all citizens have the opportunity to develop their full potential • Encourage the development of a broad range of educational and learning opportunities for persons of all ages. Purposes of the Zoning Ordinance include: • Protect the residential, business, industrial and public areas of the community and maintain their stability. • Provide for compatibility of different land uses by segregating, controlling, and regulating unavoidable nuisance producing uses. 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. These amendments are consistent with federal and state laws. FINANCIAL The proposed amendments will provide properties within the C-2 Zoning IMPACT: District of the City an opportunity to be used for an alternative school. However, at this time, the Ordinance Amendments will have no financial impact. ALTERNATIVES: 1. Adopt an ordinance amending the text of the City Code as proposed or with changes specified by the City Council. 2. Deny the amendments to the ordinance. 3. Defer consideration of this item and provide staff with specific direction. RECOMMENDED The staff recommends Alternative #1 MOTION: Motion and second to adopt an ordinance amending Section 1101 and 1102 of the Prior Lake City Code. Revd by: Frank Boyles it anager PRI O~ - ~ x~>1i ~. ti ~! ~~~, 4646 Dakota Street S.E. ..,~': U ~, ` ~ ; Prior Lake, MN 55372-1714 ~~ ~'j'v"'ESOZ~', - CITY OF PRIOR LAKE ORDINANCE NO. 109-XX AN ORDINANCE AMENDING SECTIONS 1101 AND 1102 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 1101.1000 is amended to add the following definition for an "Alternative School": Alternative School: A school which offers a curriculum .which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. Section 1102.1104 is amended to add the following language to the Zoning Code: Uses Permitted by Interim Use Permit. No structure or land in any "C-2" District shall be used for the following uses except by Interim Use Permit. These uses shall comply with the Commercial Performance Standards of Subsection 1102.1300, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the specific conditions imposed in this Subsection and with any conditions the Planning Commission and City Council may impose that are intended to promote the health, safety, and welfare of residents within the City to maintain the characteristics of a neighborhood. (1) Alternative School. Conditions: a. A student transportation and parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a buffer yard, Type C as described in Subsection 1107.2005. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 29th day of June, 2009. ATTEST: City Manager Published in the Prior Lake American on the Mayor day of , 2009. Drafted By: Prior Lake Community Development of Natural Resources Department 4646 Dakota Street S.E. www.cit ofpriorlake.com - c:Cdocumen°ts an settings cgreen oca set s e o a e ne ' e -Co~di~~~atC~atiir - ~- 2.doc Phone 95 .447.9$0 /Fax 952.447.4245