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MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
SEPTEMBER 4, 2001
9C
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE APPROVING
AN AMENDMENT TO THE ZONING ORDINANCE
RELATING TO THE DEFINITION OF ELDERLY HOUSING,
THE DEFINITION OF CONGREGATE CARE, THE NUMBER
OF VOTES REQUIRED TO ADOPT AN ORDINANCE, THE
DEFINITION OF AN OFFICIAL MAP, ALLOW ABLE
ENCROACHMENTS INTO A SIDE YARD, ALLOWABLE
ENCROACHMENTS INTO THE LAKE SETBACK, THE
LIGHTING STANDARDS AND CERTIFICATION OF
COMPLIANCE WITH THE TREE PRESERVATION
REQUIREMENTS (Case File #01-058)
History: The purpose of this agenda item is to consider various,
miscellaneous amendments to the Zoning Ordinance. The need for
these amendments is the result of several factors. These factors
include, among other things, changes to the State statutes, the need to
clarify language in the existing ordinance, the need to update
references in the existing ordinance and the need to change the
ordinance to reflect existing policy.
Changes in State Statute: The staffhas identified language in the
current Zoning Ordinance that is inconsistent with Minnesota State
statutes. Some of these inconsistencies are the result of very recent
changes to the statutes. These changes include the following:
. The definition of elderly housing (1101.1000)
. The definition of congregate care (11 06A.200)
. The number of City Council votes required to adopt an amendment
to the Zoning Map and the Zoning Ordinance (1108.506 and
1108.704)
. The definition of an official map (1112.200)
Sections 1-5 in the attached ordinance identify the revisions to the
existing ordinance. None of the revisions are substantial; that is, they
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
do not change the intent ofthe original ordinance. The major change
is in the number of votes required to adopt an amendment to the
Zoning Ordinance and to the Zoning Map. The State legislature
recently changed the requirement from a 2/3 majority of all the
members of the City Council to a simple majority vote. The exception
to this rule is when the change is from a residential to a commercial or
industrial district. These types of amendments will still require a 2/3
majority.
Interpretations: Since the Zoning Ordinance was adopted in 1999,
the staff has made a number of interpretations on the application and
intent of the ordinance. In a few cases, the staff feels it is necessary to
clarify the ordinance language to reflect these interpretations. These
include:
. Language to include basement egress windows as an allowable
encroachment into the side yards (1101.503 (1))
. Language to include platform decks as allowable yard
encroachments (1101.503 (6 & 7) and 1104.308 (2))
These changes are identified in Sections 6-9 of the attached ordinance.
The amendment does not change the way in which the ordinance has
been administered. It merely clarifies the intent by adding specific
language about egress windows and platform decks.
Updates: The Zoning Ordinance also references technical documents,
which may be updated on a regular basis. In order to ensure the
reference is current, the language should be changed to eliminate the
specific edition number, and reference the current edition. This
amendment applies to the following:
. The Illuminating Engineering Society (IES) Handbook (1107.1801
(1 ))
This change is identified in Section 10 of the ordinance.
New Provisions: After several discussions, the City Council has
directed staff to relax the certification requirements for replacement
trees. This relaxation is intended to be a more "customer-friendly"
approach, especially for single-family homeowners. The amendment
affects the following provision:
. Tree Preservation Requirements, Certification of compliance with
an approved landscaping plan (1107.2106 (5)).
Section 11 of the ordinance addresses this change. The language still
requires the developer to certify that the tree preservation plans have
been met; however, it removes the requirement that the certification be
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AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
made by a registered land surveyor, civil engineer, landscape architect,
horticulturist or forester. This change will mainly affect builders and
homeowners. On larger projects, such as new subdivisions, we expect
the staff will determine compliance through inspections. On
individual lots, compliance will be determined by certification by the
homeowner or builder.
rurrpnf r;rrmnf,;fnnrpf,;O The Planning Commission discussed this
amendment at a public hearing on August 13, 2001. The Planning
Commission recommended approval of the proposed amendment on
the basis that it is required to meet State statutes.. A copy of the draft
minutes of the Planning Commission meeting is attached to this report.
Thp Tf,;f,;IJPf,;O The City Council must make a decision whether to amend
the ordinance based on the following criteria:
. There is a public need for the amendment; or
. The amendment will accomplish one or more of the purposes of
the Zoning Ordinance, the Comprehensive Plan or other adopted
plans or policies of the City; or
. The adoption of the amendment is consistent with State and/or
federal requirements.
Staff feels there is a public need for these amendments for several
reasons. First of all, the amendments are necessary to comply with
State statutes. Second, the amendments will clarify the intent of the
ordinance as it is currently administered. Finally, the amendment
eliminating the need for certification of compliance with tree
preservation plans will be more "customer friendly" and eliminate
additional expense to the taxpayers.
rnnrlm;nn 0 Both the Planning Commission and the staff recommend
approval of this amendment.
The City Council has three alternatives:
1. Adopt an Ordinance approving the proposed amendment as
recommended.
2. Deny the proposed Ordinance.
3. Defer this item and provide staff with specific direction.
The staff recommends lternative #1. A motion and second to adopt
Ordinance aI-XX ap oving the amendment as recommended by the
PI ing
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CITY OF PRIOR LAKE
ORDINANCE NO. O~- XX
AN ORDINANCE AMENDING SECTIONS 1101.1000, 1106A.200, 1108.506,
1108.704,1112.200,1101.503 (1,6 & 7), 1104.308 (2), 1107.1801 (2) AND 1107.2106
(5) OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1101.1000 of the Prior Lake City Code is hereby amended as follows:
Elderly Housing. Multipl@ family dwellings '}(her@ a minimum of 60% of the units are
occupied by single persons at least 60 years of age or by couples \vith one or both being
at least 60 years of age. A development intended and operated for occupancy bv at
least one person 55 years of af!e or older per unit, provided that:
(a) At least 80 percent of the units are occupied bv at least one person 55 years of af!e
or older per unit; and
(b) There is publication of, and adherence to, policies and procedures that
demonstrate an intent bV the owner or manaf!er to provide housinf! for persons 55
years of af!e or older.
2. Section 1106A.200 of the Prior Lake City Code is hereby amended as follows:
Senior Care Facilities. A residential facility meetinf! the definition of elderly
housinf! in Section 1101. 100where at least 80% of the residents are 55 years of age
or older. Services available to residents cover a broad range of activities from social
opportunities to medical care. The term includes assisted living and congregate care.
It does not include nursing homes licensed by the State of Minnesota.
3. Section 1108.506 of the Prior Lake City Code is hereby amended as follows:
Adoption. Amendments to this Ordinance or to the Official Zoning Map require aB
affirmative vote of 2/3rds a majority vote of all the members of the City Council.
The adoption or amendment of any part of the Zoninf! Ordinance that chanf!es all
or part of the existinf! classification of a Zoninf! Use District from residential to
either commercial or industrial requires a 2/3rds majority vote of all of the
members of the City Council.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. Section 1108.704 of the Prior Lake City Code is hereby amended as follows:
Adoption. The City Council shall act upon the proposed rezoning within 60 days
after the Council has received the Planning Commission recommendation. A
majority 2/3rds 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 Zonin~ Ordinance that chan~es all or part of the existin~ classification of a
Zonin~ 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.
5. Section 1112.200 of the Prior Lake City Code is hereby amended as follows:
OFFICIAL MAP DEFINED. "Official Map," as used in this article, means a map
adopted in accordance with this article and with Minnesota Statutes Subd. 462.359
shO'.'ling which may show existing streets, and proposed future streets, roads, and
hi~hwavs and the area needed for \videning of existing streets of the city. An official
map may also show the location of existing and future public land and facilities
within the city. An official map my cover the entire city or any portion of the city.
6. Section 1101.503 (1) of the Prior Lake City Code is hereby amended as follows:
(1) Eaves, aEfl-gutters and basement e~ress windows, provided they do not extend
more than 2 feet into a yard; and provided such encroachment is no closer than 5
feet from any lot line.
7. Section 1101.503 (6) is hereby amended as follows:
(6) The following shall not be encroachments on front yard requirements:
a. Awnings and door hoods which extend 5 feet or less into the required front
yard.
b. A vestibule which extends 5 feet or less into the required front yard under
the following conditions:
~ The vestibule shall be designed, constructed and attached to the
principal structure in compliance with the building code.
~ The vestibule shall be constructed of materials compatible with those
of the principal structure which meet the requirements of subsection
1107.2200.
~ The vestibule area, measured from the outside of the outside walls
shall not exceed 30 square feet.
c. Heating, ventilating and air conditioning equipment which extends less than
6 feet from the principal structure, is not more than 36 inches in height, and
is screened from view.
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d. Platform decks, meetin/( the definition in Section 1101.1000.
8. Section 1101.503 (7) is hereby amended as follows:
(7) The following shall not be encroachments on side and rear yard requirements:
(a) Heating, ventilating and air conditioning equipment in side yards abutting a
street and rear yards, but is an encroachment in interior side yards. None of
that equipment shall extend more than 6 feet from the principal structure.
(b) Platform decks, meetin/( the definition in Section 1101.1000.
9. Section 1104.308 (2) is hereby amended as follows:
(2) Setback Requirements For Residential Structures: On shoreland lots that
have 2 adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure or any additions to an existing structure may
be set back the average setback of the adjacent structures from the ordinary
high-water mark or 50 feet, whichever is greater, provided all other provisions
of the Shoreland Overlay District are complied with. In cases where only one
of the two lots adjacent to an undeveloped shoreland lot has an existing
principal structure, the average setback of the adjacent structure and the next
structure within 150 feet may be utilized. Setback averaging may not be
utilized when an undeveloped shoreland lot is adjacent to two other
undeveloped shoreland lots. In no instance shall a principal structure be
located in a shore impact zone or a bluff impact zone.
The following shall not be considered encroachments into the lakeshore or
bluff setback:
a. Yard lights and nameplate signs for one and two family dwellings in the R-
1, R-2 and R-3 districts.
b. Floodlights or other sources of light illuminating authorized illuminated
signs, or illuminating parking areas, loading areas, or yards for safety and
security purposes if these meet the regulations of subsection 1107.1800.
c. Flag poles, bird baths and other ornamental features detached from the
principal building which are a minimum of 5 feet from any lot line.
d. The following shall not be encroachments on front yard requirements:
~ Awnings and door hoods which extend 5 feet or less into the
required front yard.
~ A vestibule which extends 5 feet or less into the required front yard
under the following conditions: (1) the vestibule shall be designed,
constructed and attached to the principal structure in compliance
with the building code; (2) the vestibule shall be constructed of
materials compatible with those of the principal structure which
meet the requirements of subsection 1107.2200; and (3) the
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vestibule area, measured from the outside of the outside walls shall
not exceed 30 square feet.
)0- Heating, ventilating and air conditioning equipment which extends
less than 6 feet from the principal structure, is not more than 36
inches in height and is screened from view.
)0- Platform decks, meetin~ the definition in Section 1101.1000.
e. The following recreational equipment shall not be encroachments on the
lakeshore or bluff setback requirements: boats, boat trailers, general
purpose trailers, fish houses, utility trailers, jet skis, snowmobiles and
other lake-oriented items.
f. The following shall not be encroachments on side and rear yard
requirements:
)0- Heating, ventilating and air conditioning equipment in side yards
abutting a street and rear yards, but is an encroachment in interior
side yards. None of that equipment shall extend more than 6 feet
from the principal structure.
)0- Platform decks, meetin~ the definition in Section 1101.1000.
10. Section 1107.1801 (2) of the City of Prior Lake Zoning Ordinance is hereby amended
as follows:
(2) Upon completion of any lighting project, measurement of lighting levels of
properties within the project must be shown to be within Illuminating Engineering
Society (IES) standards as specified in the most recent version of the IES
Handbook 5th Edition and shall comply with the provisions of this Ordinance.
Mitigating measures shall be employed to limit glare and spill light to protect
neighboring parcels and to maintain traffic safety on public streets and roadways.
These measures shall include lenses, shields, louvers, prismatic control devices
and limitations of the height and type of fixtures used.
11. Section 1107.2106 (5) of the City of Prior Lake Zoning Ordinance is hereby amended
as follows:
(5) Certification of Compliance with Approved Landscape Plan. No earlier than
1 year after acceptance of the tree preservation plan nor later than 1 year after
completion of the work contemplated by the plan, the Developer shall certify to
the City that the plan has been complied with. This certification shall be made by
a Minnesota registered land surveyor, civil engineer, landscape architect,
horticulturist or forester.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of September, 2001.
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ATTEST:
City Manager
Mayor
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Published in the Prior Lake American on the 8th day of September, 2001.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek A venue
Prior Lake, MN 55372
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Planning Commission Minutes
August 13, 2001
B. Case File #01-058 Consider an Amendment to Sections 1101.1000 (Definition
of Elderly Housing), 1106A.200 (Definition of Congregate Care), 1108.506 and
1108.704 (The number of votes required to adopt an ordinance), 1112.200 (The
definition of an Official Map) 1101.503 (1,6 & 7) (Allowable encroachments into a
side yard) 1104.308(2) (allowable encroachments into the lake setback) 1107.1801(1)
(The Lighting Standards) and 1107.2106(5) (Certification of Compliance with the
Tree Preservation requirements) of the Zoning Ordinance.
Planning Coordinator Jane Kansier presented the Planning Report dated August 13,2001,
on file in the office of the City Planning Department.
The need for the amendments to the Zoning Ordinance is the result of several factors.
These factors included changes to the State Statutes, the need to clarify language in the
existing ordinance, update references in the existing ordinance and change the ordinance
to reflect existing policy.
The staff identified language in the current Zoning Ordinance to be inconsistent with
Minnesota State statutes. Some of the inconsistencies are the result of very recent
changes to the statutes. These changes include the following:
. The definition of elderly housing (1101.1000)
. The definition of congregate care (11 06A.200)
. The number of City Council votes required to adopt an amendment to the Zoning
Map and the Zoning Ordinance (1108.506 and 1108.704)
. The definition of an official map (1112.200)
. Language to include basement egress windows as an allowable encroachment into the
side yards (1101.503 (1))
. Language to include platform decks as allowable yard encroachments (1101.503 (6 &
7) and 1104.308 (2))
. The Illuminating Engineering Society (IES) Handbook (1107.1801 (1))
. Tree Preservation Requirements, Certification of compliance with an approved
landscaping plan (1107.2106 (5)).
The staff felt there is a public need for these amendments for several reasons. First of all,
the amendments are necessary to comply with State Statutes. Second, the amendments
will clarify the intent of the ordinance as it is currently administered. Finally, the
amendment eliminating the need for certification of compliance with tree preservation
plans will be more "customer friendly" and eliminate additional expense to the taxpayers.
There were no comments from the public.
Comments from the Commissioners:
Lemke:
. Agreed with staff that the changes are needed because of the State Statute
requirements.
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Planning Commission Minutes
August 13, 2001
· Agreed with the concept of the builder or homeowner certifying the tree replacement,
but if it is determined in the future that the requirements were not met, is there any
enforcement? Kansier said once the City returns the deposit, they would not have too
much recourse. The staff does have the option of doing the inspection if there are
questions.
Stamson:
. Agreed staff was thorough in their justification in the changes. Supported.
Atwood:
. Agreed - Clarifies the intent.
Vonhof:
. Agreed with the changes. Staff does well in keeping the Zoning Ordinance up to date
and current with all State Statutes.
. All of staff interpretations of the changes came out of previous discussions.
. Regarding the impact on tree preservation - Would support as long as staff felt
comfortable with the compliance.
MOTION BY ATWOOD, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL APPROVE THE PROPOSED AMENDMENTS.
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
6. New Business:
A. Case File #01-057 Larry Nickelson is requesting the vacation of a portion of
the Ridgemont Avenue right-of-way adjacent to the property located at 15543
Ridgemont Avenue.
Planning Coordinator Jane Kansier presented the Planning Report dated August 13,2001,
on file in the office of the City Planner.
The right-of-way for Ridgemont Avenue at this location was originally dedicated in 1920
with the plat of Condon's Wood Dale. In 1974, the City installed utilities and
reconstructed Ridgemont Avenue at this location. At that time, the roadway surface was
realigned to the west of this property. This left a boulevard of approximately 28'
between the curb and the property line.
In 1999, Larry and Joyce Nickelson requested the vacation of 18' of the excess right-of-
way adjacent to their property at 15543 Ridgemont Avenue. The existing lot is about
50,000 square feet in size. Mr. and Mrs. Nickelson indicated they wanted to subdivide
this area into 3 lots. According to the letter submitted by the petitioners at that time, they
believed vacation of this right-of-way "may avoid future problems for the city and new
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