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HomeMy WebLinkAbout9C - Zoning Ord amendment MEETING DATE: AGENDA #: PREP ARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 17, 2001 9C JANE KANSIER, PLA..NNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE EST ABLISHING A PROCEDURE FOR THE REVIEW OF SITE PLAN APPLICATIONS (Case File #01-069) History: The purpose of this agenda item is to consider an amendment to the Zoning Ordinance establishing a procedure for the review of site plan applications. The need for these amendments is twofold. First, it establishes a formal procedure for a process already in place. Second, the draft of the downtown design ordinance refers to a site plan procedure; this amendment will provide a specific reference. The purpose of the site plan review procedure is to identify all relevant issues pertaining to a use. The procedure is generally applicable to uses that do not require a formal review by the Planning Commission or City Council; however, it does not apply to uses such as single family homes, accessory buildings, or fences. The procedure provides the opportunity for City staff to do a comprehensive review of the more complicated permitted uses, prior to the building permit application. This enables the staff to identify all relevant City Codes and to provide that information to the applicant in a timely manner. It also provides outside agencies with an opportunity to comment on the proposed use and site plan, as it pertains to their rules. This procedure is already required for all buildings in the C-5 (Business Office Park) District. The recently constructed building in the Fountain Hills Business Park is another example of a situation in which this procedure applies. Current Circumstances: The Planning Commission discussed this amendment at a public hearing on August 27, 2001. The Planning Commission recommended approval of the proposed amendment. A copy of the draft minutes of the Planning Commission meeting is attached to this report. 1:\01 tiles\O] ordamend\zoning\site plan\cc report. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The attached draft ordinance outlines the proposed amendment. The ordinance is divided into the following 6 sections: · PURPOSE AND INTENT: The purpose of the site plan review procedure is to identify all of the relevant issues pertaining to a use. · USES SUBJECT TO REVIEW: The site plan review procedure will be applied to uses that do not otherwise require a public review and approval by the Planning Commission and the City Council. Specifically, it will apply to certain temporary structures, any use permitted with conditions in the "R" Use Districts, and all commercial and industrial uses. The procedure does not apply to single family homes or other uses permitted outright in the "R" Use Districts. · ApPLICATIONS: This section outlines the required submittals for a site plan application. The infonnation requested is intended to provide staff with the information needed to review the plan based on the Zoning Ordinance and other City Ordinance requirements. · PROCEDURE: This section outlines the site plan review procedure. This procedure is administrative, unless there is a need for a variance or other public review. The Planning staff will coordinate the review of these applications with the other City departments and outside agencies. · ApPEAL: This section allows an applicant to appeal the decision of the Planning staff to the Planning Commission. · BUILDING PERMITS: This section notes that no building permit will be issued until a site plan has been approved. The Issues: 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 two reasons. First, the amendment formalizes a procedure already in place. Second, the site plan review procedure will provide staff the opportunity to review these plans against the requirements of the Zoning Ordinance, the Subdivision Ordinance, the Comprehensive Plan and other City Ordinances and plans. Without this procedure, the review of these uses is accomplished through the building permit process. Although staff still reviews the plans on the basis of the applicable ordinance, the building permit review process does not offer the same coordinated review. As an example, we recently received a building permit ]:\01 files\O 1 ordamend\zoning\slte plan\cc report. doc Page 2 AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: application for a sales trailer at a new development. The permit was proceeding until one of the staff referred it to the administrative Development Review Committee. At that time, staff raised several concerns about the location of the building, the availability of services, access, parking, and so on. As a result, the permit for this trailer was denied. Without that coordinated review, the permit most likely would have been issued. rnnrll.l'i:;nn. Both the Plarming 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 staffrecommends Alternative #1. A motion and second to adopt Ordinance 01- XX approving the amendment as recommended by the d1ann' g co. mm~,s. . n. v .. / - .~ !c--LY:.. Frank Boyles, City 1:\01 files\O 1 ordamend\zoning\site plan\cc report. doc Page 3 NOTICE OF HEARING TO CONSIDER THE FOLLOWING: VARIANCES TO PERMIT A STRUCTURE TO BE SETBACK LESS THAN THE MINIMUM REQUIRED 75 FEET FROM THE OHWM; AND A TO BE SETBACK LESS THAN THE MINIMUM REQUIRED 25 FOOT FRONT YARD; AND TO BE SETBACK TO THE SIDE YARD LINE LESS THAN THE MINIMUM REQUIRED 10 FEET; AND A VARIANCE TO PERMIT AN ACCESSORY STRUCTURE NOT COMPATIBLE IN DESIGN AND MATERIALS WITH THE PRINCIPAL STRUCTURE FOR THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 15731 WEST AVENUE SE, PRIOR LAKE, MN. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, September 24, 2001, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Matt & Sandra Tofanelli 15731 West Avenue SE Prior Lake, MN 55372 SUBJECT SITE: 15731 West Avenue SE, Prior Lake, MN, legally described as Lot 4, Point Beautiful, Scott County, Minnesota. REQUEST: The applicant is proposing to re-construct a detached accessory structure (garage) on an existing lot of record. The proposed structure would be setback 40 feet from the OHWM; and to be setback 11.1 feet from the front property line, and to be 8.5 feet from the side line; and not compatible in design and materials. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 27th day of August, 2001. Steven Horsman City of Prior Lake To be mailed on/or before September 13, 2001. L:\O 1 files\O 1 variances\O 1-061 \Mailnote .doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE ORDINANCE NO. 01- XX AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that Section 1108 of the Prior Lake City Code is hereby amended to add the following section: 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. 1108.902 Uses Subject to the Site Plan Review Procedure. Site plan review shall be required for all of the following uses: (1) Temporary Structures, allowed under the provisions of Section 1101.510 (3). (2) Any uses permitted with conditions in the A, RS, R-1, R-2, R-3 and R-4 Use Districts. (3) All uses permitted and permitted with conditions in the C-1, C-2, C-3, C-4, C-5 and I-I Use Districts involving new construction or substantial building alteration that may impact required parking, landscaping or other requirements of the Zoning Ordinance. 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: (l) A certificate of survey of the property. (2) A detailed site plan, based on the current survey. The site plan must include the following information: 1:\01 files\OJ ordamend\zoning\site plan\ordOI xX.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ;... 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, if dwelling units are proposed. >- The general size, location and use of any proposed nomesidential buildings on the site. >- All public streets, entrance and exit drives, and walkway locations. >- All parking areas. >- Trash enclosures. ;... Outdoor mechanical equipment. (3) Landcaping Plans, including irrigation plans. (4) A tree inventory and tree preservation plan. (5) Lighting plans, showing all outside and building exterior lighting. (6) Signage Plans. (7) Grading and erosion control plan, including stormwater drainage calculations. (8) Utility plans. (9) A fire protection plan, identifying fire lanes, hydrant locations, post indicator valves and Siamese connections. (10) Building plans, including exterior wall elevations, exterior building materials and cross section floor layouts. (11) Any other information the City may request to determine whether the proposed project meets the requirements of this subsection. (12) 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. 1108.904 Procedure for Approval of a Site Plan. After receipt of a complete application, the Planning Department will refer the application to City Departments and to other interested parties. The Planning 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 Planning staff will take action to approve or deny the application. 1108.905 Appeal to the Zoning Board of Adjustment. The decision of the Planning staff may be appealed to the Zoning Board of Adjustment within 5 days of notification of 1:\01 files\OI ordamend\zoning\site plan\ordOlxx.doc PAGE 2 the decision of the staff to approve or deny the site plan application. Appeals shall be processed according to the procedure outlined in Section 1109.300 of the Zoning Ordinance. 1108.906 Building Permits. No building permit 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. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of September, 2001. ATTEST: City Manager Mayor Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zieska YES NO Published in the Prior Lake American on the 22nd day of September, 2001. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\01 fi1es\O 1 ordamend\zoning\site plan\ordO 1 xx.doc PAGE 3 Planning Commission Minules August 27.200] MOTION BY CRIEGO, SECOND BY LEMKE, = DRECTIN STAFF TO PREPARE A RESOLUTION DENYING THE 1.9 FOOT V ARIANC 0 PERMIT A STRUCTURE'S E~~ TO ENCROACH TO WI 3.1 FEET TO AN ADJOINING SIDE PROPERTY LINE~~THER THAN T E'REQUIRED 5 FEET; ACCEPT THE 3.9 V ARlANCE TO PERMI'I"AN 11.1 F. T SUM OF SIDE YARDS, RATHER THAN THE REQUIRED 15 FOGT OF SIDE YARDS AND REQUIRE THE APPLICANT TO CORRECT THE l:Mp'-oER VIOUS SURF ACE WITH THE ADDED STRUCTURE NOT TO E eEED IT'S CURRENT PERCENTAGE. .."'...... ""- Vote taken indica ayes by all. MOTION C~. Stamson ex lained the appeal process. *" D. Case File #01-069 - Consider an amendment to Section 11 08 of the Zoning Ordinance to establish a procedure for site plan review. Planning Coordinator Jane Kansier presented the Planning Report dated August 27, 2001, on file in the office of the City Planner. The purpose ofthis public hearing is to consider an amendment to the Zoning Ordinance establishing a procedure for the review of site plan applications. The need for this amendment is twofold. First of all, it establishes a formal procedure for a process already. "in place. Second, the draft of the downtown design ordinance refers to a site plan procedure; this amendment will provide a specific reference. Staff felt there was a public need for this amendment in that it formalizes a procedure already in place. Furthermore, the site plan review procedure will provide staff the opportunity to review these plans against the requirements of the Zoning Ordinance, the Subdivision Ordinance, the Comprehensive Plan and other City Ordinances and plans. There were no comments from the public. Comments from the Commissioners: Criego: · Does this ordinance change the current review practice in any way? Kansier said it does not change, this is the process. Stamson: · Questioned the 5 day appeal limit. If there is no public hearing, the neighbors nor anyone else will not know about it and not have the opportunity to appeal. Kansier explained these are matters that already meet the ordinances. · Agreed to support. L:\O J files\OI plancomm\O 1 pcminutes\MN08270 J .doc 5 Planning Commission Minules Augus127,2001 · Lemke and Atwood had no further comments. MOTION BY CRIEGO, SECOND BY ATWOOD, RECOMMENDING APPROVAL OF THE DRAFT ORDINANCE 01-XX AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE. V ote taken indicated ayes by all. MOTION CARRIED. 5. Old Business: 6. New Business: 7. Announcements and Correspondence: Kansier presented the Design and Streetscape for the Downtown Ordinance. At this point, it is just for a reference for the Commissioners. Criego questioned the gutters in the setback. Kansier said the Planning Commission agreed to have the gutters in the setback and the City Council did not agree. Requested staff to look at that issue again. Criego questioned the amendment to allow accessory structures on Twin Island. Kansier explained the City Council had actually approved the ordinance recommended by the Planning Commission on a 3 to 2 vote. At the time, staff believed the Statute required a 4/5 vote. Stafflearned later that the legislature had just changed the requirement to a 3/5 vote, so the ordinance was actually adopted. Lemke would like information regarding the 5 foot setback on non-conforming lots. Horsman explained the ordinance. Staffwill provide the information. 8. Adjournment: The meeting adjourned at 7:51 p.m. Jane Kansier Planning Coordinator Connie Carlson Recording Secretary L:\O 1 fiJes\O 1 plancomm\O 1 pcminutes\MN082701 .doc 6 ..