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Home My WebLink About9D - Rain Sensors Irr. Systems MEETING DATE: . AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 15, 2001 9D JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE REQUIRING RAIN SENSORS ON IRRIGATION SYSTEMS (Case File #01-076) History: The purpose of this agenda item is to consider an amendment to the Zoning Ordinance that would require rain sensors on irrigation systems. This amendment was initiated by the City Council. Section 1107.1907 of the Zoning Ordinance allows a developer the option of either installing an irrigation system in required landscaped areas, or guaranteeing the landscape with a 2-year letter of credit. Although optional, most developers choose to install irrigation systems to protect the investment in landscaping. In light of the recent water shortage and the watering restrictions imposed this summer, it seems prudent to require rain sensors on new irrigation systems. Rain sensors will ensure that the system does not operate unless necessary, thus preserving the City's water supply. This amendment is identified in the attached ordinance. Current Circumstances: The Planning Commission discussed this amendment at a public hearing on September 24, 2001. The Planning Commission recommended approval of the proposed amendment on the basis that it is consistent with the City's Comprehensive Plan and the goal of preserving natural resources. A copy of the draft minutes of the Planning Commission meeting is attached to this report. 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 1:\01 files\O 1 ordamend\zoning\O 1-076\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 AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: · The adoption of the amendment is consistent with State and/or federal requirements. Staff feels there is a public need for this amendment. The rain sensor requirement will help to preserve the City's water supply, one of the City's natural resources. rnnrlm:inn. 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 Alternative # 1. A motion and second to adopt Ordinance 01- XX a~ oving the amendment as recommended by the PI ing Co issi 1:\01 files\O] ordamend\zoning\O] -076\cc report. doc Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 01- XX AN ORDINANCE AMENDING SECTION 1107.1907 (4) OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1107.1907 (4) of the Prior Lake City Code is hereby amended as follows: 1107.1907 Grounds and Lawns: (4) In all areas to be lawn and landscaped, the developer may provide a built-in irrigation system. In this case, an irrigation plan shall be required at the time of the building permit. This plan shall indicate the overlapping pattern, head type, control type and location, source of water and connection method. The system plan shall be prepared by a qualified designer with experience designing systems for similar uses, project type, and size. The irrigation system must also be equipped with a rain sensor. If an irrigation system is not installed, the developer must meet the provisions of Section 1107.1909. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 15th day of October, 2001. ATTEST: City Manager Mayor YES NO Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zieska Published in the Prior Lake American on the 20th day of October, 2001. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek A venue Prior Lake, MN 55372 1:\01 files\O 1 ordamend\zoning\O 1-076\ordO 1 xx. doc PAGE I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,...._~_.__,,'_____~___,_"'_.~~_'~....,.'^'~_.M..<+~'___,~~",.~_ __<..." ...~e,"'+~"'"___"""'~_--"'_"_""__""---"'_""""__"'_'~~____'__'~____^'.-"-_._~~.._-~-,--- T Planning Commission Meeting September 24,2001 Criego: · Agreed with sta s recommendation to approve the variances to approve the decorative block. e garage will look nicer with one mate . The lower level has to be flood proofed. he decorative block would solve t problem. . Approve as long as the atib design and materials was so nothing not intended to deny someone who wants to Stamson: . The hardships have been met. · The intention of requiring the co substandard would be erected. It build something more attractive. · The flooding requirement is . ng to cr allow the more decorative aterial. . Grant the variances. te the need for block. It makes sense to Atwood, Lemke and onhof agreed. " MOTION BY C EGO, SECOND BY ATWOOD, DIRliCTING STAFF TO DRAFT A RESOLUTIO APPROVING THE V ARIANCES AND A~OWING THE DECRATI BLOCK THROUGHOUT THE STRUCTURE, EETING STAFF'S CONDI NS. . Vote taken indicated ayes by all. MOTION CARRIED. ~ C. Case File #01-076 Consider an amendment to Sections 1101.1104(1) and 1102.1203(3) of the Zoning Ordinance pertaining to the hours of operation for motor vehicle service and repair and to Section 1107.1907(4) ofthe Zoning Ordinance pertaining to the need for rain sensors on irrigation systems. Planning Director Don Rye presented the Planning Report. The purpose of this public hearing is to consider two amendments to the Zoning Ordinance. The first amendment would limit the hours of operation for car washes, which are included within the category of motor vehicle service and repair. The second amendment would add a provision requiring rain sensors on required irrigation systems. These amendments were initiated by the City Council. Section 1108.600 of the Zoning Ordinance states specific findings that must be met to change the ordinance. These are: 1. There is a public need for the amendment. 2. 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. L:\O 1 files\Ol plancomm\O 1 pcminutes\MN092401.doc 6 Planning Commission Meeting September 24. 2001 3. The adoption of the amendment is consistent with State and/or Federal requirements. Staff felt there is a public need for these amendments. The restrictions on the hours of operation will serve to mitigate noise and other potential nuisances that may result from the motor vehicle service and repair uses. The proposed language also provides some flexibility by allowing the use to operate outside the hours of operation if the doors remain closed. The rain sensor requirement will help to preserve the City's water supply, one of the City's natural resources. There were no comments from the public. Comments from the Commissioners: Stamson: · Agreed with staff, all the ordinances met the criteria set forth by the State. · Use the same restrictions as Cl to be consistent. The time frame of6:00 a.m. to 11 :30 p.m. makes the most sense. That will be the primary hours for station businesses. · Did not like staffs third option. Explained the difficulty of enforcing. · The irrigation amendment should be approved. Atwood: · Agreed with Stamson. · Questioned if Commercial restrictions are the same for a watering ban? Rye said it was. Lemke: · Questioned ifit was a rain or moisture sensor. Criego said he was an expert on the matter and explained. · The carwash ordinance makes no distinction how far away the homes are located. There should be some sort of distance built into the ordinance. · Most of the noise is from the drying fans outside the carwash. Rye explained the proposal. Criego: · The recommendation is basically 6:00 a.m. to 11 :30 p.m. with the doors closed or not operational. · Most people are sleeping at 6:00 am. As it relates to nighttime, people are in bed at 10 pm. There is still a noise issue with this time frame. If there are no neighbors, we are imposing limitations on something that is not needed. · Regulate the distance to residents. Then set the hours. The problem is noise. · Irrigation sensors are great. V onhof: · Agreed with the irrigation. Rain sensors are a great idea. L\OI files\O 1 plancomm\OI pcminutes\MN092401.doc 7 . ,. Planning Commission Meeting September 24, 2001 . Agreed with Stamson, there should be consistency with the districts regarding the carwashes. It would be possible, especially with gas stations, which are adjacent to residential areas. Something could be done. . Don't know ifits better to regulate the hours or maintain the doors be closed all the time. Noise is a continual condition. Open Discussion and comments: (regarding carwashes) . Most carwashes now have to open the back door to be air-dried. . Most gas stations are along Highway 13. Between 6:00 a.m. and 11:30 p.m., the traffic and noise levels are going to be higher, the carwash noise is not going to be significantly contributing to that. . Do not like the doors being shut. Liked Lemke's suggestion of mitigating the distance from a residential district. . There is a design that keeps the dryer inside the carwash. . How to police? . Questioned staff if there have been complaints from the C1 District. Rye said there were none, it came from a C4 district. . All agreed there should be some regulation. . Limit the hours of open doors. . Hard to speculate what will happen. . Really only applies to 2 stations in Prior Lake. . Table to next session and contact the stations and explain the problem and see if they have a solution that would work. They may have additional information. . Other cities have varying regulations to their ordinances. There is no standard language. MOTION BY STAMSON, SECOND BY CRIEGO, RECOMMENDING CITY COUNCIL APPROVE THE RAIN SENSOR AMENDMENT PURSUANT TO STAFF'S LANGUAGE. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY STAMSON, SECOND BY LEMKE, TO TABLE THE CARWASH ISSUE TO OCTOBER 8, 2001 AND CONTINUE THE PUBLIC HEARING. Vote taken indicated aye by all. MOTION CARRIED. 5. Old Business: A. Case Files #01-066 & #01-067 EFH Company representing Metro Cabinets and American Glass & Mirror Variance Resolution. Zoning Administrator Steve Horsman presented Resolution 01-015PC as directed by the Planning Commission at the September 10,2001 meeting. L:\OJ files\OJ plancomm\OJ pcminutes\MN092401.doc 8