HomeMy WebLinkAboutDecember 15, 200316200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
December 12, 2003
TO: MAYOR HAUGEN AND CITY COUNCILMEMBERS &
COMMISSIONERS
SUBJECT:
PLANNING
December 15th Joint City Council/Planning Commission Work Session
Three key issues which face our growing community are scheduled to be discussed at this
special work session. An agenda is attached which outlines each of the topics, the speakers,
and the timeline for each item.
Also attached are materials for the City Council and Planning Commission to read prior to the
meeting. They are:
~'9~ Draft McComb Economic Development Study
~9"-Graphics showing the Downtown Streetscape Plan and construction
materials.
~ A memo ~)utlining potential revisions to the zoning ordinance.
A light dinner will be served at the conclusion of the work session (about 6 or 6:15 pm). Thank
you all for this significant time investment to address key questions facing Prior Lake.
CC:
Don Rye
Jane Kansier
Cynthia Kirchoff
Bud Osmundson
Sue McDermott
Kelly Meyer
Nathan Oster
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Work SessiOn
December 15, 2003
1pm - 6:45pm
Downtown Redevelopment
McComb Economic Development Study (Don Rye, Jim
McComb)
(Break - 3pm-3:15pm)
2
Downtown Streetscape Plan (Sue McDermott, Ken
Anderson, Chris Behringer, Kevin Kielb)
-',I(- Survey- Property Impacts
-~ Design of Main / Ridgemont / CSAH 44 / TH13 Intersection
-~ Parking Study Status
~ Streetscaping Plan
(Break - 4:15pm-4:30pm)
m
Discussion on Possible Zoning Ordinance Revisions
(Don Rye, Jane Kansier)
4. Other Business~
5. Dinner (6:15pm - 6:45pm)
~ Please note that the City Council reserves the right to add or delete items from the agenda based
upon time availability.
www.cityofpfiorlake.corn
Phone 952.447.4230 / Fax952.447.4245
SUMMARY OF FINDINGS
PRIOR LAKE DEVELOPMENT ~POTENTIAL
Market analysis was conducted to determine demand for retail business park and residential
development in Prior Lake. The results of this analysis are summarized below.
RETAIL DEVELOPMENT
Prior Lake lies at the southem edge of the Twin Cities urbanized area and its trade area includes
agricultural areas to the east, west and south. These agricultural areas will be developed with
homes as the MUSA line is extended. Factors that support retail and service potential in Prior
Lake include:
Rapid household growth within Prior Lake's primary and secondary trade areas.
Development in the Spring Lake Township annexation areas will reinforce existing
retail locations along TH-13 in Prior Lake.
· Average household income in Prior Lake's trade area was estimated at $96,658 in
2002 and is estimated to increase to 110,496 in 2007. There is 35 percent above the
Minneapolis-St. Paul MSA average of $71,738 and $81,129 for 2002 and 2007,
respectively.
· Retail development at CSAH 42 and TH-13 is anchored by stores that emphasize low
prices, limited service and high volume.
· Prior Lake can compete with this concentration of budget and lower moderate price
points by attracting stores whose products and senTices are more in line with trade
area incomes and lifestyles.
Prior Lake's retail areas along TH-13 have the opportunity to develop and redevelop with stores
and services that appeal to Prior Lake's favorable demographics.
Retail Development Potential
Prior Lake development potential for retail stores, food service, and services is closely related to
trade area household growth. Trade area households, shown at the top of Table i, are estimated
to increase from 12,918 in 2005 to 27,407 in 2025. Household growth projections are based on
market demand development estimates. If residential development exceeds or is below this
estimate, development potential will be higher or lower than projected.
Categories of retail stores and Services, and square footages that are possible in Prior Lake are
contained in Table i for each target year (2005, 2010, 2015, 2020 and 2025). Supportable retail
space is estimated to increase from 279,200 square feet in 2005 to over 900,000 in 2025. These
estimates include existing businesses in Prior Lake as well as the additional space that can be
added in the future. These businesses will seek to locate in downtown, or in the TH-13 retail
areas. There may be migration of retail stores between each of these areas. The other retail areas
identified in the comprehensive plan are likely to evolve as convenience retail and service
locations and will have a smaller square footage of space than the TH-13 retail areas.
Table i
PRIOR LAKE SUPPORTABLE SPACE
BY MERCHANDISE CATEGORY
(Gross Leasable Area)
Merchandise Category 2005 2010 2015 2020 2025
Households 12,918 16,388 19,791 23,458 27,407
Convenience Goods 111,500 148,000 188,000 230,900 273,900
Shopping Goods 28,800 53,300 66,600 89,600 112,400
Building Materials 34,112 156,861 160,131 164,061
Auto Parts & Accessories 24,000 27,000 35,000 35,000 42,000
Services 48,400 66,800 88,100 113,400 135,600
Health Care 48,500 65,100 82,500 109,500 133,200
Other Services 18,000 247000 30,000 38,000 45,000
Total 279,200 418,312 647,061 776,531 906,161
Source: MeComb Group, Ltd.
Retail, food service, services, and office development potential in Prior Lake is likely over the
long term to include businesses that are new to Prior Lake and businesses that relocate from
other locations within the community as their space needs increase. Table ii lists those business
types that can be accommodated within the community as trade area households increase. This
table identifies the store type, median store size, and the store size range in each category. This
table includes businesses for which square footage demand cannot be quantified, but can be
accommodated based on the increasing size of Prior Lake's trade area.
Table ii
PRIOR LAKE POTENTIAL RETAIL TENANTS
Establishment Type 2005
Convenience Retail
Supermarket
Specialty Food Store
Drug Store X
Hardware X
Liquor X
Florist X
Food Service
Full Service Restaurant X
Limited Service X
Snack & Beverage X
Convenience Store/Gasoline X
Shopping Goods
Women's Clothing
Family Clothing
Furniture X
Floor Coverings X
Home Furnishings X
Radio, TV, Electronics X
Square Feet Typical Size
2010 2015 2020 2025 Median
Ranse
X X X X 5,124 2,100 9,275
X X X X 3,113 1,645 9,575
X X X X 1,500 750 2.500
X X X X 2,250 1,500 5,100
3,000 1,000 8,800
X X X X 6,000 2,200 26,225
X X X X 4,860 2,400 24,200
X X X X 3,826 1,100 11,500
X X X X 3,500 1,800 19,200
X X X X 3,013 1,400 7,100
X X X X 48,775 29,000 65,000
X X X X 3,140 1,100 23,000
X X X X 11,153 7,500 32,100
X X X X 7,857 3,100 25,000
X X X X 4,000 1,300 6,700
X X X X
Table ii (cont.)
PRIOR LAKE POTENTIAL SERVICE'TENANTS
Establishment Type 2005
Shopping Goods (cont.)
Music
Sporting Goods X
Jewelry Store X
Card Shop X
Optical Shop
Hobby/Toy & Game
Camera/Photo Supply
Pet Store
Frame Store
Cosmetics/Beauty Supplies
Other Retail Stores
Home Center
Nurse .fy, Lawn and Garden
Paint, Glass, Wallpaper
Ontdoor Power Equipment
Auto Parts & Accessories X
Tire Dealers X
Services
Beauty/Nail/Tanning X
Dry Cleaning X
Interior Decorator* X
Travel Agent* X
Film Processing*
Mailing Package* X
Copy Shop* X
Video Rental X
Community
Daycare* X
Physical Fitness X
Financial
Bank*
Insurance* X
Real Estate*
Income Tax Preparation* X
Finance Company
Brokerage
Other
Legal X
Accounting X
Employment Agency X
Medical
Medical Practitioners/Clinic X
Dentist X
Chiropractors X
Physical Therapists X
Square Feet
2010 2015 2020 2025 Median
Typical Size
Ran[~e
X X X X 3,432 1,300 7,100
X X X X 5,100 1,700 42,600
X X X X 1,350 600 2,500
X X X X 3,000 1,500 9,600
X X X X 1,500 900 3,400
X X X X 7,000 1,250 41,900
X X 1,501 1,000 3,400
X X X X 3,600 1,200 24;800
X X X X 1,400 800 3,000
X X 1,527 750 2,950
X X X 115,000 80,000 135,000
X X X X 15,000 10,000 25,000
X X X X 3,233 N/A N/A
X X X X N/A N/A N/A
X X X X 6,000 1,800 11,400
X X X X 1,950 1,800 4,100
X X X X 1,400 900 2,100
X X X X 1,750 1,000 2,600
X X X X 1,500 1,000 2,500
X X X X 1,200 800 3,100
X X X X 1,150 650 1,900
X X X X 1,400 1,000 2,000
X X X X 3,200 1,100 6,300
X X X X 6,000 3,400 - 7,500
X X X X 4,800 4,000 7,000
X X X X 6,000 1,350 12,400
X X X X 3,500 1,500 7,500
X X X X 1,000 600 2,300
X X X X 1,800 600 5,000
X X X X 1,600 1,000 2,500
X X X X 1,560 1,150 2,500
X X X 1,050 500 3,500
X X X X 1,705 1,000 3,000
X X X X 1,600 1,000 2,500
X X X X 1,300 900 1,900
X X X X 1,800 900 5,400
X X X X 1,800 900 5,400
X X X X 1,600 900 5,400
X X X X 1,600 900 5,400
N/A: Not Available.
* Other potential stores based on trade area size and sales potential in olher categories.
Source: McComb Group, Ltd.
iii
RESIDENTIAL DEVELOPMENT
Metropolitan area residential development has changed
These changes include:
dramatically over the past ten years.
Increasing levels of homeownership stimulated by Iow interest rates during the past
three y ears.
· Low interest rates made higher priced homes more affordable.
· Developers responded by producing more entry level housing, both single family and
townhomes.
· Low interest rates enabled many additional households to qualify for home
mortgages. This permitted many former renters to become homeowners.
· This shift reduced the demand for rental housing.
Increasing land values reinforced townhome development trends as developers strove
to maintain low entry level home prices.
· More expensive to,a~thome and multi-family product was constructed in response to
lifestTle changes by empty nesters and other households that preferred a maintenance-
free lifeslyle.
These changes resulted in a dramatic increased the proportion of multi-family housing units
constructed in the metropolitan area, Scott County, and Prior Lake.
Single Family and Multi-Family Trends
Prior Lake began the decade with multi-family buildings representing 4.4 percent of all building
permits. Since 1994, multi-family development in Prior Lake has exceeded ten percent in all but
two years, increasing to 35.9 percent in 2002. Building permits for the first nine months of 2003
in Prior Lake indicate that townhome development represents over two-thirds (67.6 percent) of
2003 building permits.
Of the many forces that stimulated the increase in multi-family home production, only interest
rates represent a cyclical event. Interest rates are sure to rise in the future. As they do, this will
place increasing pressure on developers to maintain affordable monthly payment in each of their
market segments. This will most likely result in higher proportions of multi-family
development, although higher interest rates may reduce overall residential development.
Residential development projections, contained in Table iii, indicate that Prior Lake can add over
12,000 housing units by 2025. This would bring Prior Lake's household count to about 18,700.
This represents a trend line projection and individual years could be above or below the 25
percent market share. Based on the increase in building permit activity in Prior Lake, it is
possible that this represents a conservative estimate of household growth.
Prior Lake has experienced increased multi-family housing construction over the past few years.
In the future single family is estimated to be about 40 percent of building permits. Townhomes,
twinhomes, and other medium density townhomes are estimated at 50 percent and other higher
iv
density multi-family at ten percent. During the analysis period with approximately 12,100
building permits, single family would total about 4,800, townhomes 6,000 and other multi-family
over 1,200 units as shown in Table iii.
Table iii
PRIOR LAKE
BASELINE RESIDENTIAL DEVELOPMENT PROJECTIONS: 2003 TO 2020
SINGLE FAMILY, TOWNHOME AND OTHER MULTI-FAMILY
Building Permits
Single Townhome Other
Year Total Family Twin Home Multi-Family
2003 444 178 222 44
2004 451 180 226 45
2005 458 183 229 46
2006 465 186 233 47
2007 471 188 236 47
2008 479 192 240 48
2009 486 194 243 49
2010 493 197 247 49
2011 500 200 250 50
2012 508 203 254 51
2013 516 206 258 52
2014 523 209 262 52
2015 531 212 266 53
2016 539 216 270 54
2017 547 219 274 55
2018 555 222 278 56
2019 564 226 282 56
2020 572 229 286 57
2021 581 232 291 58
2022 589 236 295 59
2023 598 239 299 60
2024 607 243 304 61
2025 616 246 308 62
Total 12,093 4,837 6,047 1,209
So.ce: McCemb Group, L~.
Density
The mix of units contained in Table iii would require over 2,100 developable acres as shown in
Table iv. Assuming an average single family density of 3.3 units to the acre requires about 1,466
acres; while a medium density of ten units per acre utilizes 605 acres. Other multi-family would
need about 41 acres. Average density is 5.7 units per acre.
Year
Units
Estimated Density
Per Acre
Acres
Percent
Source: McComb Group, Ltd.
Table iv
PRIOR LAKE
BASELINE RESIDENTIAL ESTIMATED DENSITY: 2003 TO 2020
SINGLE FAMILY, TOWNHOME AND OTHER MULTI-FAMILY
Single Townhome
Total Family Twin Home
12,093 4,837 6,047
Other
Multi-Family
1,209
5.7 3.3 10.0 30.0
2,112 1,466 605 41
100.0% 69.4% 28.7% 1.9%
BUSINESS PARK
Prior Lake's industrial development is located along CSAH 21 on the eastern edge of the City.
This area includes older warehouse and industrial development north of the highway, as well as
Waterfront Passage Business Park. Business park development began in 1993 and its most
recent building was completed in 2002. Eight buildings total 199,643 square feet.
Office Warehouse
Estimated office warehouse absorption by five-year periods, is contained in Table v. During the
period 2005 through 2009, Prior Lake is estimated to capture 55,000 square feet of office
warehouse space, which would require about four acres at 15,000 square feet per acre. Annual
absorption increases gradually over the 20-year period to 107,000 square feet, which would
require eight acres. During the projection period, office warehouse space is expected to increase
from 55,000 square feet in the first five-year period to 107,000 square feet in the 2020 through
2025 period. This is a total of 310,000 square feet, which would require 23 acres at 15,000
square feet per acre.
Table v
OFFICE WAREHOUSE DEVELOPMENT POTENTIAL
ESTIMATED ABSORPTION AND ACRES
Metro
Period Area
2005 - 2009 4,372.6
2010 - 2014 5,531.4
2015 ~ 2019 6,258.2
2020 - 2025 8,604.4
Total
source: McComb Group, Ltd.
(In Tl~ousands of Square Feet)
Southwest Prior Acres
Submarket Lake @ 15,000
~ 12.5% ~ 10 Sq. Ft.
547 55 4
691 69 5
782 79 6
1,075 107 8
310 23
Office Showroom
Prior Lake office showroom absorption is estimated to increase from 63,000 square feet in the
initial five-year period to 320,000 square feet during the 2020 to 2025 time period. This estimate
results in estimated 49 acres at 15,000 square feet per acre.
Table vi
OFFICE SHOWROOM DEVELOPMENT POTENTIAL; 2025
ESTIMATED ABSORPTION AND ACRES
(In Thousands of Square Feet)
Southwest
Metro Submarket
Period Area ~ 25%
2005 - 2009 5,005 1,251
2010- 2014 6,387 1,598
2015 - 2019 8,152 2,038
2020 - 2025 12,807 3,202
Total
Source: McComb Group, Ltd.
Prior Lake
Percent Sq. Ft.
5.0 % 63
7.5 120
10.0 203
10.0 320
Acres
@ 15,000
Sq. Ft.
5
8
14
22
706 49
vi
Commercial Office
Estimated commercial office absorption by five-year periods is contained in Table vii. During
the period 2005 ~through 2009, Prior Lake is estimated at 77,000 square feet and increases to
376,000 square feet in the 2020 to 2025 time period. Assuming 12,000 square feet per acre
results in about 59 acres of land to accommodate commercial office.
Table vii
COMMERCIAL OFFICE DEVELOPMENT POTENTIAL
ESTIMATED ABSORPTION AND ACRES
(In Thousands of Square Feet)
Southwest Acres
Metro Submarket Prior Lake ~ 12,000
Period Area ~ 25% Percent Sq. Ft. Sq. Ft.
2005 - 2009 10,234 2,559 3.0 % 77 7
2010 - 2014 11,987 2,997 5.0 150 12
2015 - 2019 14,031 3,508 7.5 263 21
2020 - 2025 20,031 5,008 7.5 376 30
Total 866 70
Source: McComb Group, Ltd.
Summary
Additional demand for office and business park land in Prior Lake through 2025 is summarized
in Table viii. Prior Lake office industrial land demand includes office warehouse, office
showroom, commercial office, professional services, and health care. The mid range estimates
for office warehouse and office showroom are 23 and 49 acres, respectively. Commercial office
is the largest category with an estimated 70 acres. There are some professional services and
health care uses that occupy office buildings. The mid range demand for these categories are
estimated at six and nine acres, respectively.
Table viii
PRIOR LAKE
ESTIMATED LAND DEMAND: 2005 TO 2025
Acres
Type Low Mid Range High
Office Warehouse 20 23 27
Office Showroom 42 49 57
Office 60 70 81
Services 5 6 7
Health Care 7 9 11
Total 134 157 183
Source: McComb Group, Ltd.
These land demand forecasts are realistic and reflect the fact that Prior Lake is interested in
knowing the potential for business park development and its better to be optimistic for this
purpose. Low range estimates are 15 percent below the mid range and high range estimates are
vii
15 percent above the mid range. The low range results in a total of 134 acres of land and the
high results in 183 acres through 2025.
These land area estimates should be viewed as guidelines and may be modified and adapted if
future events are different than projected. Any projection extending 20 years into the future can
be changed by unforeseen events.
Vlll
SUPPORTABLE SPACE SERVICE CATEGORY BY COMPREHENSIVE PLAN DESIGNATION
MERCHANDISE CATEGORY I C-NR C-CC C-TC C-HG TOTAL
i ;
Convenience Retail ] i I ....... ~-
Supermarket ! i -- ! 65,000! 65,000
S_~peciality Food Store 1,333 1,333', 1,333i ....... 4,000
Drug Store 22,5001 ; 22,5001 45,000
IUardware I i I ' 12,000! -
~ 8,250 12,000
!Liquor.I 8,250] 8,250] 8,250; 33,000
i FIorist i 1,750[ 1,7501 1,7501 1,7501 7,000
iHealth Store i 350 3501 350', 350i -- 1,400
Full-service Restaurant I 11,000 9,0001 9,000 9,000i .... 27,000
Limited Service Restaurant i 11,000
22,000
Snack & Beverage Places I 1,875J 1 875i 1,8751 1,875/
Gas/Convenience Food Stores 16,6671~ 16',6671 16,667' '- 7,500;
; 50,000~
Other Retail Stores i
Building Materials & Supply Stores i 120,000 120,000
Paint, Glass & Wallpaper ~ I 4'0761 : 4,0761 .... 8,151
Lawn & Garden Equipment i ~ i 10,910 10,910
Retail Nurseries, Lawn & Garden r -- __
Auto Pads & Accessories Stores I I ,,:' 25,000 __ 25,000
Tire Stores I i 32,000 32,000
i I 10,000 10,000
~hopplng Goods ~ i I
Family Clothing I 3,750 3,750 3,750 ! 3,750 15,000
Furniture 5,000 5,000 5,000 i 5,000 .... 20,000
Floor Coverings 2,250 2,250 2,250/ 2,250 9,000
Other Home Furnishings 2,125 2,125 2,125 2,125 8,500
Radio, TV & Electronics I 4,000 4,000 4,0004,0001 ----- 16,000
Music, computers & Other Electronics 1,500 1,500 1,5001 1,5001 6,000
Sporting Goods 3,500 3,500 3,500 3,500 14,000
Jewerly Stores 1,000 1,000 1,000 1,000 4,000
Hobby, Toy & Game 750 750 750 750 3,000
Camera & Photography Supply 325 325 325i 325 -- 1,300
Gift, Novelty & Souvenirs 1,500 1,5001 1,5001
1,500 6,000
Pet Stores 750 750 7501 7501 3,000
Optical Goods Stores I 750 750 750 7501 3,00~
Cosmetics, Beauty Supplies & Perfume 400 400 400 40_4_0~ 1,600
Other Health & Personal Care 500 500i 500 ~ 2,000
Beauty Shops 5,250 5,250[ 5,250 5,2501 21,000
Other Personal Care Services ~ 875 --- 8751 8751 875 3,500
Coin-operated Laundries 1,000 1,000 1,0001 1,000 --'-- 4,000
Drycleaninig -- I -- 1,250 1,250 1,250i 1,250 5,000
Photofinishing I 1,500 1,500 1,500i 1,500~ 6,000
IOther Personal Services I 3,250 3,250 3,250 i 3,250j ..... 13,000
~Video Tape & Disc Rental ~- 1,500 1,500i -- 1,500! 1,500! 6,000
Physical Fitness Facilities .~ I ! 45,0001 45,000
Professional Services ~ 6,250 6,2501 6,250~ 6,250[ 25,000
Reuphoistery & Furniture Repair i 150 150 i 150 i 150 600
Automotive Exhaust System Repair I ; i~ 2,000 -- 2,000
Automotive Oil Change & Lubrication Shops I ; I 4,5001 4,500
Doctors' Offices I 18,750 18,7501 18,7501 18,7501 -- 75,000
Dentists' Offices ! 10,000 10,000! 10,000j -- 10,000 40,000
Chiropractors' Offices i 2,500 2,5001 2,5001 2,500 .... 10,000
Optometrists' Offices ! 800 800 i 800~ 800! ........ 3,200
Physical & Occupational Therapy Offices I 1,250 1,250i 1,250i -- 1,2501 5,000
' 123,650' '~
TOTAL SQUARE FEET IN CA'i;EGORY ,; ~ 148,225 i~ 114,650 474,636i 861,161
TOTAL ACRES IN CATEGORY = 8.51 10.21 7.9 32.7 ! 59.3
C-HR-Neighborhood Retail
C-CC o Community Retail
C-TC - Town Center
C-HG - Hospital General Business
Viereck Home Accents Etc.
o
o
'~3 ~...
Office/Reto~
Space
Car Quest
Liz Kapoun Realty
c o
m ~ m
i ECON TI UCTION
Area
PARKING SUPPLY/OCCUPANCY
On-Street Off-Street
iMarked Unmarked Marked Unmarked
Block 1: Supply - 0 21 69 2
Wed Max 0 5 8 0
Fri Max 0 4 7 0
Sat Max 0 2 5 0
Block 2: Supply - 0 15 0 0
Wed Max 0 4 0 0
Fri Max 0 3 0 0
Sat Max 0 3 0 0
Block 3: Supply - 0 17 0 0
Wed Max 0 9 0 0
Fri Max 0 10 0 0
Sat Max 0 2 0 0
Block 4: Supply - 39 I7 22 1
Wed Max 32 12 18 4
Fri Max - 25 10 15 2
Sat Max - 13 0 11 0
NOT TO SCALE
- Building
- Unmorked Porking Spoce
- Morked Porking Spoce
- Block Boundory
Note: The parking maximum exceeds the supply in a couple areas due to illegally parked vehicles.
EAGLE CREEK AVENUE
Block ,.3
Block 4
FIGURE - PARKING SUPPLY/OCCUPANCY OF BLOCKS
PRIOR LAKE DOWNTOWN PARKING STUDY
PRIOR LAKE, MINNESOTA
t: ,566".,56605116',,Word ,Parking Bose Mop.dwg
1 TO 4
Bonestroo
~ Rosene
Anderlik &
~ Associates
Engineers & .architects
~NE~.
DU
rvl
16200 Eagle Creek Avenue S~I~.''''''''''~''
Prior Lake, MN 55372-1714
TO:
Mayor and City Council
Planning Commission Members
FROM'
Jane Kansier, AICP, Planning Coordinator
DATE:
December 15, 2003
RE:
Miscellaneous Amendments to the Zoning Ordinance
On November 17, 2003, the City Council directed staff to schedule a joint City
Council/Planning Commission workshop to discuss several potential
amendments to the Zoning Ordinance. The Council identified the following
amendments for discussion:
· An amendment to permit free-standing parking lots in residential use
districts;
· An amendment to reduce the setback for a water-oriented accessory
structure on riparian lots;
· An amendment regarding the treatment of temporary structures (i.e.,
temporary storage);
· An amendment allowing additional materials to be considered Class I
materials;
· An amendment dealing with the zoning classification for newly
annexed property;
· An amendment to restrict fences along the lakeside of riparian
,property;
· An amendment to allow off-premise advertising signs for regional
facilities such as Mystic Lake;
· An amendment requiring'that provisions be made for a deck addition
on any new single family dwelling;
· An amendment to allow the Planning Commission final authority on
Conditional Use Permits, with the opportunity to appeal that decision
to the City Council.
The purpose of the workshop is to provide the City Council and the Planning
Commission the opportunity to discuss each of the proposed amendments. This
approach will provide staff with some perspective on what direction to take during
www. cityofpriorlake.¢om
..................... 1:\03 files\03 ordln' amend\03 zoningMrfisc amendments\workshop report~floc
Phone 952.447.4230 / Fax 952.447.4245
the process of actually drafting the proposed amendment, or whether to draft the
amendment at all.
This memorandum provides a brief description for. each of the potential
amendments, including the primary impetus for the amendment, a history, if any,
of similar amendments, the potential impacts of the amendment and some
options.
1. AN AMENDMENT TO PERMIT FREE-STANDING PARKING LOTS IN
RESIDENTIAL USE DISTRICTS
Description: This amendment would allow free-standing, nonresidential
parking lots in residential districts. Presumably, the purpose of these parking
lots would be to provide additional parking for another use that is not located
on the same lot.
Impetus: There are two current situations driving this amendment. The first
is Captain Jack's restaurant. There is a vacant parcel of land across the
street from the restaurant owned by one of the partners. They may wish to
utilize this lot for overflow parking for the restaurant and the marina. The
second area is the DNR lake access on DeWitt Avenue. The DNR owns a
second parcel and would like to expand the parking available for the access.
Pros and Cons: An amendment of this type will allow additional parking for
existing nonresidential uses, and potentially reduce the amount of off-street
parking. Conversely, the amendment will allow for the potential expansion of
nonconforming, non-residential uses in the neighborhood.
Options: An amendment could be written to allow off-site parking for non-
residential uses. The amendment could be written in such a way that the use
is limited to a specific distance from the use it is intended to serve, specific
landscaping and buffering requirement, and potentially provide for a public
review process, such as a Conditional Use Permit, to allow neighborhood
input.
AN AMENDMENT TO REDUCE THE SETBACK FOR A WATER-
ORIENTED ACCESSORY STRUCTURE ON RIPARIAN LOTS
Description: This amendment would reduce the minimum 50' setback for
water-oriented accessory structures on riparian lots.
Impetus: A gazebo exists on a vacant riparian lot in a neighborhood where
the houses adjacent to the gazebo are less than 50' from the OHW. The
question is, since the surrounding principal structures, even though
nonconforming, are less than 50' from the OHW, why can't accessory water-
oriented structures be treated the same? As a matter of fact, there are many
water-oriented accessory structures on the lake located closer than 50' from
the OHW.
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 2
History: In June, 2002, the Planning Commission initiated an amendment to
the Zoning Ordinance that expanded the definition of water-oriented
accessory structures and reduced the minimum setback to 50' from the.
Ordinary High Water Mark (OHW). (This amendment was triggered by the
same gazebo.) The staff originally suggested that the setback be reduced to
10' from the OHW for all water-oriented accessory structures, rather than only
on lots with slopes greater than 20 percent. However, the Planning
Commission felt this was too close to the OHW and recommended a 50'
setback. The Planning Commission also requested input from the Lake
Advisory Committee, who concurred with the Planning Commission's
recommendation. The City Council considered the original amendment on
September 3, 2002, and agreed with the recommendation of the Planning
Commission and the Lake Advisory Committee.
Pros and Cons: The Planning Commission originally recommended a 50'
setback for water-oriented accessory structures because of aesthetic
concerns. Placing these structures too close to the shoreline may cause
crowding. The Commission felt the 50' setback already provided the property
owner some relief, and the 10' setback on'lots with a 20% slope provided
additional relief. The downside of this ordinance is that it does not address
the structures already located within the 50' setback.
Options: Whether or not a water-oriented accessory structure should be
· allowed on all riparian lots is a policy issue. The current ordinance provisions
were generally intended for aesthetic purposes. Earlier platted riparian lots.
tend to have smaller dimensions and less total area than is required for lots
today. There has also been concern about the encroachment of structures on
the lake. The current language is less restrictive than the State Shoreland
Management rules, so further relaxation of the setback will be within the DNR
requirements.
3. AN AMENDMENT REGARDING THE TREATMENT OF TEMPORARY
STRUCTURES (I.E., TEMPORARY STORAGE)
Description: This amendment would pertain to the treatment of temporary
structures on residential lots.
Impetus: The City staff has received a number of complaints about the use
of temporary structures for the storage of recreational vehicles. These
structures generally include a fabric or metal roof or cover supported by poles
anchored to the ground. Given the escalating price of off-premise boat
storage, we expect to see more structures of this nature.
Pros and Cons: The primary complaint about the temporary boat covers is
aesthetic. In addition, these "temporary" structures may eventually become
permanent. On the other hand, recreational vehicles are a fact of life in a lake
community such as Prior Lake. The temporary storage structures provide an
economical means to store these vehicles.
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 3
Options: An amendment addressing these structures in the same manner as
other recreational vehicles may be in order. An amendment written in this
manner would ensure the structures remain temporary, but would also
address some of the aesthetic concerns by limiting location and the amount of
time a structure could remain in place.
4. AN AMENDMENT ALLOWING ADDITIONAL MATERIALS TO BE
CONSIDERED CLASS I MATERIALS
Description: This amendment addresses the types of materials considered
as Class I for nonresidential uses, and for residential uses with more than 4
dwelling units per building. Currently, Class I materials are limited to brick,
cement stucco, glass and marble.
Impetus: Earlier this year, the City Council considered a Preliminary PUD
Plan known as Wensmann 4th Addition. This PUD plan includes townhouses
in 4- to 8-unit buildings. The developer wishes to utilize a product known as
"Hardiplank" on the units. This product resembles wood or vinyl siding, but is
considered a more durable product. An example of this product can be seen
on the Little Lakers building. There are other products on the market which
we have not classified as well.
This product is not considered a Class I material under the current ordinance.
The City Council directed staff to look at expanding the types of materials that
would qualify as Class I. In addition to "Hardiplank" the Council may also
wish to review the classification of EIFS, a synthetic stucco.
Pros and Cons: The purpose of the Class I materials requirement in twofold.
First of all, these materials are required for aesthetic purposes.
Nonresidential buildings and larger residential structures tend to be larger
buildings, and the Class I materials tend to be a better-looking exterior finish.
Second, there is a concern for durability and maintenance. The current Class
I materials were chosen because they are more durable than other types of
materials. However, new technology may now allow different materials with
the same results.
Options: An amendment expanding the list of acceptable Class I materials
may be in order. Such an amendment would allow these materials on
nonresidential buildings and on residential buildings containing more than 4
units.
5. AN AMENDMENT DEALING WITH THE ZONING CLASSIFICATION FOR
NEWLY ANNEXED PROPERTY
Description: The staff is proposing an amendment to the Zoning Ordinance
that would provide an initial zoning classification for newly annexed lands. At
a minimum, this would maintain the status quo on the property at least until
h\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 4
the Comprehensive Plan is amended to determine the future use of the
property.
Impetus: The City and Spring Lake Township recently adopted an Orderly
Annexation Agreement that will annex approximately 3,000 acres of land over
the next 20 years. Furthermore, the City is continuing to receive inquiries and
requests for annexation of other property. Once annexed, these and other
annexed properties have no designation on either the Comprehensive Plan
Land Use Map or the Zoning Map until the Land Use Plan is amended to
include the area and the Zoning Map is amended to zone the property in a
manner consistent with the Comprehensive Plan. This can cause some
problems and confusion for the property owners, potential developers and
even adjacent landowners about what the use of these annexed properties
will be.
Pros and Cons: There are a number of approaches that can be used.
Attached as Exhibit A is language from the City of Rochester Zoning
Ordinance regarding the designation of annexed property. The staff is
providing this language because of the approaches used and the fact that the
City of Rochester annexes several hundred acres of land every year.
The approach used by the City of Rochester is fairly complex. In brief, the
ordinance designates newly annexed land as R-1 unless it is inconsistent with
the Comprehensive Plan or there is some question about the appropriateness
of the Comprehensive Plan designation. The key to this approach is the
underlying Comprehensive Plan Land Use Map designation, which is why this
approach may not be applicable to the City of Prior Lake. Currently, the City
of Prior Lake Comprehensive Plan does not extend beyond the City limits.
A simpler approach might be more appropriate for the City. For example, the
ordinance could' be amended to designate all newly annexed land as A
(Agricultural). In most cases, this zoning classification will alloTM the use of
the property, if any, to continue. In the meantime, the property owner and/or
the City can determine the most appropriate Comprehensive Plan Land Use
designation for the site. Following an amendment to the Comprehensive
Plan, the property owner could petition to rezone the property.
The City of Mankato utilizes a Transition district (see attached Exhibit B).
This district is intended to provide a temporary designation for newly annexed
land. In essence, existing uses are allowed to continue, and new
development or the expansion of existing uses is prohibited. This approach
works well on vacant land, but may not be applicable to developed properties.
There are several other approaches that may be used, as outlined in the
attached Zoning Reports (Exhibits C and D). Keep in mind that some of
these approaches may not be consistent with Minnesota Statutes.
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 5
Options: As noted above there are several options. This type of amendment
is becoming more critical in light of the pending annexations.
6, AN AMENDMENT TO RESTRICT FENCES ALONG THE LAKESIDE OF
RIPARIAN PROPERTY
Description: This amendment would regulate fences located along the side
yard lot line of riparian lots.
Impetus: This discussion is triggered by a dispute involving a fence along
the side lot line of a riparian lot. One of the property owners is concerned that
the existing fence impacts the view of the lake. This issue is further
complicated by the fact that the subject fence is located within the City's
easement providing access to a lift station.
History: The subject of fences in the area between houses and the
lakeshore is not new. In 1996, the Council considered an amendment to the
fence ordinance to restrict the placement of fences in the 75-foot lakeshore
setback. Staff made no recommendation on the draft ordinance that limited
fence height to 5 feet and opacity to no more than that of a chain-link fence.
After a great deal of discussion, the Planning Commission recommended
denial of the proposed ordinance. One of the reasons given was that it did not
appear to be a widespread problem that necessitated an ordinance
amendment. The City Council subsequently denied the ordinance on a 4-1
vote.
In September, 2002, the Planning Commission considered the need to amend
the fence ordinance to specifically address fences along the side lot lines of
riparian lots. The Planning Commission concluded there was no need for an
amendment at that time.
Pros and Cons: Riparian lots are not specifically mentioned in the fence
ordinance: A riparian lot is defined as any lot that abuts a natural
watercourse such as a lake. This type of lot is considered to have a front and
rear lot line (lake side) similar to a non-riparian lot. A rear lot line is defined
as the property line most closely parallel to the front property line. Since the
shoreland property line is typically opposite the front property line, it would be
considered the rear lot line and fences are limited to 6 feet in height in rear
yards. Fences along the side lot lines on riparian lots are also limited to 6' in
height. There is no restriction on the location of a fence along a side lot line
to the lakeshore.
This issue was prompted by a dispute between two neighbors. At that time,
staff conducted extensive research on the way other communities with
lakeshore dealt with the fence issue. Of the 13 communities surveyed at that
time, 6 did not allow fences within the lakeshore setback. Five of the cities
allowed fences in the setback consistent with fences on non-lakeshore lots.
Two cities allowed fences with restrictions on height and/or opacity.
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 6
m
Those ordinances that prohibit fences within the setback are responsive to
the intent of the DNR Shoreland rules which, among other things, is to
preserve the visual character of urban lakes and to preserve lakeshore views
for riparian property owners. In contrast to this is the interest of riparian
owners to secure their property from intrusion in a manner permitted in other
parts of the City. This may be more significant on Prior Lake, which has a
large number of small lakeshore lots. The establishment of regulations that
limit fences in the lakeshore setback to a greater degree than is the case on
non-riparian lots would restrict the ability of owners of such property to control
entrance to their property and to protect their privacy. In this regard, it would
mean the loss of a property right enjoyed by all non-riparian owners.
One of the concerns raised by staff at that time is that additional regulation of
fences would mean the establishment of a permitting process for fences. The
staff has since instituted a fence permit. These permits are issued at no cost
to the applicant, and require staff review of fence plans. Currently, the staff
does not require surveys to verify location relative to property lines, nor does
the staff conduct field inspections. However, in the event of a dispute, this
could become neCessary.
Options: The issue has arisen twice in the past 7 years. In both cases, a
disagreement between neighbors has raised the issue. Unless the Council
has an experience different than the staff, it does not appear to be a problem
of such magnitude and frequency as to require an ordinance amendment.
However, as in most of these cases, it becomes a policy matter for the
Council to determine whether the current situation justifies an amendment. It
must be noted that such an amendment does not require the removal of
existing fences which become nonconforming as a result.
AN AMENDMENT TO ALLOW OFF-PREMISE ADVERTISING SIGNS FOR
REGIONAL FACILITIES SUCH AS MYSTIC LAKF
Description: This proposal amends the City Zoning Ordinance to allow off-
premise advertising signs for regional facilities. Off-premise advertising signs
are currently prohibited.
Impetus: The Shakopee Mdewakanton Sioux Community would like to
locate a significant sign on their property at the intersection of CSAH 83 and
CSAH 42. This property is not in trust, and is thus subject to City Zoning
Ordinance requirements.
The sign proposed by the SMSC is 50' tall and 800 square feet in area
(Exhibit E). Since the City Zoning Ordinance does not permit off-premise
advertising signs, the SMSC is suggesting the language shown in attached
Exhibit F. '
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 7
'Pros and Cons: The language proposed by the SMSC attempts to limit its
application. However, there are other regional facilities that may also want to
utilize this provision, such as The Wilds Golf Course, or Cleary Lake and
Spring Lake Regional Parks. Narrowing the language too much also may
present questions of equal application of the ordinance and subject the City to
legal challenges of the ordinance.
The United States Supreme Court has reviewed a number of cases pertaining
to sign regulations, based on First Amendment rights. Essentially, the Court
has decided the City is allowed to regulated signs in terms of time, place and
manner. That is, the City may regulate location, size and so on. The City is
not allowed to regulate the content of signs. The proposed language may do
just this. Any amendment of this type must be carefully reviewed by the City
Attorney to ensure the language is consistent with the established case law.
Options: The Council and the planning Commission may wish to further
explore the language proposed by the SMSC. As mentioned above, any
amendment must be thoroughly reviewed by the City Attorney to ensure
compliance with the law. Alternatively, the Council and Planning Commission
'could take no action. This would not prevent the SMSC from filing a petition
to amend the City Zoning Ordinance.
8. AN AMENDMENT REQUIRING THAT PROVISIONS BE MADE FOR A
DECK ADDITION ON ANY NEW SINGLE FAMILY DWELLING
Description: This amendment would address the location of future or
planned decks on new single family dwellings.
Impetus: The Planning Commission and City Council recently reviewed
variance requests, and subsequent appeals, for deck additions to existing
single family dwellings. The original structures were built in a way that did not
allow for future decks meeting the required setback.
Pros and Cons: An amendment of this sort would require builders/property
owners to plan for a future deck addition and eliminate variances of the sort
recently considered by the Planning Commission and City Council. However,
we cannot assume this will eliminate all requests. It is not possible to plan for
future homeowner's wishes about the size and placement of a deck.
Options: Language to accomplish this objective might be stated as follows:
"No building permit will be issued for a home that could accommodate a deck
in the future if the structure and lot do not provide the required setback. This
provision precludes the placement of second stow doors, ledger boards, and
so forth, without providing the necessary setback."
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc
9. AN AMENDMENT TO ALLOW THE PLANNING COMMISSION FINAl
AUTHORITY ON CONDITIONAL USE PERMITS, WITH THF
OPPORTUNITY TO APPEAL THAT DECISION TO THE CITY COUNCIl
Description: This amendment would change the' procedure for approval of
conditional use permits by eliminating the need for City Council review. The
Planning Commission would act as the final authority on a conditional use
permit application, unless the decision is appealed to the City Council.
Impetus: One of the goals of the 2020 Vision and Strategic Plan is to
streamline zoning approval and building permit processes and regulation
without sacrificing quality and effectiveness. In an effort to meet this goal, the
staff is proposing this amendment. The amendment eliminates one step in
the CUP process and saves the applicant 2-3 weeks of processing time.
Pros and Cons: Minnesota Statutes require a public hearing be held prior to
approval of a conditional use permit. The statute requires the hearing be
conducted by either the "planning agency" (Planning Commission) or the
"governing body" (City Council). If the Planning Commission holds the
hearing, the statute does not require review and approval by the Council.
This process is very similar to the current variance process.
The proposed change does not eliminate the public review process, but it
does streamline the CUP process by eliminating a step. This can save the
applicant 2-3 weeks. Any applicant or affected party would continue to have
the option to appeal the Planning Commission's decision to the City Council.
Options: The Council and Planning Commission may wish to explore an
amendment changing the CUP process.
CONCLUSION
The staff is requesting some direction from the City Council and the Planning
Commission on these matters. It would be helpful to staff to discuss each of the
proposed amendments to provide staff with some direction to take during the
process of actually drafting the proposed amendment.
It must be noted that no ordinance can be written to address every situation. The
Council and the Planning Commission should consider the need for each of the
proposed ordinances. If the ordinance is intended to address a specific public
purpose, the Council and the Planning Commission may wish to initiate the
amendment. If a proposed ordinance will benefit an individual property owner or
entity, the Council and Commission may wish to direct those individuals to file a
petition for an amendment. The filing fee submitted as a part of that application
will help to defray some of the cost of processing the amendments.
According to Section 1108.501, amendments to the Zoning Ordinance may be
initiated in the following manner:
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The Planning Commission may initiate an amendment by motion;
· The City Council may initiate an amendment by motion to refer the
amendment to the Planning Commission;
· Any individual may initiate an amendment by petition.
In order to initiate any of the proposed amendments, either the Planning
Commission or the City Council must take official action at a regular meeting.
The Council could adopt a motion at its meeting on December 15, 2003, or the
Planning Commission could adopt a motion at its meeting on December 22,
2003.
1:\03 files\03 ordin amend\03 zoning\misc amendments\workshop report.doc 10
60 % ~ ~.~
EXHIBIT A
CHAPTER 60
INTRODUCTORY PROVISIONS
60.350 DESIGNATION OF ANNEXED PROPERTY
Zoning of land in the process of annexation may be done in conjunction with the
annexation proceedings, but shall be subject to the procedure and notice
requirements of section 60.330. The proposed zoning ordinance shall not be
passed on final reading prior to the date when the annexation ordinance is passed
on final reading but the ordinance annexing the property can also zone the
property.
60.3501
Designation of Annexed Property: Flood Way and Flood Fringe Property
which is annexed to the City of Rochester by any means or process and which is
located within a designated Special Flood Hazard Area inundated by the 100 year
Flood on the adopted Floor Insurance Rate Map for Olmsted County, Minnesota
and Incorporated Areas effective April 17, 1995, and any amendment thereto,
shall be designated as the Flood Prone (FP) district except those areas designated
as Flood Fringe A (FFA) under the Olmsted County Zoning Ordinance which
upon annexation shall be designated as the Flood Fringe'(FF) District. Property
designated on the adopted Flood Insurance Rate Maps for Olmsted County,
Minnesota and Incorporated Areas effective April 17, 1995, and any amendments
thereto as Floodway Areas in Zone AE shall be designated as the FloodwaY (FW.)
District.
60.3502 Designation of Annexed Property: Zoning of Land
If the City initiates the annexation and the land use plan shows that the
furore use of the property is low density residential, or ff the factual
situation does not satisfy any of the provisions of this section, then the
land would be zoned R-1 at the time of annexation.
2. If the City initiates the annexation and the land use plan shows that the
future use of the property is low density residential but there is some
question by the Council whether R- 1 zoning or R- 1 land usage is
appropriate due to changing conditions, the land would be zoned H with a
hearing to be held within sixty days of the annexation.
3~ If the City initiates the annexation and the future land use plan shows that
the future use of the property is something other than low density
residential, the land would be annexed and zoned H with a heating to be
held within sixty days of the annexation.
4. If the land owner initiates the annexation, the land owner must identifY the
zoning district for the property at the time of annexation.
If R-1 zoning is requested, it is consistent with the furore land use
plan and there is no question by the Council concerning the furore
zoning, the land would be zoned R- 1 upon annexation.
If zoning other than R- 1 is requested, the hearing on the requested
zoning district shall occur simultaneously with the heating on the
requested annexation.
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Co
If the land owner has not determined what zoning will be requested
for some or all portions of the annexed property, the land would be
zoned I.
60.351
Zoning Administrator Report: Within thirty (30) days after the effective date of
an annexation that was adopted without designating a zoning district, or within six
(6) months after the passage of a joint resolution designating an area in need of
orderly annexation, the zoning adminislxator shall prepare a report for the
Commission examining the existing pattern of development in the area, the
character of the property, and the land use plan recommendation for the area, and
shall include a recommendation on suitable zoning designation for the property. If
the City Council finds it is important to the protection or implementation of City
policies, interim regulations may be applied to the annexed area until more
permanent action can be taken.
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Rochester-Olmsted Planning Department
2122 Campus Drive SE, Suite 100
Rochester, MN 55904 (507) 285-8232
http://www.ci.rochester.mn.us/ldm/html/chap60/603 50.htm 9/10/2003
· 60 Page 4 of 6
No. 1659 as amended. The use of land and buildings within the boundaries of a
Planned Unit Development District continues to--~-6-~-govemed by unique set of
development plan documents approved by a Resolution of the Common Council
which may include but are not limited to site plans, grading plans,
amenity/landscaping plans, architectural ~ ownership association
documents. The approved P.U.D. documents are kept on file by the Zoning
Adminislxator and continue to be used in regulating the use of land within the
boundary of the P.U.D. The term Planned Unit Development shall also include all
Community Development Projects and Neighborhood and Community Shopping
Center Plans heretofore approved by resolution of the Rochester Common
Council pursuant to the provisions of Ordinance #1296 (Zoning Ordinance of the
City of Rochester prior to Ordinance #1659).
Changes to Plalmed Unit Developments will be processed according to the
regulations'applicable to conditional use permits. The Zoning Administrator shall
determine the conventional zoning district under the Rochester Zoning Ordinance
and Land Development Manual which most closely parallels the former
underlying zoning of the Planned Unit Development at the time of its adoption.
Any subsequent change to a Planned Unit Development shall be evaluated based
on this determination of nndeflying zoning.
The Zoning Administrator may authorize certain minor changes to approved
Planned Unit Developments guided by paragraph 61.148. Any other changes to a
P.U.D. shall be processed through the Type 1II review procedure with the Phase II
hearing process. The apphcable criteria for incentive or restrictive development
shall be use in the evaluation of the proposed change.
60.327
SD Special Districts: Existing Special Districts approved by Ordinance numbers
3443, 3404, 2726, 2516, 2247, 3385, 3468, 3497, 3503, and 3520 are recognized
as separate zoning districts and the plans and procedures established for each
Special District will continue in force. When a Special District Ordinance does
not specify the procedure or criteria to amend an approved site/development plan,
the proposed amendment will be reviewed under Section 61.148. When a Special
District requires a specific site/development plan review process, but does not
specify the criteria by which to review the site/development plan, the
development will be reviewed under Section 61.148. When a Special District
Ordinance requires a two phase review, the development will be reviewed under
Section 61.146 and either Section 62.708 (1) (for preliminary plans) or Section
62.708 (2) (for final plans)
60.328
H Holding Zone: This district is intended to provide a temporary zoning
classification for certain recently annexed (consolidated) lands where the
determination of the permanent zoning classification has not been made by the
City at the time of annexation. This district provides a period of time after
annexation when permanent development or reuse of land is not permitted and
affords the City the opporttmity to establish, according to the procedural
requirements of Section 60.330, the appropriate zoning district for the property.
The Holding Zone district will be established on property if it is determined by
the City that the default designation of R-1 (Mixed Single Family Residential) for
annexed property as regulated on Section 60.350 would be inappropriate because
of the designation of the property on the Rochester Future Land Use Map,
changing conditions applicable to the property or the general area which could
result in modifications to the designation of the,property on the Rochester FutUre
Land Use Map, or the developed character of tli~e area and the established land
uses on the property suggest that the R-Sa, AG, MRD or SD districts would be
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,60 Page 5 of 6
more appropriate zones for the property.
On land in the Holding Zone, no building or structure shall be erected, enlarged or
moved and no change in the use of land or existing buildings or structures shall be
made.
60.329
I Interim Zone: Subdivision 1. Th/s district is intended to provide a zoning
designation on the official zoning map for the City of Rochester that will alert the
general public that the future zoning of selected, undeveloped land will be subject
to change at some time in the future. The Interim Zone provides the owner of the
property the time needed to analyze and organize an official request for
permanent zoning district boundaries according to the procedural requirements of
Section 60.330. The City may establish an Interim Zone district on undeveloped
property at the time of annexation and upon the request of the property owner.
The City will adopt an Interim Zone on property if it is determined that it would
be in the best interest of the public and consistent with the Statement and Purpose
of City of Rochester, Minnesota found in Section 60.111. The Common Council
will review all Interim Zone districts at the same time it reviews urban rural
service disthcts. Upon petition by the landowner, a public hearing will be held
pursuant to Section 60.330, et. seq., and the Council will establish a zoning
classification other than I for the property.
Subd. 2. Except as provided in subdivision 3 of this section, no building or
structure will be enlarged or moved, and no change in the use of land or existing
buildings or structures will be permitted on land in the Interim Zone.
Subd. 3. A building or structure may be enlarged or moved and a change in the
use of land or existing buildings or structures may be made as follows:
Ao
Bo
Co
Do
Any change to an existing building or structure, including maintenance
and minor repair, and any erection of a new building or structure, must be
limited to a total cumulative value over any consecutive five year period
of 15 % of the County Assessor's market value of buildings or $30,000,
whichever is greater. Repairs not requiring a permit under the Uniform
Building Code are allowed without limitation on the value of the work
completed.
The maintenance and minor repair of an existing building or structure not
resulting in an increase in the number of dwelling units or the amount of
floor area of the principal use may be allowed through the Type I review
procedure.
Buildings or structures accessory to residential uses and meeting the
standards of the R-1 Zoning District may be erected on the same parcel of
land occupied or under the same ownership on the effective date that the
property was included in the Interim Zone subject to the issuance of a
zoning certificate by the zoning administrator.
The following modifications to an existing use are allowed subject to
approval through the identified procedure:
The addition or expansion of nonstmcmral off-street parking
facilities to serve an existing use of land in order to relieve on-
street parking or loading pressures caused by the development may
be allowed through the Type II review procedure.
2. The establishment of nuisance abatement measures such as fences,
screening, landscaping, drainage controls or the permanent all
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weather surfacing of yards or parking areas may be allowed
through the Type I review procedure.
The addition of security features such as lighting and temporary
buildings that would reduce security risks to the general area or to
the nonconforming use may be allowed through the Type I review
procedure.
The expansion of an existing residential use subject to the value
limitation in Section 60.329(1) may be permitted using a Type II
review procedure. A proposal where the Comw2ssion or Council
finds significant injurious impact should be denied or approved
with conditions which will mitigate the impact of the proposal. In
acting upon an application for expanding an existing residential
use, the Commission and Council must use the following criteria to
evaluate the impact of the proposed change on the existing
development:
a. Consistency with the Land Use Plan, the character and
history of the use and the character and history of
development in the surrounding area.
b. Adverse impacts that may affect residential uses on the
property or in the vicinity, including traffic noise and
adjacent land use.
c. Other factors related to compatibility with the character or
needs of the area.
Rochester-Olmsted Planning Department
2122 Campus Drive SE, Suite 100
Rochester, MN 55904 (507) 285-8232
http://www.ci.rochester.mn.us/ldm/html/chap60/60320.htm 4/1/2003
City of Mankato Page 1 of 1
EXHIBIT B
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Chapters or Sections matching your query
10. Land Use (Zoning)
10.12. T Transition District.
1. Purpose. The purpose of the T, Transition District, is to provide a temporary
designation for new territory annexed to the City for which no plans or controls have been
adopted. New development and expansion of existing uses are prohibited unless
otherwise provided for below:
2. Special Minimum Requirements.
A. Existing agricultural uses may continue.
B. New development or subdivision of land is prohibited.
C. Additions to animal production and related operations are prohibited.
D. Building permits may only be issued for activities required for structural
maintenance and/or interior remodeling. No additions to existing structures or the
erection of a new structure shall be allowed.
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EXHIBIT C
THE ZONING REPORT
For Plannin§ and Zonin§ Pro[es$ionals
ISSN 0748-0083
VOL. 3, NO. 8 - JULY 22, 1985 - Charles.Reed, AICP, Editor/Publisher - $48/year by subscription
NEW IDEAS ABOUT ANNEXATION PROVISIONS
I N YOUR ZONING ORDINANCE
One of the sections in your zoning ordinance
you probably think least about is that which
deals with annexation.
Hence many legal counsels give cor~ervative
advice to planning-zoning staff about zoning in
annexing areas.
Read this issue of The Zoning Report. We may
give you some new ideas that could stimulate
you thinking. You might want to rewrite your
annexation section.
These revisions could greatly increase the
ability of your community to get much better
development. And your developers and appli-
cants might very well support your revisions in
your public hearings.
But at least have somebody on your staff re-
view the quality and clarity of your present
annexation provisions for zoning. Our review of
these provisions in most zoning ordinances
finds that they are badly written.
State annexation laws
are changing rapidly
State law usually sets out in detail the steps a
community must follow to accomplish annexa-
tion. This detail often delimits what you can
write into your zoning section that deals with
annexation.
Because of tl~is detail, objectors to contro-
versial annexations might find what they be-
lieve are technical errors in your procedures.
These technicalities can create litigation that
eats up the time and effort of your legal staff
and might overturn an annexation in court.
But state annexation laws are changing to the
better. They may give you more leeway in ne-
gotiating pre-annexation agreements with pro-
perty owners of annexing land prior to annexa-
tion, These agreements are called "pre-zoning
agreements".
Without support from your state's laws, you
may be open to charges that your pre-zoning
agreements may be illegal contract zoning.
Contract zoning is where the city Council ,.and
applicant agree to be bound to a rezoning for
a specific period of years. This agreement has
the binding obligations of a contract that fu-
ture city councils cannot change. For pre-zo.~-
lng agreements, the developer obtains zoning
and binds himself to annex, while the city ob-
tains the annexation and binds itself to the
zoning.
Other state law changes allow; simplified me-
thods of hearings and approvals that better
coordinate zoning and annexation. These provi-
sions allow contemporaneous zoning and annex-
ation hearings and approvals by the CPC and
elected board; or. allow joint CPC-elected
board heari ng.s.
Subject to your legal counsel's opinion, sim-
plified procedural changes might imply that it
is OK to work with applicants to determine
future zoning patterns in annexing areas prior
to annexation.
1985 by Charl~ [teed - Mailing Address: Suite 132, 9071 Metcalf, Overland Park, Kansas 66212
THE ZONING REPORT
Page Two ~
Annexation provisions in zoning ordinances
have three basic elements
These are: how the city zones land upon an-
nexation; what procedure is followed to bring
about the zoning as part of the annexation;
and how to time the imposition of zoning upon
annexed areas.
How the city zones land upon annexation can
be described in seven alternative ways in your
zoning ordinance:
-- automatic blanket zone
-- zoning equivalent to former government
-- zoning equivalent to extraterritorial
zoning
-- zoning equivalent to existing land use
-- automatic-unless zoning
-- no zoning; determine after annexation
-- pre-zoning agreements
A single blanket zone automatically imposed on
annexing areas (the first of the seven alterna-
tives) is a temporary holding zone. If newly
annexed land is vacant, then the holding zone
might not be changed for many years. The ex-
pectation is that this land will eventually de-
velop to urban uses and be zoned at the appro-
priate time. If newly annexed land is devel-
oped--(say) to a shopping center, then some-
body very soon will initiate appropriate com-
m er cial zoning.
Usually the blanket zone automatically im-
posed on annexed land is the most restrictive
zone in your zoning ordinance. No hearings or
zoning ~ocedures are required to impose this
zoning. It is automatic as part of the rezoning.
Zoning most equivalent to that of the former
government (the second of the seven alterna-
tives) in annexing areas or to special zones you
have for extraterritorial areas (the third alter-
native) has p~oblems of mi.smatch of equivalent
zones. Mismatch occurs when your zoning ordi-
nance has no close equivalent to any zone of
the former gov~nment cm to your extraterri-
torial zones.
For example, if vacant annexed land was
zoned agricultural with 10-40 acre minimum lot
size in the county, your closest equivalent
zone should be much closer than R-1 Single-
Fami!y (with a minimum lot size of 6000 sq ft).
Most communities solve zoning mismatches by
providing an agricultural zone--or a "non-
urban" zone--in their zoning ordinance to func-
tion as a holding zone for newly annexed va-
cant unplatted land.
You can resolve arguments over zone mis-
matches by providing a table in your zoning
ordinance that matches all county zones with
your equivalent zones.
The least desirable automatic zoning is to
zones most equivalent to existing land use ~-~
the annexing area (the fourth alternative). Un-
less you are forced to this by state law, try to
change this zoning alternative. Reword it to
avoid unwanted zoning by this language in your
zoning ordinance: "The City shall zone all land
in annexed areas generally, but not necessari-
ly exclusively, to existing uses of land in areas
to be annexed, subject to a comprehensive land
use plan (or 'study' if 'plan' is not an accept-
able word in your community) for the area
prior to annexation by the city. Such plan shall
recognize the general pattern and character of
existing land uses in the annexing area, and
shall be adopted by resolution of the city
council after review and recommendation of
the CPC, following public notice and hearing."
"Automatic-unless" zoning provisions (the fifth
alternative) provide that zoning is automatic to
the most restrictive zone in your ordinance
unless other circumstances apply. Circumstan-
ces might include: pre-zoning agreements; zon-
ing of former governments to other than agri-
culture or non-urban, on vacant annexing par-
cels; existing land use less restrictive than
· ~hat is allowed in your automatic zone; or
parcels on which zoning applications are filed
by owners at the time of annexation.
Page Three
THE ZONING REPORT
The sixth alternative for zoning annexed ]and
is to determine zoning after the land is an-
nexed. This alternative removes the arbitrari-
ness of automatic zoning on annexed lands re-
gardless of existing use when annexed.
Under this alternative, land is not zoned and
no permits can be issued. Since time is of the
essence, you must establish new zoning without
delay. Define the timing of new zoning as a
maximum period of days by which the zoning
must be accomplished (usually 90 days) or by
zoning ordinance language that reads "as soon
as practicable."
Consider providing a special annexation tem-
porary zone in your zoning ordinance to carry
out this alternative. This zone is automatically
imposed on all annexed land. It allows no new
development and might not allow private zon-
ing applications until staff prepares and sub-
mits planning studies from which permanent
zoning is enacted. These temporary zones
might be described as: "U" Unzoned, "S" Study
Zone, or "T" Temporary Zone.
Specify in your zoning ordinance that these
studies include existing and future land use
patterns, viewpoints of property owners and
residents of annexed areas, and existing city
plans and policies. The studies must propose
permanent zoning for the annexed area and be
submitted for public consideration within 30 to
180 days upon annexation.
Pre-zoning agreements (the seventh alterna-
tive) enact a pattern of zoning when land is
annexed, negotiated prior to the annexation.
Indeed, the pattern of zoning proposed by the
ically to a holding zone or to your zones clo-
sest to those of the former government. At the
best, your city provides water, sewer, and
streets upon annexation that otherwise pre-
clude the applicant from developing at allwand
your pre-zoning agreement with the applicant
can be negotiated to your satisfaction.
Enact an ordinance authorizing and directing
staf~ to negotiate pre-zoning agreements with
applicants. The authorizing ordinance gives
the rules by which staff can negotiate with
applicants and provides due process and public
notice safeguards for the staff to follow. The
ordinance does not specify what zoning is to
be considered on specific property for any par-
ticular annexation. It specifies that the pre-
zoning agreement process go forward as a mat-
ter of public record--cleanly and openly.
Under the authorizing ordinance, the process
begins with the filing of intent to annex by the
applicant or city. This filing becomes a public
record and initiates the pre-zoning process.
This is bureaucratic but it ties the pre-zomng
process to the general authorizing ordinance.
Otherwise each annexation needs a separate
authorizing ordinance.
The authorizing ordinance puts other munici-
pal departments and public agencies on notice
of the proposed annexation. These agencies can
introduce their needs into the pre-zoning nego-
t iations. These agencies are those that expect
to provide or extend'public services and capi-
tal improvements into the annexed area. They
may want to work out with the applicant the
location, size, capacity and financing of capi-
applicant may be a condition of annexation, tal improvements extended into or through the
Most persons petitioning to annex want to . annexed area within the context of the pro-
develop their land. Unless you are in competi- posed land use that would expect to develop
tion with other nearby cities that can offer an
applicant a better development deal, you have
a position of leverage to trade with applicants
to meet your city's zoning preferences. At the
worst, your city can decline a development
agreement, with the land being zoned automat-
under the proposed zoning. If such capital im-
provements are oversized beyond the needs of
the proposed development, financing of the
oversize facilities and terms for purchase of
property reserved for future public develop-
ment would be worked out with the applicant.
July 22~ 1985 Issue
THE ZONING REPORT
Page Four
The authorizing ordinance does not bind the
CPC and city council to any specific pre-zon-
ing agreement. The elected board can accept
any agreement as it wishes. But the ordinance
declares its intent for the city to work out its
differences with annexing applicants to accom-
plish the annexation, zoning and actual land
development.
Your overlay zones for environmentally sensi-
tire areas should be automatic in all cases.
These overlays take effect on the effective
date of annexation. They include: flood hazard
areas, hillsides, wetlands, acquifer recharge
areas, coastal and beach areas. Properties of
historic and architectural importance should be
protected at soon as possible.
If you cannot enact such overlays without
going through the full zoning amendment pro-
cess, you should seek a resolution (not an ordi-
nance) of city council as companion bill to the
annexation o~dinance. The resolution immedi-
ately puts all mapped sensitive areas on record
as a guide for all city departments if a rush of
building and other permits (water tap, sewer
permits, curb-cut permits, tree removal per-
mits) occurs right after annexation. With the
resolution on the books, then file for the full
amendment process.
Zoning procedure
in annexed areas
If your zoning ordinance does not automatically
zone annexing areas, the procedure for zoning
annexed areas is the same as for any other
map rezoning amendment. But, many zoning
ordinances have special simplified zoning pro-
cedures that coordinate with the act of annex-
ation.
Determine who applies to zone newly annexed
1 and. Certainly tile applicant will if the annex-
ation consists of his vacant parcel in path of
urban growth. But if an annexation consists of
a mixture of uses and many ownerships, the
city is the most likely zoning applicant "on its
own motion". But this obligates the city to
draw zone boundary lines and create noncon-
forming uses.
Who applies first--the applicant or the city?
You should allow the applicant to apply for
zoning at any time. If applicants have not
come forward to apply for rezoning, the city
after (say) 60 to 90 days after the effective
date of annexation would have the option to
make the application. Most likely the city
would opt only to zone land already developed.
For timing of zoning upon annexation, formal
filing of an application to rezone annexed land
starts at some point after formal filing (of re-
cord) of the annexation. Initiate zoning appli-
cations at the earliest possible moment after
initiation of record of the annexation.
If a pre-zoning agreement was concluded
prior to annexation, then zoning under that
agreement would be initiated. Some communi-
ties come as close as they can to pre-zoning
by writing language into their zoning ordinance
that allows a joint hearing on the zoning and
the annexation; some ordinances allow a joint
hearing by the CPC and city council on both
zoning and annexation. But the actual agenda/
docket order of vote always has the annexation
first after the joint hearing concludes.
List the guides in your zoning ordinance the
city must consider in filing zoning on annexed
land. These guides rationalize the proposed
zoning, if the zoning is consistent with your
guides. The guides include your comprehensive
plan; land use plan; policies for development of
environmentally sensitive areas; annexation
policies applicable to all annexations; transpor-
tation plan; and long-range water, sewer and
storm drainage plans.
If you are'precluded from making pre-zoning
agreements, perhaps you legally can prepare
comprehensive plans for annexing areas. As
part of your long-range planning p~ocess you
can meet with property owners and others in
annexing areas to negotiate development poli-
cies for the area. 'From these policies, hopeful-
ly zoning would fall into place.
J.u]y 22, 1985 Issue
Page Five
THE ZONING REPORT
Other zoning considerations
Note the difference between zoning of annexed
territory and new land. New land is created
from water-covered areas that were unzoned,
was not owned privately, or was property own-
ed in common. New land includes drained lakes
and swamps, shifted courses of rivers, additions
to the bulk-head line in harbors and rivers, and
extensions of shorelines by (say) new ham-
mocks, mangroves, and sandbars occurring in
previously offshore areas.
Most communities need no special language in
their zoning ordinance to cover the rare occur-
rences of creation of new land. Otherwise, you
should add references to the creation of new
land in appropriate places in the annexation
section of your zoning ordinance.
Require simultaneous annexation to other gov-
ernmental districts when applicants file for
annexation to your city. Identify these govern-
mental districts by name, such as: "Petitioners
for annexation to the City of XXX shall, at
the same time, also petition for annexation to
the MMM Park District, HHH Library District,
and PPP School District."
You might insist that petitions to other dis-
tricts be bona fide petitions. This is important
if applicants want your city's water and sewer
but don't particularly want to be in your city's
school district (or pay park and recreation pro-
perty tax levies). This could be very important
if annexation to your city but not to your
school district could be challenged and over-
turned legally by avoiding being part of a city-
wide integration plan for your city's school
district, for its minority population.
Address special use permits and variances
granted by the former government in annexing
areas prior to your annexation. Are these per-
mits and variances valid in your municipality?
Perhaps your city council would pass a reso-
lution declaring, as public policy of the city,
that the city will attempt to accommodate all
county special permits and variances in good
faith. But this resolution would allow your lc-
gal counsel to examine each one individually
for reasonable conformance to the legal con-
text in which your community operates.
For example, your legal counsel recommends
to the city council that it not accept a county
variance upon annexation of a parcel. Your
counsel rules the county variance clearly is not
based on zoning hardship acceptable to your
community. The owner must resubmit his vari-
ance request and have it heard by your BZA
under your community's concept of hardship.
Or your counsel recommends a special use
permit be cancelled upon annexation. It was
granted years ago by the former government
but development never occurred.
Require environmental evaluation of proposed
annexations. The annexation provisions in your
zoning ordinance would state that staff will
initiate environmental assessments of develop-
ment proposed in annexations. This includes
proposed extensions of capital facilities and
services by the.city and other agencies after
the annexation is completed, even if the pri-
vate sector has not yet proposed development.
Proposals of comprehensive plans and develop-
ment policies for annexing areas are also sub-
ject to environmental review. Proposed site
plans and plats need also be reviewed.
The annexation could proceed upon a nega-
tive declaration in the initial environmental
study or after develQpers and agencies extend-
lng facilities into the annexing area agree to
resolve adverse impacts.
Remember to keep annexation regulations sepa-
rate from annexation policies. You follow your
city's policies in carrying out annexation. But'
the annexation language in your zoning ordi-
nance only describes the structure and proce-
dures to accomplish zoning in annexed areas.
Your zoning ordinance can cite these policies~.
as one of the guides (along with your compre-
hensive plan) to be consulted to establish zon-
ing. The policies, then, since they are cited in
your zoning ordinance, should be a public re-
cord as an enacted resolution (preferably) or
ordinance.
July 22, 1985 Issue
TI~E ZONING REPORT
Page Six
Add annexation requirements' to your subdivi-
sion regulations. For subdivisions being platted,
consider freezing final plats, minor plats, par-
titions, and lot splits in process at the time of
annexation. The freeze extends to plat appro-
val, acceptance of dedications, and plat re-
cordings. Lift the freeze when your elected
board annexes the land being platted. But you
should allow routine plats to advance through
the hearing stages as a companion to the an-
nexation ordinance--if the zoning also is a
companion ordinance.
Also require preliminary plats previously ap-
proved by the former government to be routed
to your plats committee or to the CPC for
their review and approval. These plats may be
in various stages of construction, so you must
interpret procedural rules of your subdivision
regulations to work out the best compromise
between developer and the city. If no con-
struction is started, then apolicant must submit
duplicate copies of the plat as required by
your SD regulations. He must also go through
your environmental evaluation process (unless a
negative declaration by the former government
is acceptable to you). Sketch plats and plans
you approve--and not those approved by the
former government--can proceed with pre-zon-
ing p~oposals.
Subdivision construction and design standards
and performance bonds, previously approved by
the former government, must be revised to
your community's standards. The extent of
these revisions is subject to hardship based on
the amount of actual construction completed in
the subdivision. Until these changes are made,
preliminary plats would not be approved by
your plats committee or CPC.
Your building, zoning and enginering inspec-
tors should inspect construction sites immedi-
ately upon filing of annexation. At once, they
should warn applicants'and developers of wide
deviance from your standards of work under
way that might need to be corrected after
annexation. On the effective date of annexa-
tion, that very day, they might need to issue
stop orders for such work--until standards are
approved by your city officials.
Sample text
We divide the sample text into four parts: (1),
Automatic zoning upon annexation; (2), zoning
of new land; (3), zoning procedures for annexa-
tion; and (4), pre-zoning agreements.
Automatic zoning upon annexation
"Any area annexed to the City after the effec-
tive date of this ordinance shall automatically
be placed in the "R-I" Single Family Residen-
tial District, and shall remain in said District
until the Land Use Zoning Plan for the area
has bee adopted by the Commission and Coun-
cil, unless the Commission. and Council deter-
mine the precise zoning as a part of the an-
nexation p~ocedure. The Commission shall re-
commend to the Council appropriate districting
of the land within 90 days after an application
for change has been filed with the Commis-
sion.'' (Redlands CA)
"(1) In order to afford zoning protection to
newly annexed areas prior to the time a com-
prehensive zoning plan is adopted, interim zon-
ing shall be established as provided in this sec-
tion. The provisions of sections 9.668 to 9.686
as regarding amendments to this ordinance
shall not apply to action authorized by this
section. However, the commission shall proceed
promptly to recommend a comprehensive zoning
plan for the newly annexed area.
"(2) Interim zoning shall be established as fol-
lows: (a) An area annexed to the city which is
not zoned shall be automatically classified RA
Suburban District.
July 22, 1985 !ssue
Page Seven
THE ZONING REPORT
"(b) Zoning regulations, applicable to an
area annexed to the city which at the time of
annexation has county zoning in effect, shall
continue to apply, along with any conditions,
limitations or restrictions applied by the coun-
ty, in accordance with (cited sections of state
laws) un]ess, at the time of annexation or at a
subsequent time, the council replaces the coun-
ty zoning."
(Eugene OR)
"In the event that . . territory is annexed
into the corporate boundaries of the City:
"(A) The annexed territory, if developed,
shall be classified with the same zoning classi-
fication that was in effect on said pcoperty
prior to annexation or the nearest comparable
classification.
"(B) If the property annexed is undeveloped
but is classified for development other than
residential uses or for residential uses permit-
ting more than 6 du/a'cre, it shall be classified
with the same zoning classification that was in
effect on said property prior to annexation or
the nearest comparable classification: or the
Board of Commissioners may, as a condition of
the annexation, change the classification to a
more restrictive classification.
"(C) If the property is vacant and classified
for residential uses permitting no more than 2
alu/acre, it shall be classified as Non-Urban
(N-U) until, such time as a proper urban classi-
fication is determined, at which time it may be
reclassified under the procedures set forth in
Chapter 19.92 (amendments and reclassifica-
tion), unless the owner proposes to develop the
property for residential purposes on the basis
of no more than 2 units per acre.
"(D) If the property to be annexed is partial-
ly developed, the proper above-described clas-
sification shall apply separately or collectively
to the undeveloped portions and the developed
portions."
(Las Vegas NV)
"Temporary designation, proceeding to give
permanent designation: A]I territory annexed to
the City hereafter shall be temporarily desig-
nated as R-S, Single Family Dwelling District,
until permanently zoned by the City Council.
The Planning Commission shall, as so~n as
practicable after annexation of any territory
to the City, institute proceedings on its own
motion to give the newly annexed territory a
permanent zoning classification, and the proce-
dure to be followed shall be the same as is
provided by ]aw for the adoption of original
zoning regulatio ns~"
"Building Permits: In an annexed area tempo-
rarily classified as R-S, Single Family Dwelling
District, no permit for the constrUction of a
building other than those permitted in an R-S
District shall be issued by the Building Official
unless such permit has been specifically au-
thorized by the City Council. Permits for the
construction of buildings in newly annexed
areas pcior to permanent zoning may be au-
thorized by the City Council under the follow-
lng conditions: An application for any use shall
be made to the Building Officia] in accordance
with the provisions of the building code, and if
such application is for a building other than
one permitted in an R-S District, it shall be
referred by the Building Official to the Plan-
ning Commission for consideration and recom-
mendation to the City Council. When such a
recommendation is filed with the City Council,
it shall be advisory only, and the City Council
may grant or deny the application as the facts
may justify." (Beaumont TX)
Zoning of new land
"Submerged land heretofore reclaimed or which
may be reclaimed hereafter, and land hereto-
fore annexed or which may be annexed to the
Village of Mundelein hereafter, and which is
not shown on the Zoning Map made a part of
this (zoning) ordinance, shall be classified in
the most restrictive residential district until
such time as the Village Board of Trustees de-
signates the permitted use of the land in ac-
cordance with the provisions of this (zoning)
Ordinance." (Mundelein IL)
THE ZONING REPORT
Page Eight
Zoning procedures for annexation
"All territory which may be hereafter annexed
to the Town of Lowell, shall automatically,
upon annexation, acquire the classification of
"A" unless otherwise requested by the petition-
er, and the petitioner shall file in addition a
petition for rezoning as set forth in (the zon-
ing amendment section). Both pe'tition for an-
nexation and application for rezoning may be
considered simultaneously. However, a final
resolution for rezoning shall not be approved
until the annexation has been approved."
(Lowell IN)
"The City Planning and Zoning Commission of
the city shall not approve any final plat of any
subdivision within any area where a petition or
ordinance for annexation to the city is pending
before the City Commission.
."In the event the City Planning and Zoning
Commission holds a hearing on proposed annex-
ation, it may, at its discretion, at the same
time hold a hearing upon the permanent zoning
that is to be given to the area or tract to be
annexed, and make a recommendation on both
matters to the City Commission so that the
City Commission can, if it desires, act on the
matter of permanent zoning and annexation at
the same time." (Lufkin TX)
Pre-zoning agreements
"PREZONING OF LAND OUTSIDE CITY LIMITS.
Pursuant to the applicable provisions set forth
in Section 9000 through 9999, inclusive (amend-
ments), territory outside the City limits may be
placed in appropriate zones, may be included
on development control maps, or facilities
thereon may be designated landmarks and land-
mark sites, and proposed planned unit develop-
ments c~ uses may be considered and action
taken thereon. The zoning provisions and re-
quirements so established shall become applica-
ble at the same time that the annexation of
such territory becomes effective."
(Oakland CA)
"A. Any area hereafter annexed to the village
shall upon such annexation be automatically
zoned R-l, being defined as the highest re-
stricted use zone within this (zoning) ordi-
nance, unless said property has been otherwise
zoned after preannexation zoning hearing as
provided in paragraph B below.
"B. Any property owner desiring annexation
to the Village of Carol Stream contingent upon
obtaining a zoning classification other than the
R-1 and/or a special use permit shall submit an
annexation petition to the village board condi-
tioning such annexation on obtaining the stipu-
lated zoning change and/or the special use per-
mit. Upon payment of the required fee by the
property owner, the village board shall refer
the petition to the plan commission for public
hearing. Thereafter, the same procedure shall
be followed as in other hearings requesting a
change in zoning districts or the granting of a
special use permit. If the village board does
not approve the stipulated zoning change and/
or special use permit or does not agree to exe-
cute an .annexation agreement with the owner
then th~ owner may withdraw the petition to
annex, but shali not receive a refund of any
fees paid to the village." (Carol Stream IL)
I N THE NEXT TWO ISSUES
In August we provide you, at last, with a com-
prehensive index to all 29 previous issues of
The Zoning Report. In September, we discuss
dogs and kennels in residential zones.
We make every effort to present accurate in-
formation and sound opinion in this report.
However, we do not guarantee results, accu-
racy, or assume liability for errors, omissions,
or for information you may act upon. This pub-
lication does not purport to be engaged in the
practice of law or give legal advice, but is the
opinion of the editor and publisher solely as a
professional urban planner.
.July 22, 1985 Issue
EXHIBIT D
THE ZONING REPORT
For Planning and Zoning Professionals
ISSN 0748-0083
VOL 8, NO 12 -- OCT 19, 1990 -- Charles Reed, AICP, Editor/Publisher -- $48/year/subscription
CREATING FURTIRE GROa'I~ RESERVE AND HOLDING ZONES
All communities have holding zones. Munici-
palities either assign a temporary zone to new-
ly annexed land or to their least intensive
zone, or assign zones closest to the zoning on
lands prior to annexation from the unincorpor-
ated jurisdiction. Counties and unincorporated
townships may have growth reserve zones, joint
agreements with municipalities to control fu-
ture growth, or extraterritorial review areas
abutting municipalities.
Big changes coming your way might
dramatically increase your use of holding zones
Some state legislatures are enacting statutes
that require capital facilities to be built or in
place at the time of development. These stat-
utes are called concurrency laws. They are
imposed on all local jurisdictions including
counties and townships. Capital facilities in-
clude roads, sewers, waterlines, storm, drain-
age, and perhaps fire, police, library facilities,
parks and schools. If these concurrency laws
are enacted in more than one or two states in
the next few years and are upheld by state
courts, we anticipate that many other states
will follow them, especially in high-growth re-
gions.
Regulations imposed by state planning agen-
cies to implement concurrency laws probably
will require most local governments to dras-
tically change how they do planning and zoning
in fringe areas, especially smaller communities
and counties.
As of January 1st, 1991, our subscription
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send us your purchase order or payment --
cite "90-1991" as our statement/invoice
number (dated Oct 19, 1990) to your fi-
nance office or request an invoice from
us before January 1st.
This is our first increase since we start-
ed publishing The Zoning Report in 1983
-- due to the whopping postal increase of
Feb 11, 1991, and other Costs that have
crept upward over the past eight years.
Based on experience to date, these concur-
rency laws will impose seven actions on all
local governments:
--- (1), require preparation and adoption of a
detailed community-wide comprehensive plan,
that must be kept current, to be approved by
your RPC or COG and by the state planning
agency;
--- (2), require a community-wide capital fa-
cilities plan tied to the comprehensive pian;
~'~ 1990 by Charles Reed
1404 N. State Road 7, Suite 269; Margate, Florida 33063
-- Mailing address: PO Box 6529; Margate, Florida 33063 --
ZONING REPORT
Page Two
--- (3), require the delineation of the levels
of service for all capital facilities~ whose ca-
pacity and design are consistent with land-use
density/intensity set forth in the comprehen-
sive plan, including any upgrading of existing
facilities;
--- (4)~ require local levels of service to be
formulated in coordination with abutting and
overlapping jurisdictions, such as the state
highway department and between the county,
municipalities, and special districts such as the
school board;
--- (5), require a realistic detailed financing
plan for the installation of the capital facili-
ties;
--- (6), require the construction of these fa-
cilities before or during construction of devel-
opment projectsi and
--- (7), allow localities to impose impact fees
and exactions on developers for the public fa-
cilities, including their share of central treat-
ment plants, public waste disposal and water
supply facilities, as part of the capital facili-
ties financing plan.
But, presently, holding zones in zoning codes
contain few development regulations
For most communities, the zone purposes sec-
tion is the only provision in their holding zone
that provides any type of regulation of devel-
opment in fringe areas.
Thereby, in lieu of any impending concurren-
cy statutes proposed for your state, we suggest
that you carefully edit and write this section:
take these purposes seriously. They provide the
strongest rationale in your development codes
to carry out orderly development of your urban
fringe areas.
Purposes listed in holding zones include:
--- protect open-space and agricultural uses
from the adverse consequences of urban devel-
opment;
--- avoid premature development of land,
where the complete range of urban services at
full municipal service ]evels is not expected to
be provided for an indefinite future time for
new urban uses;
--- avoid uneconomic and inefficient provi-
sion of public facilities and services that serve
one or few scattered urban projects located
large distances from municipal systems--even
if the developer pays to extend these facili-
ties;
--- concentrate urban growth into a compact
pattern, to reduce urban sprawl that establish-
es an unwanted framework for creating an un-
desirable pattern of urban land usage through-
out the holding area; and
--- provide for the. orderly expansion of ur-
ban land usage that conforms to the genera]
goals of zoning stated in an early chapter in
your zoning code and to the policies, objec-
tives and planning principles stated (hopefully)
in .your comprehensive plan.
Holding zones often require proposed develop-
ment to accord with an adopted plan--either
the long-range community-wide plan, a plan for
the area or a plan set forth in pre-annexation
agreements for the holding area.
But most communities do not have plans for
holding zones. If there are plans, often they
are out-of-date, too generalized or their vari-
ous sections are inconsistent with one another
to serve seriously as effective land develop-
ment guides in vacant outlying fringe areas.
Lacking such plans, many communities make
the mistake of confusing development on sites
with what should occur for the area. Develop-
ment 'of any site in holding zones must be al-
lowed at the outset at the full urban intensity
ultimately expected in a decade or two in the
area or in accord with a comprehensive plan.
Instead, many communities erroneously approve
the first projects at very low densities scatter-
ed throughout vacant holding areas under the
mistaken rationale that low density/intensity is.
compatible with surrounding rural uses. How-
ever, development at low density/intensity on a
site rarely evolves to a higher intensity, ex-
cept perhaps where it is planned by phases as
shown on the development plan for the entire
development tract. Because of these erroneous
')ctober 19, 1990 issue
Page Three
THE ZONING REPORq
assumptions, later urban development is invari-
ably approved at higher and higher density/
intensity. These later projects fill in the hold-
ing area in a helter-skelter pattern of scatter-
ed urban density/intensity. The attempt at
meaningful orderly layout of land use through-
out the holding area is eroded or lost.
As a policy, most communities grant legal stat-
us to existing land uses in holding zones upon
annexation. These uses are rezoned to the
· nearest equivalent municipal zone district.
But we suggest that a provision be added to
your holding zone requiring that the zoning
status be ascertained for each ..existing use and
structure in the holding area as of the effec-
tive date of annexation. Such uses and struc-
tures are legal or legal/illegal nonconforming
according to the prior zoning of the unincor-
porated jurisdiction and your proposed zoning
of the holding area. This requires a field sur-
vey to determine their actual and intended
designed usage (e.g., a vacant storefront on a
single-family dwelling). Owners are notified of
the determination by certified mail, return re-
ceipt requested, by the zoning/building admini-
strator, with right of appeal to the BZA or
hearing examiner.
A few communities require that all building
permits be approved by the elected board in
holding zones in a procedure the same as re-
quired to obtain a rezoning. The stringency of
this requirement recognizes that, in large va-
cant rural areas, permit approval might be tan-
tamount to a rezoning for the intended use of
a building surrounded by rural vacant land. Any
type of construction activity requiring a per-
mit--demolition, new construction, expansion of
a structure or remodeling of existing build-
ings--must follow this approval procedure.
A few holding zones require construction
on-going at the effective date of annexation
be reapplied for. The provision allows the an-
nexing municipality to review permits that had
been approved by the unincorporated jurisdic-
tion just prior to annexation, for which little
or no construction has been started.
Current standards for holding zones
If developers install their own capital facili-
ties___, some holding zones allow any property
owner to seek rezoning at any time. Developers
must provide roads, sewers, waterlines and
storm drainage. A temporary package treat-
ment sewage plant and water source for these
outlying uses and projects are allowed. Devel-
opers (or successor home owner's association or
succeeding purchasers) must agree to connect,
at their expense, to public systems as soon as
they are available and give up use of the pack-
age sewage treatment and water supply plants.
The developer's capital facilities must meet
the design and capacity specifications of muni-
cipal facilities. The holding zone regulations of
unincorporated jurisdictions often require that
these capital facilities meet the specifications
of municipalities abutting the holding zone
even if the project will continue to be located
in the unincorporated jurisdiction.
Capita] facilities required by the developer's
project often must provide excess capacity, to
serve his project. This excess is imposed by
public agencies to accommodate future devel-
opment in the holding zone that will use these
facilities.
Some communities require that, in holding
zones, the minimum size of lots be larger if
served by septic systems than lots served by
sewers. These larger lot sizes, whose minimum
lot area is stipulated by your zoning code in
holding zones, are subject to any larger lot
size recommended or required by a local health
department. Your holding zone should require a
prior sign-off by the health department when
seeking development permits from the building-
zoning official for projects proposing septic
treatment. Soil tests requested or needed by~
the health department should be required from
or paid by the developer.
In most holding zones, few by-right uses and
many conditional uses are allowed. As with
building permits, the intent is to constrain the
type of development allowed in holding zones.
October 19, 1990 ~ssue
THE ZONING REPORT
Page Four
The few by-right uses allowed create little
impact on future development patterns in the
holding area. These uses might be non-commer-
cial open-space uses, farms and individual sin-
gle-family dwellings on large lots or tracts, not
in subdivisions. These uses are approved admin-
istratively like any other by-right use, general-
ly not needing review of building permits by
the elected board. If the holding zone is an
agricultural zone, the only use allowed by right
may be bona fide farms.
The extensive list of conditional uses in-
cludes major public uses and many commercial
uses that tend to locate in the fringe parts of
urban areas. Their greater potential adverse
impact on future urban development patterns
can be alleviated by a site plan submitted for
elected board approval. Your holding zone reg-
ulations should require that this site design be
compatible with anticipated future land uses
and accommodate public facilities as shown in
an adopted plan--a comprehensive plan, area
plan or pre-annexation land use plan.
There are no special standards for zone yards1
height, lot size and width in holding zones.
But some codes require special extra-deep
setbacks and access controls for development
located on numbered state and federal high-
ways, county roads and, for townships, all
township roads. Setbacks are 75-150 ft from
the centerline of future planned roads, not the
current road unless there is no plan for the
road abutting the development tract. The extra
width of setback accounts for future rebuilding
of two-lane rural roads on narrow ROW to
multi-lane urban arterial streets on wider
ROW.
Determining setbacks and highway access to
gain approval of building permits requires re-
view of three items as they relate to streets
abutting or near the the applicant's site: the
future planned functional classification of
these streets; the location of street center-
lines; and their ROW width and possible cross-
section. These three items might deviate for
proposed intersections for ROW flares for
turning lanes and ramps. The centerlines may
need to be surveyed and established (or jour-
nalized) by a public engineer.
Building permits in holding zones submitted
to the building/zoning official should have a
sign-off by the public engineer for these three
items. Often, projects are proposed along rural
state and federal highways for which long-term
rebuilding plans are in the early approval and
planning stages of the district state highway
office. If not shown on the official map or the
transportation plan adopted by the community
or the MPO, a letter should be sent from the
district engineer to the public engineer clarify-
ing future plans relative to the applicant's
site, if known. A copy of this letter initialed
by the public engineer should be submitted by
the developer with the building permit applica-
tion.
There are three types
of holding/future growth zones
Future growth reserve zones are vacant areas
that are quite large, located on the edge of
cities and metropolitan areas. The intent of
growth reserve zones is to preserve vacant
areas from urban development for many years
into the future, in contrast to holding zones,
which tend to be more near-term in preserving
fringe areas. Because of the long time horizon,
growth reserve zones are quite large, perhaps
encompassing much of the outer fringe area
circling urban areas. Future growth reserve
zones might be established in the county or
townships for incipient growth areas abutting
municipalities, which, in turn, dovetail with
holding zones of the abutting municipalities to
control growth in annexed areas.
Accordingly, future growth reserve zones
often are the product of joint agreements be-
tween unincorporated counties and townships
and annexing municipalities. The intent of joint
agreements is to avoid competition among jur-
isdictions as highest bidder for future develop-
ment and to avoid being played off from one
another by developers bidding to negotiate the
best deal among competing jurisdictions.
October 19, 1990 issue
OPage Five
THE ZONING REPORT
Allowable usage in the zone is limited to
exclusive farming and forestry. Single-family
development is not allowed on individual par-
cels less than 40-80 acres in size.
All land divisions and sa]es are reviewed by
the planning-zoning office prior to being re-
corded. This interposes public officials in the
division process to catch divisions and sales
attempting to evade subdivision regulations or
minimum lot size zoning requirements, and to
notify the public tax official to recapture tax
revenue for agricultural uses having special
long-term reduced taxes that are abrogated by
divisions that may lose the tax exemption.
Access and driveway permits are granted by
the county or municipal engineer only under
the terms of the allowable zoning or joint
agreement terms.
Holding zones are established by most munici-
palities for newly annexed areas and perhaps
by a few unincorporated townships and coun-
ties abutting municipalities. The intent of such
zones is to keep the area from being developed
until plans have been adopted and municipa!
capital facilities extended into the area.
Holding zones tend to have a shorter time
horizon than growth reserve zones in protect-
ing vacant fringe areas from development, per-
haps 1-5 years to a maximum of 10 years. An-
nexation initiated by the developer or property
owner presumes that development will occur
soon. Or, if the municipality forces the anne×-
ation, it should be ready to extend capital fa-
cilities soon.
The holding zones in most communities are
de-facto~ as the least intense zone district
classification in the zoning code. Invariably,
this zone is the A-1 agricultural or R-1 single-
family residential district. Most zoning codes
classify annexed areas to this zone district ei-
ther automatically or as a companion ordinance
to the annexation ordinance. The companion
ordinance might exclude major existing urban
uses and vacant areas that had been recently
rezoned for bona-fide development prior to
annexation. These areas are rezoned to the
closest equivalent munici, pal zones.
Interim or study zones, the third type of hold-
ing zone, have an even shorter time horizon
than holding zones. Typically, they prohibit
new development for only 6 to 18 months. Dur-
ing this time period, planning and zoning stu-
dies of the holding zone area must be actively
pursued and submitted to the CPC and elected
board for adoption near the end of the tempo-
rary time period. But there is no guarantee
that, once the study period expires, the area
will be rezoned for development: it might be
reclassified as a longer-term holding zone, not
yet ready for development for some future
ti me.
There is a trend away from interim zones,
given recent federal court decisions cautioning
that such zoning could be an unreasonable mor-
atorium on development. The moratorium could
create a loss of the opportunity to develop,
albeit temporary. This might be construed as a
short-term taking, requiring compensation by
the municipality to the developer for the ta-
king.
Sample text
We divide the sample text into three parts: (1),
purposes of holding and growth reserve zones;
(2), characteristics for holding zones; and (3),
county zoning of rural areas to future city
zoning according to joint agreements.
Purposes of holding and growth reserve zones
"Urban/Rural Transitional R-1 Zone:
"Purpose. This District is established in areas
within the County for the purpose of allowing
limited urban growth. The major purpose of
this District is to provide areas within the
county where .urban development can take
place and where urban services can be readily
extended and provided. This district may be
allowed adjacent to cities where sanitary sew- ~
er and other services are available and for ri-
parian shoreline lots on suitable lakes."
Wright Co, Buffalo MN
October 19, 1~90 issue
THE ZONING REPORT
Page Six
"Interim Development Zone (ID).
"Intent. This zone is intended to provide for
areas of managed growth in which agricultural
and other non-urban uses of land may continue,
until such time as the City is able to provide
municipal services and urban development can
take place. Upon provision of municipal ser-
vices, the City will and the property owner
may initiate rezoning of property to uses con-
sistent with the Comprehensive Plan..."
[Iowa City IAI
"[Study or] Interim zone district or "U" District.
"Purpose. The purpose of this interim zone
district is to provide for temporary uses of
recently annexed property, without permitting
the erection of structures, during the period
that the appropriate permanent zoning is being
studied by the CPC and citY council.
"Agricultural district or "A" District.
"Purpose,. To preserve lands best suited for
agricultural use from the encrdachment of in-
compatible uses, and to preserve in agricultural
use land suited to eventual development in oth-
er uses, pending proper timing for the economi-
cal provision of utilities, major streets and
other facilities, so that compact, orderly de-
velopment will occur." [Mountain View CA]
"UR - Urban Reserve District.
"Specific Purposes. In addition to the general
that is non-comprehensive in nature, and is
detrimental to the economic viability of the
county. Said districts shall allow for (a) the
continuance of existing uses in areas where
increased development s.hould be deferred, (b)
areas which are essentially rural in character,
and (c) areas which, although designated for
development in the genera] development plan,
lack the essential public services for compre-
hensive development and are in need of more
detailed study."
[Anne Arundel Co, Annapolis MD]
Characteristics and standards
for holding zones
"Building Regulations. No structure shall be
erected upon any property having an interim
(U) classification." [Mountain View CA]
"In an area temporarily classified as "FD", Fu-
ture Development District:
[No building continued to be built ~when annex-
ed]: "1. No person shall erect, construct or pro-
ceed or continue with the erection or con-
struction of any building or structure or add to
any building or structure or cause the same to
be done in any newly annexed territory to the
City of Odessa without first applying for and
obtaining a Building Permit or Certificate of
purposes [of the zoning code], the specific put- Occupancy therefor from the Building Official
poses of the UR District are to:
"A. Provide a suitable classification for limited
service areas, as designated on the Comprehen-
sive Plan.
"B. Avoid premature or inappropriate develop-
ment that cannot be provided with utility ser-
vice.
"C. Permit only low-density development until
such time that utility services and community
services can be provided." [Henderson NV]
"DD -- Deferred Development Districts.
"In general. Deferred development districts
shall allow for orderly development in accord-
ance with the general development plan by
preventing premature piecemeal development
or the City Council as may be required herein.
[Building permit required for uses allowed in
FD Zone]: "2. No permit for the construction of
a building or use of land shall be issued by the
Building Official other than a permit which
will allow the construction of a building per-
mitted in the "FD", Future Development Dis-
trict . . .
[Other uses approved by elected board usin~
comprehensive plan as a guide]:
"3. An application for a permit for any use
other than a use permitted in the "FD", Future
Development District, shall be made to the
Building Officia! of the City of Odessa and by
him referred to the CPC for consideration and
recommendation to the City Council. The CPC
October !9, 1990 issue
oPage Seven
THE ZONING REPORT
in making its recommendation to the City
Council concerning any such permit shall take
into consideration the appropriate land use for
the area and the Comprehensive Land Use Plan
for the City of Odessa. The City Council after
receiving and. reviewing the recommendations
of the CPC may, by majority vote, authorize
the issuance of a Building Permit or Certifi-
cate of Occupancy or may disapprove the ap-
plication.
[Site plan and other data may be required]:
"4. The CPC and the City Council, in making
their respective determinations concerning a
Building Permit applied for, may request such
operating information and development plans
from the applicant as may be required to as-
certain the proper land use category and zon-
ing district for the use." [Odessa TX]
[Permanent rezoning of holding area shall be
.comprehensive]: "In considering the rezoning of
deferred [development] districts, the entire area
shall be considered in light of a proposed or
adopted detailed development plan. The pro-
posed zoning shall be comprehensive and in
accordance with the recommendations of said
plan." [Anne Arundel Co, Annapolis MD]
[Rezoning of ho]ding zone allowed when utility
services provided]: "The UR Urban Reserve Dis-
trict only shall apply to land where the City
has limited ability to provide urban services
and facilities. When a property owner can dem-
onstrate that utility services can be extended
to a development site in accord with a financ-
ing plan acceptable to the City, the City shall
rezone such land to another base district in
accord with the provisions of [this zoning
code]." [Henderson NV]
[Holding area is zoned according to a pre-zon-
establish an expansion of consistent land use
pattern that shall prevail; if and when areas
contained within such expanded plans annex to
the city. For that purpose precise prezoning
maps may be developed and adopted in the
same manner prescribed by this ordinance for
the classification of property within the city,
including procedures for and concurrent consid-
eration of conditional use permits and specific
pla ns.
"SEC. 10306. 1. If a precise prezoning map
has been adopted for the subject area, then
such annexed or incorporated properties con-
tained therein shall be .classified as indicated
thereon upon becoming part of the City...
[Otherwise, citywide comprehensive plan used
as a guide to rezone annexed areas]: "2. If a
precise prezoning map has not bee}t adopted
for an area subject to annexation, then said
area shall acquire the zoning classification
most nearly compatible with the Land Use
Classification of the Genera] Plan . . Such
zoning classification shall become effective at
the time the annexation becomes effective and
shall remain in effect until such lime that a
precise zoning plan has been adopted for the
subject properties . . ."
"[If no prezoning or comprehensive plans,
then automatically zoned A-l]: 3. In those in-
stances where a property or properties subject
to annexation or incorporation is not subject to
a precise prezoning map and there is no Gener-
al Plan Land Use Classification applicable to
the subject area it shall become subject to the
A-1 Zoning Classification upon the effective
date of annexation..." [Vista CA]
County zoning of rural areas to future
city zoning according~ to joint agreement
lng plan]: "SEC. 10305. Prezoning of properties "Intent to rezone procedure: If the [County~
outside the city. State Law [cited] [man- elected board] determines that the public inter-
dates] that cities shah preplan areas contiguous est would be served by the [proposed rezoning]
thereto if, in the opinion of the city, such recommended by the CPC, it may adopt a
areas bear a relationship to this planning. In "Resolution of Intent to Rezone" for the pro-
recognition of . . the possibility of annexa- perties involved. This reso}ution shall include
tion of adjoining lands, the city undertakes to conditions which the Board feels necessary to
October 19, 1990 Issue
THE ZONING REPORT
Page Eight
require as a prerequisite to final action on the
application. Fulfillment by the applicant of the
stipulations contained in the resolution shall
make such a resolution a binding commitment
on the [county elected board]. Upon compli-
ance by the applicant, the [county elected
board] shall effect the map amendment change
in accordance With this resolution. Failure of
the applicant to meet any or all of the stipula-
tions contained in the resolution shall render
the resolution null and void.
"Purpose [for FA Future Annexation district]:
This district is intended to be applied to prop-
erties within an urban growth boundary, which
are in the process of development to an ap-
propriate urban use, and which are intended to
be annexed by a city upon completion of the
development.
"Criteria for application [to FA Future An-
nexation zone district]:
"1) Lands adjacent to city limits'which are in-
tended by their owner for an' eventual urban
use.
"2) Specifically made subject to an application
for change of zoning district.
"3) Accepted by the [county elected board] in-
to the Intent to Rezone Process...
"4) For which the conditions for rezoning im-
posed by the Intent to Rezone Process have
been fulfilled, including, but not limited to, the
execution of a contract for annexation among
the developer, the respective city, and the
County.
"5) Otherwise lawfully subject to annexation by
the respective city.
"Conditions required in intent to rezone pro-
cedure: The [county elected board] may place
reasonable conditions upon the application for
a zone change through th~ Intent to Rezone
Procedure. These conditions shall include a
contract for annexation to be executed jointly
by the owner and developer, the County, and
the respective city.
"The contract shall stipulate at the minimum
the following:
"1) Design and development standards of any
kind to be applied shall be the relevant com-
prehensive plan and zoning regulations to
.~hich the property would otherwise be subject
following annexation to the respective city.
"2) The governmental body which shall be given
the responsibility for inspection and other re-
view of the various components of the develop-
ment, and which governmental body will collect
relevant application and inspection fees. If
these responsibilities are to be divided among
more than one governmental body, which body
shall have the overal! authority during develop-
ment, and authority to issue final approval on
the development as a whole as a condition pre-
cedent to annexation.
"3) The development shall conform to the poli-
cies contained in an adopted urban growth
boundary agreement."
[Jackson Co, Medford OR]
IN THE NEXT FEW ISSUES . . .
· . . In next month's issue, November 16th, we
discuss updating your zoning provisions for
boarders and roomers in residential zones.
We provide a two-part discussion on a major
topic for December 14th and January 11th,
recent trends for zoning site design and devel-
opment standards for gas stations. Two weeks
later, for our January 25th, 1991, issue, we
follow up with a related topic--regulating va-
cant and abandoned gas stations.
For February 22nd, we discuss special set-
backs along specific named streets, boulevards
and gateways.
We make every effort to present accurate in-
formation and sound opinion in this report.
However, we do not guarantee results, accu-
racy, or assume liability for errors, omissions,
or for information you may act upon. This pub-
lication does not purport to be engaged in the
practice of law or give legal advice, but is the
opinion of the editor and publisher solely as a
professional urban planner.
October 19, 1990 issue
EXHIBIT E
CASINO , HOTEL
LITTLE ~ SI~ -_CASINO. __ ._
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CASINO · HOTEL
STRAIGHT AHEAD
LITTLE SI& CASINO
Tha~ You for visiting the
Shakopee Mdewakanton
Sioux Community,
Please buckle up
and drive safely.
OASiNO: ~ HOTE:L
LITTLE~Si CASINO
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ALL CROSS SLOPES ARE MEASURED
LANE &: SH~S DIMENSIONS ARE
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SIGh' ORDINANCE REVISION
PRIOR LAKE
1. Add a definition: Facility of J~egional Significance. A commercial facility,
regardless of tS'pc, which derives the majoril)' of its business from persons
traveling to the facility from the greater Minneapolis/St. Paul metropolitan area,
or beyond, into the City or Prior Lake and which generates in excess of__ trips
per day on an annualized average.
2. Revise Table 2 of Section 1107 to include all types of signs in the section by
adding 1107.818 through 1 I07.823. These signs are described in the ordinmace as
allowed under certain conditions but are not included in Table 2 which lists
allowed signs.
3. Add "Advertising Signs" to Table 2. The ordinance defines "Advertising Signs"
but prohibit~ them in 1107.1100 except as allowed in Subsection 1107.
4. Add a Section 1107.824 to read: Advertising Signs: Advertising Signs shall be
allowed for Facilities of Regional Significance provided the Advertising Signs are
located on property owned by the owner or operator of the facility being
advertised. Advertising Signs shall not exceed 50 feet in height, the base shall not
exceed 800 square feet and the signs maybe illuminated in the rammer descr/bed
in Section I 107.807 of this Ordinance regardless of the ase district the sign is
located in.