HomeMy WebLinkAbout8C - Driveway Set BacksSTAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
8C
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER ORDINANCE 94-05 ESTABLISHING MINIMUM
SLOPE, SETBACK AND HARD SURFACE REQUIREMENTS FOR
DRIVEWAYS.
FEBRUARY 22, 1994
The purpose of this hearing is to consider Ordinance 94-05,
establishing minimum slope, setback and hard surface
requirements for driveways. Ordinance 94-05 is intended to amend
the Zoning and Subdivision Ordinances and City Code. The
Ordinance is intended to apply to all new residential construction.
The Planning Commission held public hearings related to
Ordinance 94-05 on December 16, 1993 and February 3, 1994.
Notice of the public hearing was published in the Prior Lake
American and mailed to approximately 30 developers/builders. Bob
Walsh, developer of Raspberry Ridge, was the only member of the
public who attended the public hearing. To date, staff has received
no comments relative to the proposed regulations.
The attached draft Ordinance 94-05, is a result of
recommendations from the Building Inspection and Engineering
Department. The City of Prior Lake has no formal guidelines
related to driveway improvements (see City Council Resolution
79-6 for policy regarding driveway and building elevations).
Problems have occurred related to drainage, erosion, and
interference with existing easements because there are no formal
regulations.
Building Inspection and Engineering staff have implemented the
proposed slope standards for new construction permits. However, it
is their recommendation that this Ordinance be adopted in order to
advise people of the requirements prior to filing, a building permit.
The proposed Ordinance contains a provision ~n the Subdivision
Ordinance which would require land developers to address
driveway location, slope and setback on subdivision grading plans.
Draft Ordinance 94-05 was amended by the Planning Commission
to incorporate a purpose statement, (4.1P); to state that an
alternate location meeting the provisions of the Ordinance will be
permitted, (2); to indicate that surveys for development of
4629 Dakota St. S.E., Prior Lake, Minnesota 5537_~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
properties within a Shoreland District must show the total
impervious surface coverage, (6); and to permit flexibility for
ddveway construction for persons with disabilities, (8). See
attached minutes dated January 20, and February 17, 1994 for
reference to comments from the Planning Commission,
ALTERNATIVES:
Approve Ordinance 94-05, establishing minimum slope,
setback and hard sudace requirements, as recommended
by the Planning Commission.
Table or continue discussion of this item for specific
information.
Deny proposed Ordinance 94-05 based upon finding that it
is inconsistent with the intent of the Zoning and Subdivision
Ordinances and Comprehensive Plan.
RECOMMENDATION: Alternative #1, as written or with changes as per direction of the
City Council.
-:2-
CITY OF PRIOR LAKE
ORDINANCE 94-05
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 6-7-3 AND PRIOR
LAKE SUBDIVISION ORDINANCE 87-10 SECTION 6-7-3, AND PRIOR LAKE ZONING
ORDINANCE 83-6, SECTION 4.1.
The Prior Lake Zoning Ordinance is hereby amended to add the following requirements
relative to driveway installation.
4.1 (P)
DRIVEWAYS: The purpose of this section is to provide minimum setback
and slope standards for driveway construction. The intent is to reduce
interference with drainage and utility easements by providing setback
standards; reduce erosion by requiring a hard surface for all driveways;
and, provide positive drainage to the street via establishment of minimum
driveway slope standards. The provisions of this section shall apply to all
building permits for new construction of residential units. A certificate of
survey indicating the setback, slope and proposed elevations shall be
required to illustrate compliance with this section.
Driveways shall be setback at least five (5) feet from the side yard
property line.
Driveways should be located as indicated on the Subdivision
grading plan however, an alternate location meeting the provisions
of this section will be permitted.
The vertical profile for a driveway shall not exceed ten (10) percent
maximum slope.
The garage slab shall be constructed at an elevation that will
permit a driveway with a minimum slope of eighteen (18) inches
above the top of curb.
o
o
In the Urban Service Area, driveways shall be surfaced with
bituminous, concrete or other hard surface material, as
approved by the City Engineer. In the Rural Service Area,
driveways shall be surfaced from the Intersection of the road,
for the first one-hundred (100) feet of the driveway, with
concrete or other hard surface material, as approved by the
City Engineer.
For properties located within a Shoreland District, the certificate of
survey shall indicate the total area of the driveway for purposes of
calculating impervious surface coverage.
The minimum corner clearance from the street right-of-way line
shall be at least thirty (30) feet to the edge of the driveway.
Under unique circumstances where unusual topography, existing
conditions or physical disability of the property owner prohibit
compliance with items (3 and/or 4), the City Engineer may approve
a driveway with a slope exceeding ten (10) percent and/or
construction of said garage slab less than eighteen (18) inches
above the top of curb.
The Prior Lake Subdivision Ordinance is hereby amended to
requirements relative to driveway required improvements:
6-7-3:
DRIVEWAYS: The provisions of this section
residential subdivisions.
add the following
shall apply to all
(A)
The subdivision grading plan shall indicate the location and slope,
for all driveways within the proposed subdivision, and according to
the requirements of the Zoning Ordinance.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this ..
day of
.,1994.
ATTEST:
City Manager: Mayor:
To be published in the Prior Lake American on
,and
..., 1994.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
liquor stores. Several items Mr. Casey disagreed with were; the time and size allowed for balloon
signs, balloons should be allowed for special occasions, and illuminal~cl signs.
Comments from the Commissioners were; regulations of liquor stores, billboard restrictions,
window advertising, free-standing sign measurement, strobe lights, grade measurements, not in
favor of 50% window display, snipe signs, balloon signs regulations,
At 8:35 P.M. Chairman Arnold stated the Sign Ordinance Public Hearing will be continued to the
end of the agenda as a second public hearing was scheduled for 8:30 P.M.
ITEM H - PUBLIC HEARING - DRIVEWAY STANDARDS - TO CONSIDER
ORDINANCE 94.05
The Public Hearing was called to order at 8:38 P.M. This public hearing was continued and is to
consider amending the zoning and subdivision ordinances to incorporate driveway standards.
Deb Garross, Assistant City Planner, presented the information as per the Planning Report of
February 3, 1994. The changes outlined by the Commissioners at the January 20, 1994, meeting
were incorporated into the proposed Ordinance 94-05.
Comments from the Commissioners discussed the changes and were in support of the proposal.
MOTION BY ROSETH, SECOND BY VONHOF, TO RECOMMEND TO CITY COUNCrI~
THE ADOPTION OF RESOLUTION 94-05 AMENDING THE ZONING AND SUBDMSION
ORDINANCES TO INCORPORATE DRIVEWAY STANDARDS AS REVISED.
Vote taken signified ayes by Roseth, Vonhof, Arnold, and Loftus. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY ROSETH, TO CLOSE PUBLIC HEARING.
Vote taken signified ayes by Loftus, Roseth, Vonhof, and Amolck McYrION CARRIED. Public
Hearing was closed at 8:45 P.M.
A rea:ess was called at 8:45 P.M. and the meeting reconvened at 8:50 P.M.
ITEM III - CONDITIONAL USE CONTINUED - DAN REILAND
Dan Reiland, 5365 Shore Trail, stated he wishes to operate a bed and breakfast facility at his
residence and is requesting a conditional use to obtain this goal. The house has seven bedrooms,
it would be owner occupied, only one meal will be served to the guests, no liquor, and the guests
would not be using the lake. There is a six car garage and parking for 12 vehicles. The facility
has been inspected for code compliance. The highest number of guests at one time would be
eight.
Deb Garross, Assistant City Planner, presented the information as per the Planning Report of
February 3, 1994. The Zoning Ordinance does not specifically contain a provision for bed and
brealffast operations, therefore the application is filed for a conditional use permit for a boarding
house within a R-1 Zone. Staff has researched twenty cities and received information from
eleven which is attached to the report. In reviewing this information it is clear community's
regulate bed & breakfast uses by conditional use permit and have specific performance criteria
applied to them.
The Planning Commission has several alternatives regarding the conditional use application.
The Commission can recommend that the definition of boarding house be broadened by granting
PLANNING COMMISSION
February 3, 1994
Pa~e 2
PLANNING COMMISSION
MINUTES
January 20, 1994
The January 20, 1994, Planning Commission Meeting was called to order by Chairman Arnold at
7:30 P.M. Those present were Commissioners Roseth, Arnold, Vonhof, Director of Planning
Horst Graser, Assistant City Planner Deb Garross. Commissioner Loftus arrived at 7:36 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Arnold noted a duplication of two sentences on page two, paragraph one.
MOTION BY VONHOF, SECOND BY ROSETH, TO APPROVE THE MINUTES AS
AMENDED.
Vote taken signified ayes by Arnold, Roseth, and Vonhof. MOTION CARRIED.
ITEM I - PUBLIC HEARING CONTINUED - DRIVEWAY STANDARDS
The public hearing was called to order at 7:35 P.M. The public was not in attendance. This
public hearing is a continuation from the December 16, 1993, meeting and was continued to
notify developers of the proposed ordinance. To date, Staff has received no comments relative to
the proposed regulations.
Deb Garross presented the information as per planning report of January 20, 1994. The purpose
of the hearing is to consider a proposed amendment to the Prior Lake City Code, Zoning, and
Subdivision Ordinances. The proposed draft is a result of the discussion and recommendations
from Staff, Planning Commission, and the public. Draft Ordinance 94-05 has been amended to
incorporate a purpose statement, (4.1P): to state that an alternate location meeting the provisions
of the Ordinance will be permitted, (2); to indicate that surveys for development of properties
within a Shoreland District must show the total impervious coverage, (6); and to permit
flexibility for driveway construction for persons with disabilities, (8). This ordinance is intended
to apply to all new residential construction.
Comments from the Commissioners were on length of driveway to be surfaced, exempting
property outside of urban service area, application of the proposed ordinance to PUD's,
topography, slxeet elevation, and grading plans. Consensus of the Commissioners was to
continue the public hearing to update the proposed ordinance to the final draft.
MOTION BY LOFTUS, SECOND BY VONHOF, TO CONTINUE THE DRIVEWAY
STANDARDS ORDINANCE pUBLIC HEARING TO FEBRUARY 3, 1994, AT 8:45 P.M.
Vote taken signified ayes by Loftus, Vonhof, Roseth, and Arnold. MOTION CARRIED.
PLANNING COMMISSION
lanuao, 20, 1994
Pa~e I
CITY OF PRIOR LAKE
RESOLUTION 79-6
A RESOLUTION FOR ESTABLISHING DRIVEWAY AND BUILDING ELEVATIONS
Motion by: Watklns Seconded by: Busse
WHEREAS, The City of Prior Lake does not enforce any standards as to
buildings and driveway elevations in reference to the street.
WHEREAS, Buildings have been constructed in such a manner that heavy
rainfalls cause damage, such as flooding garages with mud,
flooding yards and eroding yards.
WHEREAS, Driveways have been constructed on each side of the road
which alternately go up and down sharply at the edge of
the road,
WHEREAS, The constructing of those driveways has significantly
hampered street improvements by limiting street widening
and vertical improvements.
THEREFORE BE IT RESOLVED, that to eliminate future problems ali
buildings be constructed with the finished ground at the building
1.$' higher than the street and sloping away from the building to
the street~ or to drainage swales. Those lots which have physical
restrictions may have buildings constructed be]ow the street if the
following restrictions are met: That the driveway be constructed
in such a manner that at a point ten feet horizontally from the
gutter line the driveway Is a minimum of six inches vertically above
the gutter line. In cases where the street may be improved those
dimensions shall be determined by the City Engineer. That a grading
plan be sumbltted to the City Engineer~ to obtain a permit. That
the construction is completed in accordance to the permit.
; (
(612) 447-4230 ~'~629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
HERITAGE COMMUNITY
1891 1991
INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
.~.GpARY STABER, BUILDING OFFICIAL
RUCE LONEY, ASSISTANT CITY ENGINEER
ROPOSED DRIVEWAY ORDINANCE
FEBRUARY 12, 1992
This memorandum is in regard to our meeting on ~ ~roposed
~ubdivision ordinance change on driveways for residential
The following comments are my recommendations for
property.
driveway construction on residential lots:
1. The vertical profile for a driveway should be a 10%
maximum slope for at least ten (10) feet from the curb
to prevent cars from scraping on the street/driveway
pavement. After the initial ten (10) feet from the
curb, the driveway slope can be increased to 15% maximum
which is the maximum slope recommended by MnDOT design
manual. A vertical driveway profile is attached to this
memorandum.
2. A five (5) foot setback from lot lines allows drainage
swales to be installed on the lot line versus using the
driveway as the swale.
3. A hard surfaced driveway should be required at the time
of occupancy versus at a later time at the resident's
convenience. The erosion of sand and gravel base into
the street would then be minimized. The subdivision
ordinance requires the front yard to be sodded and the
normal construction procedure is to install the driveway
pavement first and then sod the yard adjacent to the
driveway. Driveway paving could be delayed due to
winter weather circumstances; however, the driveway
pavement should be required as soon as practical in the
next construction season.
4. The minimum corner clearance from the street
right-of-way line should be at least thirty (30) feet
to the edge of the driveway.
If you have any questions regarding this memorandum,
me know.
please let
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
The purpose of,~thi~, menorandum is to facilitate the adoption of an ordinance ~
~ regulat~'~idential driveway construction in the City of Prior Lake. A
,~ survey of several communities was completed regarding their specific
requirenents for residential driveways. I have also listed Prior Lake's
requirements for comparison.~The results of this survey are as follows:
Con~nunity Sideyard Maximum Minimum
Surveyed Setback -_S{-~e-. ~ Slope
Maximum Width at Hard Surface
Front Property Required
Line
~qAKOPEE
SAVAGE
BURNSVILLE
PRIOR LAKE
5 feet
5 feet
5 feet
5 feet
None
10%
10%
10%
15%
None
18" above
top of curb
18" above
top of curb
18" above
top of curb
18" above
top of curb
25 feet
24 feet
24 feet
26 feet
18" above None
top of curb
Yes
Yes
Yes
As one can see, Prior Lake's only driveway requirement is a policy that the
garage floor be at l~a-~t 18" above the top of the cur=~- C~ ' ,~
In the past difficulties have been encountered when driveways are too steep or
too close to a property line. Driveways that are too steep tend not to be used
in the winter and scrape or bottom out cars when they are used. Those driveways
that are located on property lines inhibit drainage. During heavy rains erosion
of the sand and gravel driveway base has occurred on unsurfaced driveways.
Staff recommendation is to develop a policy to deal with existing lots of record
and develop an amendment to the Subdivision Ordinance to deal with new
residential lots.
I have attached copies of a proposed policy
Subdivision Ordinance for your review.
and a proposed amendment to the
Also attached is a memo from the
Please let know if you require any additional information.
NOTICE OF PUBLIC HEARING
TO CONSIDER AN AMENDMENT TO PRIOR LAKE CITY CODE SECTION 6-7-3; PRIOR LAKE
SUBDIVISION ORDINANCE ORDINANCE 87-10 SECTION 6-7-3, AND PRIOR LAKE ZONING
ORDINANCE 83-6, SECTION 4.1.
You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City
Council Chambers at 4629 Dakota Street S.E., on Thursday, December 16, 1993 at 9:00 p.m.
The purpose of the public hearing is to consider amending the Prior Lake City Code, Zoning and
Subdivision Ordinance to add the following language:
The Prior Lake City Code and Zoning Ordinance are proposed to be amended to add the following
requirements relative to driveway installation.
4.1 (P) DRIVEVVAYS: The provisions of this section shall apply to all building permits for new
construction of residential units.
1. Driveways shall be setback at least five (5) feet from the side yard property line.
2. The vertical profile for a ddveway should not exceed ten (10) percent maximum
slope.
3. The garage slab should be constructed at an elevation that will permit a driveway
with a minimum slope of eighteen (18) inches above the top of curb.
4. Driveways shall be surfaced with bituminous, concrete or other hard surface
material, as approved by the City Engineer.
5. The minimum corner clearance from the street right-of-way line shall be at least
thirty (30) feet to the edge of the driveway.
6. Under unique circumstances where unusual topography or existing conditions
prohibit compliance with items (2 and/or 3), the City Engineer may approve a
driveway with a slope exceeding ten (10) percent and/or construction of said
garage slab less than eighteen (18) inches above the top of curb,
The Prior Lake City Code and Subdivision Ordinance are proposed to be amended to add the following
requirements relative to driveway required improvements:
6-7-3: DRIVEWAYS: The provisions of this section shall apply to all residential
subdivisions,
(A) The subdivision grading plan shall indicate the location, slope and setback for all
driveways within the proposed subdivision, and according to the requirements of
Zoning Ordinance 83-6,
If you desire to be heard in reference to this matter, you should attend this public hearing, The Planning
Commission will accept oral and or written comments, If you have questions regarding this matter,
co~ ~e ~rio; Lake Planning Department at 447-4230.
Deb Garross
Assistant City P~anner
To be published in the Prior Lake American on December 4 and 11, 1993.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY ENPLOYER
PUBLIC HEARING
CONSIDER AMENDING THE ZONING AND SUBDIVISION
ORDINANCES TO ADOPT DR~3~E~AY STANDARDS
COSDUC~ED BY THE PLANNING CfI~tIS~ON
THURSDAY, DECEHBER 16, 1993
This Public Hear~r~ is scheduled for 9:00 P.M.. The Planning Co~mission
welcomes your co~ents. In fairness to all who choose to speak, we do request
that after bmving spoken once, you limit further co~mm_nts to pertinent or new
info~mation. Thank you.
ADDRESS