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Home My WebLink About5E - Zoning Ord. Amend.Day Care AGENDA ITEM: MAY 17, 2004 5E CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REDUCE THE REQUIRED SETBACK FROM PRINCIPAL ARTERIAL ROADS FOR DAY CARE PLAY AREAS IN THE C-4 USE DISTRICT (Case File No. 04-41) MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: INTRODUCTION: Historv: On May 3, 2004, the City Council directed staff to prepare an amendment to the C-4 use district requirements to reduce the required setback for day care outdoor play areas from principal arterial roadways when a llphysical barrier" is present. Currently, the Zoning Ordinance requires a 200 foot setback from a principal arterial roadway, as identified in the comprehensive plan. Meeting minutes are attached. Backaround: Day care centers are a llUse Permitted with Conditions" in the C-4 use district. A 'IUse Permitted with Conditions" is permitted in the use district provided all conditions set forth in the Zoning Ordinance are met. In order for a day care to operate in the C-4 district Section 1102.1202 must be satisfied: a, A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard Type C as defined in subsection 1107.2005. b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial. The applicant has a concern with the 200 foot setback requirement because New Horizon Day Care's prototypical design will not fit within the buildable area. Thus, the applicant has submitted language that would either eliminate the setback or require a 50 setback "if a physical barrier (i.e., ditch, retaining wall, elevation grade change, etc.) is present." If a physical barrier is not present, then the 200 foot L:\04 FILES\04 ORDIN AMEND\04 ZONI~~f\:f?'e'tUU~t<orfpport 2.doc Phone 952.447.4230 / Fax 952.447.4245 setback would apply. The City Council directed that staff prepare an ordinance amendment to implement the "physical barrier" alternative. Minnesota statutes provide the authority for communities to regulate the use and placement of structures. "For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces..." (Minn. Stat. Sec. 462.357, Subd. 1. Authority for zoning.) DISCUSSION: Issues: Specifically, the applicant requested the ordinance be amended as follows (proposed language is underlined): c. Outdoor play areas shall be located a minimum of 200 feet from the traveled road of any roadway designated in the comprehensive plan as a principal arterial when no phvsical barrier (Le.. ditch. retainina wall. elevation arade chanae. etc) is present. d. Outdoor plav areas that have a phvsical barrier (Le.. ditch, retainina wall. elevation arade chanae. fence. etc.) shall have a setback of a minimum of 50 feet from the riaht-of-wav. or the barrier whichever is areater. Staff prepared language for the ordinance amendment based upon the City Council's discussion at the meeting and good zoning principles. The definition of "physical barrier" is a 20 foot increase in elevation. The reduced setback will not be applied if the site is lower than the roadway surface. "Ditch" and llretaining wall" have been excluded because they do not provide ample protection from the roadway's noise and air pollution like a 20 foot increase in elevation. New language is underlined. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the comprehensive plan as a principal arterial when no phvsical barrier is present. When a phvsical barrier is present. outdoor plav areas can maintain a 50 foot setback. A phvsical barrier shall be defined as a 20 foot increase in elevation from the principal arterial roadway surface. Zonina Ordinance Amendment Findinas Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings L:\04 FILES\04 OROIN AMENO\04 ZONING\day care play area\cc report 2.doc 2 addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. 3. The adoption of the amendment is consistent with State and/or Federal requirements. The City Council has determined there is a public need for the amendment to allow a reduced setback for day care play areas adjacent to a principal arterial roadway. CONCLUSION: WENSCO, Inc. is requesting a Zoning Ordinance Amendment to reduce the required 200 foot setback for day care outdoor play area when a physical barrier is present. A physical barrier is defined as a 20 foot increase in elevation from the roadway surface. The attached ordinance is consistent with the City Council's direction. ALTERNATIVES: The City Council has three alternatives: 1. Adopt the ordinance amendment retaining the 200 foot setback when no physical barrier is present, but allowing a 50 foot setback when a physical barrier is located between the principal arterial roadway surface and the day care outdoor play area. 2. Deny the ordinance amendment. 3. Defer this item and provide staff with specific direction. ATTACHMENTS: REVIEWED BY: L:\04 FILES\04 OROIN AMENO\04 ZONING\day care play area\cc report 2.doc 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04- XX AN ORDINANCE AMENDING SECTION 1102.1202 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.1202 of the Prior Lake City Code is hereby amended as follows: (3) Group Day Care/Nursery School. Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard Type C as defined in subsection 1107.2005. b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial when no physical barrier is present. When a physical barrier is present. outdoor play areas can maintain a 50 foot setback. A physical barrier shall be defined as a 20 foot increase in elevation from the road surface elevation. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of May, 2004. ATTEST: City Manager Mayor 1:\04 files\04 ordin amend\04 zoning\day ~.I~~~~ Phone 952.447.4230 / Fax 952.447.4245 1