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HomeMy WebLinkAboutApril 7, 20032 Review of Potential Zoning Amendments: · Non-conforming Structures in Bluff Impact Zone · Churches in Commercial Districts · Zoning Properties in Urban Expansion Area. Other Business 3. Adjourn ~ Please note that the City Council reserves the right to add or delete items from the agenda based upon time availability. 16200 Eagle Creek Ave. S.E.. Prior Lake, ]v[innesota 55372-'17~_4 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EOUAL OPPORTUNITY EMPLOYER MEMORANDUM E~ TO: Mayor and City Council FROM: DATE: Jane Kansier, AICP, Planning Coordinator April 2, 2003 RE: Miscellaneous Amendments to the Zoning Ordinance In the past several months, several issues have arisen which have led staff to the conclusion that there is a need for some amendments to the Zoning Ordinance. As with any ordinance, changes may be required because of changing circumstances, the realization that the ordinance does not adequately address some new conditions, or the need for equity in the administration of the ordinance. The purpose of this memorandum is to outline the amendments staff believes necessary at this time. The memorandum describes three potential areas of amendments: · Nonconforming structures in the Bluff Impact Zone and the Bluff Setback · Churches in commercial use districts · Zoning for properties in the Urban Expansion Area NONONFORMING STRUCTURES IN THE BLUFF IMPACT ZONE AND THE BLUFF SETBACK In the existing Zoning Ordinance, structures other than stairways and landings are not permitted within the Bluff Impact Zone or the Bluff Setback. The figure below generally illustrates the Bluff Impact Zone and the Bluff Setback. FIGURE 1: ILLUSTRATION OF BLUFF IMPACT ZONE AND BLUFF SETBACK BLUFF SETBACK ' OHWL. 16200 Eacfle,,CreeJ~ A~e. S.E.,,P~rior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 4~7-4245 J: \'o3 tflesko~ orctm amena\o3 zonmgm~tsc amenaments.aoc AN EQUAL OPPORTUNITY EMPLOYER Staff is requesting the Council provide us with direction on this matter. ZONING FOR PROPERTIES IN URBAN EXPANSION AREAS At the request of the property owners, the City has recently annexed several acres of land, including Thomas Ryan Memorial Park, the Red Cedar Heights development, Spring Lake Regional Park, and the Stemmer property. 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. 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 the Comprehensive Plan is amended to determine the furore use of the property. There are a number of approaches that can be used to meet this objective. Attached as Exhibit B 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 everyyear. 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. The staff suggests the ordinance be amended to designate all newly annexed land as A (Agricultural). In most cases, this zoning classification will allow 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. CONCLUSION The staff is requesting some direction from the City Council on these matters. With the exception of the amendments to the Bluff Impact Zone and Bluff Setback requirements, none of these amendments have been scheduled for public review. 1:\03 £des\03 ordin amend\03 zoning\misc amendments.doc 3 (4) The proposed addition or alteration must meet all other 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 ,2003. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of ,2003. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\03 files\03 ordin amend\03 zoning\bluff impact zone\draftord.doc PAGE 2 60 Page 2 of 2 60.351 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. 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 administrator 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. top ofpage next page Rochester-Olmsted Planning Department 2122 Campus Drive SE, Suite 100 Rochester, MN 55904 (507) 285-8232 http://www.ci.rochester.mn.us/ldm/html/chap60/60350.htm 4/1/2003