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Home My WebLink About9A1 - Zoning Ord. Amendment 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT FEBRUARY 7, 2005 9A1 JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO INCREASE THE MAXIMUM HEIGHT PERMITTED IN THE HIGH DENSITY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USE DISTRICTS (Case File #04-152) Historv: On December 20, 2004, the City Council considered a report on a potential amendment to the Zoning Ordinance as it pertained to height requirements. As redevelopment has occurred in the City, specifically in the downtown area, there have been several questions and discussions about building height issues. The City Council recently adopted an amendment to the PUD provisions of the Zoning Ordinance to address some of these questions. However, this ordinance does not apply in all situations, especially for single building developments, and developments which are not a PUD. The Council directed staff to prepare an amendment to the Zoning Ordinance to increase the maximum height to 45' in the R -4, C-2, C-3, C-4, C-5 and 1-1 districts. The Planning Commission held a public hearing on January 24, 2005 to consider the proposed amendment. The staff originally proposed an amendment to allow an increase in height to 45' or 4-stories, whichever is greater, in the R-4, C-2, C-3, C-4, C-5 and 1-1 districts. After much discussion, the Commission voted to recommend a modified amendment that includes the following provisions: . In the C-3 district, permit a maximum height of 45' or 4- stories, whichever is greater. . In the R-4, C-2, C-4, C-5, and 1-1 districts, an increase in height to 45' or 4-stories, whichever is greater, is permitted with a conditional use permit. Some of the Commission members were concerned about the effect of the additional height on the "small town" feeling in Prior Lake. While others did not share this same concern, they www.cityofpriorlake.com 1:\04 files\04 ordin amend\04 zom~~I~g~~4~,t.'4'2'35ortJ.~~x 952.447.4245 believed the conditional use permit requirement was a good compromIse. Current Circumstances: Under the current Zoning Ordinance, maximum building height is 35' in all districts. The height of a building is measured from the height of the curb adj acent to the building. In most cases, this is the street from which the building takes its access. However, in the case of a corner lot or a double frontage lot, both streets are included in the height calculation. The diagram below illustrates how building height is measured: FLAT STO~Y -r oX- Historically, building heights were limited for public health and aesthetic reasons. Public health advocates viewed height limits as a means of assuring light and air to buildings and streets below. From a public safety perspective, height limits mitigated against the need for specialized aerial equipment. Aesthetically, height limits were also seen as a way of lending visual unity and human scale to buildings. Today, technology and building codes address most of the public health and safety issues. For example, sprinkler systems must be installed in all multi-story buildings. The aesthetics of building height is a function of community standards. Additional building height also has advantages. It allows a more efficient use of space, especially in areas where buildable land is scarce and expensive. In downtown areas, additional building height allows the construction of dwelling units above retail and other commercial uses. In a downtown area, density is needed to support the commercial uses. The Twin Cities metropolitan area includes a wide spectrum of examples of height regulations, from downtown Minneapolis and St. Paul to suburbs such as Savage and Lakeville. The staff researched building height regulations for cities 1:\04 files\04 ordin amend\04 zoning\building height\cc report2.doc 2 comparable to Prior Lake. The table below outlines these results: CITY MAXIMUM BUILDING HEIGHTS RESIDENTIAL MULTI-FAMILY COMMERCIAL INDUSTRIAL Apple Valley 35' 30' - 60' 25' - 45' 40' Bumsville 35' 30' minimum 25' - 30' NA (Heart of the City District) 50' maximum mImmum 50' maximum Eden Prairie 40' 45' 30-40' 40' Lakeville 25' - 35' 35' 35' 35' - 45' Savage 35' (2 Ih stories) 45' (structure setback must equal building height) Shakopee 35' 35' 55' 45' Considering that each "floor" is about 10' high, the above requirements provide for buildings 3 to 6 stories in height. The pictures below also provide some examples of building height Burnsville and Savage. Above - Burnsville Heart of the City (Nicollet Avenue and Burnsville Parkway Below - Hamilton Square in downtown Savage 1:\04 files\04 ordin amend\04 zoning\building height\cc report2.doc 3 The proposed amendment will increase the permitted maximum height in the C-3 district to 45' or 4-stories, whichever is greater. In the R-4, C-2, C-4, C-5 and 1-1 districts, the maximum permitted height remain 35 feet. However, this height may be increased to 45' or 4-stories, whichever is greater, subject to approval of a conditional use permit. Additional height in these districts will allow a more efficient use of land, and may provide opportunities for underground parking. In the C-3 district, especially, an additional story would allow the creation of more dwelling units in this area. It would also allow different types of mixed-use development, such as retail and office uses. This would allow the retail to remain at street level. In the R-l, R-2, R-3 and C-l districts, the staff is suggesting the maximum height remain at 35 feet. This height is generally sufficient for lower density residential uses, such as single family homes and townhouses. The 35' maximum is also consistent with the maximum height permitted in the Shoreland District. ISSUES 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 addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. There is a public need for the amendment. Additional height in these districts will allow a more efficient use of land, and may provide opportunities for underground parking. In the C-3 district, especially, an additional story would allow the creation of more dwelling units in this area. It would also allow different types of mixed-use development, such as retail and office uses. 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. Objectives and policies of the Comprehensive Plan include: . Determine and strive for a balance of commerce, industry and population; . Encourage a diversified economic base and a broad range of employment opportunities; 1:\04 files\04 ordin amend\04 zoning\building height\cc report2.doc 4 CONCLUSION: ALTERNATIVES: RECOMMENDED ACTION: REVIEWED BY: . Promote sound land use; and . Maintain high standards in the promotion and development of commerce and industry. The proposed amendment strives to accomplish the objectives and policies of the Comprehensive Plan by providing more opportunities for mixed use development, and more efficient use of land. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommends approval. The City Council has the following alternatives: I. Adopt the ordinance amendment as recommended by the Planning Commission (See attached Draft Ordinance #1). 2. Adopt the ordinance amendment as originally recommended by staff. (See attached Draft Ordinance #2) 3. Deny the ordinance amendment. 4. Defer this item and provide staff with specific direction. Staff recommends Alternative #2. This action requires the following motions: I. A motion and s ond amending the Zoning Ordinance to increase the m imum height in the R-4, C-2, C-3, C-4, C- ist ts to 45' or 4-stories, whichever is greater. 1:\04 files\04 ordin amend\04 zoning\building height\cc report2.doc Ii.. 5 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 05- XX AN ORDINANCE AMENDING SECTIONS 1102.706, 1102.1006, 1102.1105, 1102.1205, 1102.1405 AND 1102.1505 OF THE PRIOR LAKE CITY CODE I I ~, J ~ t t The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.706 of the Prior Lake City Code is hereby amended to read as follows: 1102.706 Dimensional Standards. No structure or building shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in subsection 1101.508. The ground floor area ratio shall not exceed 0.35. The housing density shall not exceed 30 dwelling units per acre except as otherwise provided. Subiect to approval of a conditional use permit. the height of a structure or building may be increased to 45 feet or 4 stories. whichever is greater. 2. Section 1102.1006 of the Prior Lake City Code is hereby amended to read as follows: 1102.1006 Dimensional Standards. ~ Minimum Lot Size is 5,000 square feet. ~ Minimum Lot Width is 50 feet. ~ Required yards are as follows: Front Yard: 25 feet Side Yard: 10 feet Rear Yard 15 feet ~ Maximum Height is 35 feet. ~ Subiect to approval of a conditional use permit. the height of a structure or building may be increased to 45 feet or 4 stories. whichever is greater. 3. Section 1102.1105 of the Prior Lake City Code is hereby amended to read as follows: 1102.1105 Dimensional Standards. These are the lot requirements for lots in the C-3 District. inimum Lot Width Front yard etback 30 feet Minimum None Maximum 10 feet measured from the 1:\04 files\04 ordin amend\04 zoning\building height\draftordl.doc www.cityofpriorlake.com PAGE 1 Phone 952.447.4230 / Fax 952.447.4245 Setback way Side Yard - Minimum None Setback - Maximum 10 feet unless parking is located within Setback the side yard. Rear Yard - Minimum None Maximum Floor Area Ratio 3.0 Minimum Floor Area Ratio 0.5 Build-To Line Along Main A venue a build-to line is established a distance of 5 feet from the inner edge of the street right-of- way (in most cases, this is the inner edge of the sidewalk). At least 70% of the building fayade that fronts Main A venue must be built out to this line. Maximum Height ~ 45 feet or ~ four stories, whichever IS greater. ~faltiflle lise stmetares v;ith residential ases OR the apper floors may be a maximl:lTB of 45 feet:. 4. Section 1102.1205 of the Prior Lake City Code is hereby amended to read as follows: 1102.1205 Dimensional Standards ~ The minimum lot area is 1 acre. ~ The minimum lot width is 150 feet. ~ Required Yards are as follows: Front Yard: 50 feet Side Yard: 20 feet Rear Yard: 30 feet ~ Maximum Height is 35 feet. ~ Subiect to approval of a conditional use permit. the height of a structure or building may be increased to 45 feet or 4 stories. whichever is greater. 5. Section 1102.1405 of the Prior Lake City Code is hereby amended to read as follows: 1102.1405 Dimensional Standards. a. The minimum lot size in the "C-5" Business Park Use District shall be 1 acre, and the minimum lot width shall be 1 00 feet. No more than 50% of any lot shall be covered by structures. Maximum Floor Area Ratio is 0.50. No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in subsection 1101.508, and paragraph 11 02.1405 (b) below. b. Subiect to approval of a conditional use permit. the height of a structure or building may be increased to 45 feet or 4 stories. whichever is greater. 1:\04 files\04 ordin amend\04 zoning\building height\draftordl.doc PAGE 2 6. Section 1102.1505 of the Prior Lake City Code is hereby amended to read as follows: 1102.1505 Dimensional Standards ~ The minimum lot area is 1 acre. ~ The minimum lot width is 200 feet. ~ Required Yards are as follows: Front Yard: 50 feet Side Yard: 20 feet Rear Yard: 30 feet ~ Maximum Height is 35 feet. ~ Subiect to approval of a conditional use permit. the height of a structure or building may be increased to 45 feet or 4 stories. whichever is greater. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this ih day of February, 2005. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 2005. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1 :\04 files\04 ordin amend\04 zoning\building height\draftord l.doc PAGE 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 05- XX AN ORDINANCE AMENDING SECTIONS 1102.706, 1102.1006, 1102.1105, 1102.1205, 1102.1405 AND 1102.1505 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.706 of the Prior Lake City Code is hereby amended to read as follows: 1102.706 Dimensional Standards. No structure or building shall exceed J. ~stories or ~ 45 feet in height, whichever is less greater, except as provided in subsection 1101.508. The ground floor area ratio shall not exceed 0.35. The housing density shall not exceed 30 dwelling units per acre except as otherwise provided. 2. Section 1102.1006 of the Prior Lake City Code is hereby amended to read as follows: 1102.1006 Dimensional Standards. ~ Minimum Lot Size is 5,000 square feet. ~ Minimum Lot Width is 50 feet. ~ Required yards are as follows: Front Yard: 25 feet Side Yard: 10 feet Rear Yard 15 feet ~ Maximum Height is ~ .42.feet or 4 stories. whichever is greater. 3. Section 1102.1105 of the Prior Lake City Code is hereby amended to read as follows: 1102.1105 Dimensional Standards. These are the lot requirements for lots in the C-3 District. Minimum Lot Width Front yard Setback 30 feet Minimum None Maximum 10 feet measured from the right-of- Setback Side Yard Setback Minimum None Setback Maximum 10 feet unless parking is located within the side 1:\04 files\04 ordin amend\04 zoning\building height\draftord2.doc www.cityofpriorlake.com PAGE 1 Phone 952.447.4230 / Fax 952.447.4245 .. l Rear Yard - Minimum None Maximum Floor Area Ratio 3.0 Minimum Floor Area Ratio 0.5 Build-To Line Along Main Avenue a build-to line is established a distance of 5 feet from the inner edge of the street right-of- way (in most cases, this is the inner edge of the sidewalk). At least 70% of the building fa<;ade that fronts Main A venue must be built out to this line. Maximum Height ~ 45 feet or thfee four stories, whichever IS greater. 1fl:lltiple blse strnetures 'l:itl1 resideFltial l:lses on the blfJper floors may Be a maximwn of 15 feet.:. 4. Section 1102.1205 of the Prior Lake City Code is hereby amended to read as follows: , 1102.1205 Dimensional Standards ~ The minimum lot area is 1 acre. ~ The minimum lot width is 150 feet. ~ Required Yards are as follows: Front Yard: 50 feet Side Yard: 20 feet Rear Yard: 30 feet ~ Maximum Height is ~ 1:1..feet or 4 stories. whichever is greater. 5. Section 1102.1405 of the Prior Lake City Code is hereby amended to read as follows: 1102.1405 Dimensional Standards. The minimum lot size in the "C-5" Business Park Use District shall be 1 acre, and the minimum lot width shall be 100 feet. No more than 50% of any lot shall be covered by structures. Maximum Floor Area Ratio is 0.50. No structure shall exceed 3 st0ries or 35 45 feet or 4 stories in height, whichever is less greater, except as provided in subsection 1101.508. 6. Section 1102.1505 of the Prior Lake City Code is hereby amended to read as follows: 1102.1505 Dimensional Standards ~ The minimum lot area is 1 acre. ~ The minimum lot width is 200 feet. ~ Required Yards are as follows: Front Yard: 50 feet Side Yard: 20 feet Rear Yard: 30 feet ~ Maximum Height is ~ ~feet or 4 stories. whichever is greater. This ordinance shall become effective from and after its passage and publication. 1:\04 files\04 ordin amend\04 zoning\building height\draftor~2.doc PAGE 2 .--..... ''r--..-..-.......------ .. . ......-. ....._...._....._,_.._,..,-,---~---._..._._,._-_._.-.-._.,-.. Passed by the City Council of the City of Prior Lake this ih day of February, 2005. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 2005. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 ]:\04 files\04 ordin amend\04 zoning\building height\draftord2.doc ~ ~l~ --~ ~ .. PAGE 3