HomeMy WebLinkAbout4H - Zoning Ord. STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
4 (h)
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPROVAL OF ZONING ORDINANCE AMENDMENTS
RELATED TO COMPREHENSIVE REZONING; FILING AND
RECORDING OF CONDITIONAL USE AND VARIANCE PERMITS.
MARCH 20, 1995
The purpose of this item is to consider approval of several minor
amendments and housekeeping text changes to the Zoning Code and
Ordinance. See attached Planning Report for details related to the
proposed amendments.
The Planning Commission held the public hearing to consider the
proposed amendments on February 13, 1995. The Planning Commission
recommendation is to approve the six amendments as identified in the
attached Ordinance. See Planning Commission minutes dated February
13, 1995 for reference to this item.
Proposed amendment 1 is the most significant The amendment consists
of adding provisions that would allow the City to initiate comprehensive
rezoning actions. One such action is to rezone all of the C-1,
Conservation Districts, within the Urban Service Area to R-l, Suburban
Residential. Upon completion of the 2010 Comprehensive Plan, it is
anticipated that other comprehensive rezoning actions will be
contemplated to correspond to new land use categories of the 2010 Land
Use Plan.
Amendments 2 and 3 add requirements for notification and filing certified
copies of conditional use and variance actions with Scott County. Both
amendments are based upon statutory requirements. Amendments 4, 5,
and 6 are housekeeping items that are proposed to increase the "user
friendliness" of the Zoning Ordinance.
ALTERNATIVES: 1.
.
Affirm the recommendation of the Planning Commission to
approve attached Ordinance 95-~ as part of the Consent
Agenda.
Remove this item from the Consent Agenda for further
discussion.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
ACTION REQUIRED:
'ZO02CC'
Alternative #1
A motion as part of the Consent Agenda to approve attached Ordinance
95-__ as submitted.
·
Reviewed By: Bonnie Carlson, Asst. City Manager
'ZOO2OO'
CITY OF PRIOR LAKE~
ORDINANCE NO. 95:~-
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5 AND TITLE 6 AND PRIOR
LAKE ZONING ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
New paragraphs E and F are hereby be added to Section 5-6-10 of the Prior Lake City
Code and Section 7.9 of the Prior Lake Zoning Ordinance and shall read as follows:
(E)
Additional Requirements for Amendments Changing Zoning Districts and Boundaries
Thereof.
1. Applications. Ail applications for changes in the boundaries of any zoning district
initiated by the petition of the owner or owners of the property shall be accompanied by a
map or plat showing the land proposed to be changed and all lands within three hundred
fifty feet (350') of the boundaries of that land and the names and addresses of the
owners of the lands shown on the records of the County Auditor of Scott County.
2. Notice. When the City Council receives the recommendation of the Planning
Commission on any request for change, or if the Planning Commission has not given the
City Council a recommendation within sixty (60) days after submission of the request to
it, the City Council shall set a time for a public hearing on the request. A notice of the
time, place and purpose of the hearing shall be published in the official newspaper of the
City at least ten (10) days prior to the day of the hearing.
When an amendment involves changes in district boundaries affecting an area of five (5)
acres or less, a similar notice shall be mailed at least ten (10) days before the day of the
hearing to each owner of affected property and property situated wholly or partly within
three hundred fifty feet (350') of the property to which the amendment relates.
The names and addresses of all property owners within three hundred fifty feet (350')
shall be provided by a certification of an abstract company so that the Zoning Officer
may provide notification of the Amendment petition. A copy of the notice and a list of the
owners and addresses to which the notice was sent shall be attested to by the
responsible person and shall be made a part of the record of the proceedings. The
failure to give mailed notice to individual property owners, or defects in the notice shall
not invalidate the proceedings, provided a bona fide attempt to comply with this
subsection has been made. Proof of service shall be made by the affidavit of the
persons serving same and shall be filed with the Zoning Officer.
The Commissioner of the Department of Natural Resources shall be notified at least ten
(10) days in advance of the public hearing of any request to amend the boundaries of
the Shoreland District.
Shoreland District boundaries shall not be amended unless the City provides adequate
information to the Commissioner of the Department of Natural Resources that the map is
in error or the lands are adequately protected from flood.
3. Hearings. At the time set for the hearing, the City Council shall hear arguments
for and against the proposed change, and may continue the hearing from time to time
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(F)
not exceeding sixty (60) days from the original date specified in the notice of hearing. If
a hearing is continued more than once, another notice shall be given in accordance with
subsection 2 above. Final vote on the proposed change shall be taken within the sixty
(60) days, unless an extension of time is agreed to by the applicant. If the hearing is
continued more than once, renotice to the public shall be required.
4. Zoning Text Changes. A zoning text change shall require published notice of the
public hearing at least ten (10) days prior to the day of the hearing as required in
subsection 2 above.
5. Fees for Rezoning and Amendments to the Text. No application for change in the
boundaries of any 'zoning district or for change in the text of the Zoning Ordinance shall
be filed until the person making the request has paid to the City of Prior Lake, a fee
which has been set by resolution of the City Council.
If the City Planning Commission initiates proceedings for rezoning and text
amendments, the Council may require that such payment be made by owners of
property involved before making any change.
Special Procedure for Comprehensive Rezon. ing: Whenever the Planning Commission,
in its capacity or acting on referral from the City Council, recommends a comprehensive
rezoning of a substantial part of the City which consists of not less than fifty (50) lots of
platted area or five (5) acres of unplatted area in order to conform to changing
conditions, the City Council may make all or a part of that recommendation effective by
amendment to this Ordinance. In such a case, the provisions of Sections 5-6-10(A)
through (D) of the Prior Lake City Code and Sections 7.9A through D of the Zoning
Ordinance shall not be applicable; but the procedure for such amendment shall be as
follows:
1. Maps. A map shall be prepared and filed in the office of the Zoning Officer which
shows ali streets and lands in the area proposed to be rezoned in sufficient detail to
permit each platted lot and each parcel of ground to be identified by the Zoning
Ordinance classification assigned and all zoning regulations which will be applicable to
them if the proposed amendment for rezoning is adopted.
2. Planning Commission Public Hearing. The Planning Commission shall hold one
public hearing upon an amendment initiated by a petition of the owner or owners of the
actual property of the zoning change, a recommendation of the Planning Commission or
action of the City Council prior to making a recommendation for a comprehensive
rezoning to the City Council.
3. Notice. The Zoning Officer shall publish notice in at least three (3) weekly issues
of the official newspaper on the proposed rezoning amendment. The public hearing
shall be held not less than ten (10) or more than fifteen (15) days after the last
publication.
4. City Council Hearing. The City Council shall meet and conduct a hearing upon
the proposed rezoning amendment. The hearing may be adjourned from time to time by
the City Council, but it shall not be continued more than ninety (90) days from the date of
the odginal hearing.
5. Adoption. The City Council shall act upon the proposed rezoning not less than
seven (7) days nor more than sixty (60) days after the hearing has been closed. A
two-thirds (2/3) vote of all members of the Council shall be required to adopt any
amendment to the Zoning Ordinance. The City Council may alter the amendment
proposed, but if the alteration results in a modification of the Zoning Map filed at the time
of the first publication of notice of the hearing, it shall not be made until ten (10) days
- :2 -
after notice has been given by registered mail to the owner(s) of the property to be
zoned that an amendment is being considered and may be adopted which is different
from that shown on the Zoning Map filed in support of the requested zoning change.
6. Publication. If an Ordinance is adopted which provided for comprehensive
rezoning even though less than the entire City is affected, the City Council shall require
that new Zoning Maps be prepared showing the zoning district boundaries after adoption
of the comprehensive amendment. Those maps shall be published as part of the
publication of the Ordinance amendment. The Zoning Ordinance need not describe the
tracts of land included in each zoning district in any way other that by reference to the
Zoning Maps required by this Section.
II.
A new paragraph (E) and (F) is hereby added to Section 5-6-5 of the Prior Lake City
Code and to Section 7.5 of the Prior Lake Zoning Ordinance and shall read as follows:
(E)
A certified copy of any conditional use permit shall be filed with the County Recorder of
Scott County pursuant to Minnesota State Statute, Section 462.3595, Subd. 4. This shall
be considered a restriction on how this property may be used. The conditional use
permit shall include legal description of the property included. A copy of the recorded
conditional use permit shall be delivered to the Zoning Officer as evidence of satisfying
this requirement.
(F)
The property owner shall have the responsibility of filing the resolution with Scott County
and paying all costs for such recording. A building permit for the subject construction
shall not be issued until proof of recording has been filed with the Planning Department.
III.
A new paragraph (D) and (E) is hereby added to Section 5-6-6 of the Prior Lake City
Code and to Section 7.6 of the Prior Lake Zoning Ordinance and shall read as follows:
(D)
A certified copy of every variance to abstract or registered property granted under this
Section shall be filed with the County Recorder of Scott County by the applicant within
60 days of grant of variance, except that the requirement to file a variance is satisfied if a
certified copy of the resolution citing the existence of the vadance is filed identifying the
location where the variance documents are available for inspection. A copy of the
recorded variance or resolution shall be delivered to the Zoning Officer as evidence of
satisfying this requirement.
(E)
The property owner shall have the responsibility of filing this resolution with Scott County
and paying all costs for such recording. A building permit for the subject construction
shall not be issued until proof of recording has been filed with the Planning Department.
IV.
Section 5-6-10(C) of the Prior Lake City Code and Section 7.9C of the Prior Lake Zoning
Ordinance are hereby amended to read as follows:
(c)
Required exhibits include an abstractor's certificate of property owner's name and
address within three hundred fifty feet (350') of the outer boundaries of the property in
question, plus a certificate of survey for the property and a boundary survey or area
survey including the property in question plus three hundred fifty feet (350') beyond
showing lot boundaries, buildings, foliage topography and soil tests if pertinent.
- 3 -
Section 5-6-10(D)(2) of the Prior Lake City Code and Section 7.9D.2 of the Prior Lake
Zoning Ordinance are hereby amended to read as follows:
(D)
2. The Zoning Officer transmits the application to the Planning Commission. When an
amendment involves changes in district boundaries affecting an area of five (5) acres or
less, a notice shall be mailed at least ten (10) days before the day of the hearing to each
owner of affected property and property situated wholly or partly within three hundred
fifty feet (350') of the property to which the amendment relates.
VI.
Section 5-5-10 of the Prior Lake City Code and Section 6.10 of the Prior Lake Zoning
Ordinance are hereby amended as follows:
The title of Section 5-5-10 of the Prior Lake City Code and Section 6.10 of the Prior Lake
Zoning Ordinance shall be changed to "LANDSCAPE REQUIREMENTS" and these sections
shall include the current paragraphs (A) through (K) of Section 5-5-10 and Section 6.10.
A new Section 5-5-11 is hereby added to the Prior Lake City Code and shall read as
follows:
5-5-11: SCREENING:
(A)
Screening shall be required in residential zones where any offstreet parking area
contains more than six (6) parking spaces and is within thirty feet (30') of an adjoining
residential lot line.
(B)
(c)
(D)
(E)
Where any business or industrial use (structure, parking or storage) is adjacent to
property zoned or developed for residential use, that business or industry shall provide
screening along the boundary of the residential property. Screening shall also be
provided where a business or industry is across the street from a residential zone, but
not on that side of a business or industry considered to be the front as determined by the
Zoning Officer.
The screening required herein shall consist of a solid fence or wall not Jess than five feet
(5') nor more than six feet (6') in height but shall not extend within fifteen feet (15') of any
street or driveway opening into a street. The screening shall be placed along the
property lines or in case of screening along a street, fifteen feet (15') from the street
right-of-way with landscaping (trees, shrubs, grass and other plantings) between the
screening and the pavement. Planting of a type approved by the Zoning Officer may also
be required in addition to or in lieu of fencing.
Where planting is required a landscape plan shall be prepared including complete
specifications for plant materials and other features. The Zoning Officer may issue a
temporary Zoning Certificate for the principal building on a project before full completion
of planting or fencing, if such items cannot be furnished at the same time as the building.
Temporary Zoning Certificates shall be good for one (1) year and shall not be renewable.
As soon as the screening is completed, the temporary certificate may be cancelled and a
permanent Zoning Certificate issued. If any portion of the required planting and fencing
is not complete within one (1) year, the Zoning Officer shall cause all use of the premises
to be stopped.
In all districts, a fence six feet (6') high or shorter may be erected on the rear lot line, the
side lot lines and return to the nearest front corner of the principal building. In residential
districts, a fence not exceeding forty-two inches (42") in height and having an opacity of
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not more than twenty-five percent (25%) may be erected on the front lot line and the side
lot lines forward of a line drawn across the front line of the principal building. Fences
shall not be permitted in any right-of-way. Fences shall be constructed in a professional,
aesthetically pleasing manner, be of substantial material and reasonably suited for the
intended purpose. Every fence shall be maintained on both sides in a condition of good
repair and shall not remain in a condition of disrepair or danger, or constitute a nuisance,
public or private.
(F)
In all Zoning Districts, waste material, debris, refuse or garbage shall be kept in a
container enclosed by a wall which is visually compatible with the principal building it
serves.
(G)
Roof-mounted mechanical equipment installed on buildings shall be screened from
ground level observation at all points on adjacent streets or property. The screening
must be visually compatible with the building it serves.
(H)
In all situations where fences are utilized, either optional or required that side of the
fence considered to be the face (facing as applied to fence posts) shall face abutting
property.
On corner lots in residential districts, no structure or planting in excess of one foot (1')
above street centerline grade, except fences that meet the requirements of Section
5-5-10(E) for front yard fences, shall be permitted within a triangular area defined as
follows: Beginning at the intersection of the projected property lines of two (2)
intersecting streets, thence forty feet (40') along one (1) property line, thence diagonally
to a point forty feet (40') from the point of beginning on the other property line thence to
the point of beginning.
A new Section 6.11 is hereby added to the Prior Lake Zoning Ordinance which shall be
entitled "SCREENING" and shall include the current Section 6.10 paragraphs L through T, which
shall be relettered as paragraphs A through I.
The subsequent section of Chapter 5, Title 5 of the Prior Lake City Code and Section 6
of the Zoning Ordinance shall be renumbered as follows:
City Code
Zoning Ordinance
Section 5-5-12 Planned Unit Development 6.12
Section 5-5-13 Receive-Only Antenna 6.13
Section 5-5-14 Exterior Lighting 6.14
Section 5-5-15 Business Park Regulations 6.15
VII.
Section 6-7-3 of the Prior Lake City Code is hereby deleted from Chapter 7 of Title 6.
A new paragraph (F) is hereby added to Section 5-5-5 of the Prior Lake City Code and
shall read as follows:
(F)
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 provision 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.
- 5 -
1. Driveways shall be setback at least five (5) feet from the side yard property line.
2. Driveways should be located as indicated on the subdivision grading plan,
however, an alternate location meeting the provisions of this Section will be permitted.
3. The vertical profile for a driveway shall not exceed ten percent (10%) maximum
slope.
4. The garage slab shall be constructed at an elevation that will permit a driveway
with a minimum slope of eighteen inches (18") above the top of the curb.
5. 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
Arca, driveways shall be surfaced from the intersection of the road, for the first one
hundred feet (100') of the driveway, with concrete or other hard surface material, as
approved by the City Engineer.
6. 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.
7. The minimum corner clearance from the street right-of-way line shall be at least
thirty feet (30') to the edge of the driveway.
8. 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 percent (10%) and/or
construction of said garage slab less than eighteen inches (18") above the top of the
curb.
Section 4.1P of the Prior Lake Zoning Ordinance is hereby deleted from Section 4 and
added as paragraph F to Section 6.5 of the Prior Lake 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 20th day of March, 1995.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the ~
day of March, 1995.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
5
PUBLIC HEARING TO CONSIDER AMENDMENTS TO
THE CITY CODE AND ZONING ORDINANCE.
DEB GARROSS, ASSISTANT CITY PLANNER
X YES __NO
FEBRUARY 13, 1995
INTRODUCTION:
The purpose of this public hearing is to consider six amendments to the City Code and Zoning
Ordinance outlined below:
Add provisions to allow the City of Prior Lake to initiate comprehensive rezoning of a
substantial part of the City which consists of not less than fifty (50) lots of platted area or
five (5) acres of unplatted area in order to conform to changing conditions. The proposed
amendment would establish procedures for: public hearing; notification; adoption;
publication; and map requirements to implement comprehensive rezoning actions.
,
Add provisions which would requh'e the City of Prior Lake to file certified copies of all
conditional use permit and variance actions with Scott County.
,
Change the notification requirement for Amendments to the Zoning Ordinance from
property owner's name and address within three hundred (300) feet to three hunch'ed fifty
(350) feet.
,
A "housekeeping amendment" is proposed to add a section heading for Landscape
Requirements and renumber subsequent sections under Title 5-5-10 of the City Code and
Chapter 6 - General Regulations of the Zoning Ordinance.
,
A "housekeeping amendment" is proposed to relocate "Driveway" provisions from the
General Requirements section to the Offstreet Parking requirements of the City Code and
Zoning Ordinance.
,
A "housekeeping amendment" is'proposed to make minor text amendments and to the
Business Park zoning standards such as to change the name of'the Business Park Zoning
Disu'ict fi'om I-l, Business Park to B-P, Business Park within the text of the Zoning
Ordinance and on the official Zoning Map.
DISCUSSION:
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EHPLOYER
The purpose of this amendment is to def'me the process by which the City of Prior Lake could
initiate comprehensive rezoning actions. A comprehensive rezoning would consist of an action
such as the proposal to change all of the C-I, Conservation Districts to R-i, Suburban
Residential Districts or likely zoning changes which will be associated with the 2010
Comprehensive Plan Land Use Plan. In order to amend the Zoning Map, the current process
outlined in the Ordinance would require the City to legally describe, via surveyor, each zoning
district and notify, via certified abstract company, all property owners within 300' of the
boundaries of each zone.
The problems associated with implementation of a comprehensive rezoning effort under the
existing Ordinance, relate to time, cost, and staff support. The zoning districts on the map are
not currently legally described. In order to conduct a name search, the City would need to hire a
private surveyor to de£me, via legal description and survey, the existing and proposed zones. The
surveying and name search would require staff coordination and cost thousands of dollars.
An alternative that is permitted via Minnesota Statute and outlined in the attached excerpt from
the St. Louis Park Zoning Ordinance, is to define a separate amendment procedure for
comprehensive rezoning efforts initiated by the City. The recommendation from staff is to
amend the Prior Lake Zoning Ordinance to incorporate similar provisions as per Section 14:8-4.2
of the St. Louis Park Zoning Ordinance. See attached Exhibit A, for details related to the
proposed amendment.
AMENDMENTS 2 & 3:
The amendments outlined in items 2 and 3, are proposed 'changes to bring the Zoning Ordinance
into consistency with Minnesota Statutes. Item 2 would require that public notice be published
for all conditional use permits and that all variance and conditional use actions be filed with
Scott County as per MS, 462.3595 Subd. 4 and 462.36 Subd. 1. Item 3 is proposed to change the
notification distance for proposed amendments and rezoning applications from 300 to 350' as
per MS 462.357 Subd. 3.
AMENDMENT 4 & 5:
Proposed amendment 4 is a "housekeeping amendment" intended to change the section heading
"Screening" to "Landscape Requirements." This amendment is intended to clarify and
differentiate landscape requirements from screening requirements.
Proposed amendment 5 is a "housekeeping amendment" intended to relocate "Driveway"
provisions currently found under the heading of "General Requirements" to the section of the
Ordinance that regulates "Off street Parking." The amendment is proposed to place driveway
regulations in a logical location in the Ordinance.
AMENDMENT 6:
The purpose of this amendment is to change the name designation of the "Business Park" zoning
district from I-1 to B-P. The amendment is a "housekeeping" item intended to clarify the Zoning
Ordinance and Map.
AI..,TERNATIVES:
o
Approve the amendments outlined by staff or with changes recommended by the
Planning Commission.
Table or continue this item for specific reasons directed by the Planning Commission.
Deny the proposed amendments.
RECOMMENDATION:
Alternative #1.
ACTION REQUIRED:
A motion by the Planning Commission to recommend that the City Council adopt 'the Zoning
Ordinance and City Code amendments as proposed or with changes directed by the Planning
Commission.
A separate motion to close the public hearing is also required.
Staff will notify neighbors of hearing.
A recess was called a~ 10:16 pan.
~V- cI'rY CODE AND ZONING ORDINANCE - PUBLIC FrF~G
The Public Hearfiag was called to order at 10:22 p.m.
~ Plann~ Deb Gatro~ ptmented thc Planning Report dated February 13, 1995 to consider six
~tS to the Cky Cod~ and Zoning ~c~ as follows:
.
.
.
Add provisions to allow the City of Prior Lake to initiate comtm~hemive rezoning of a substantial
part of the City which consists of not less than fil~ (50) lots of platted area or five (5) acxes of
n-p!u~d area in order to conform to changing conditiom. The proposed amendmmt would
~abli.qh ~ for. public hearing notification; adoption; publication; and nmp requiremmts
to imple~t comprehemive rezoning actions.
Add provisions which weuld require the City of Prior Lake to file certified copies of all conditional
use permit and variance actions with Scott County.
C"lmnge the notification requirement for Armn~ts to the Zoning Ordinance from property
owner's name and address with/n three hundred (300) feet to three hundred fif~ (350) feet.
.
.
A "house~ing amendment" is proposed to add a section heading for Landscape Requiremenm
and renumber subsequent sections under Txle 5-5-I0 of the City Code and Chapter 6 - General
Regulations of the Zoning Ordinance.
A "housekeeping amendmmt" is proposed to relocate "Driveway" provisions from the Gene~
Requkem~nts section to the Offstreet Parking requirements of the City Cole and Zoning
Ordinmce.
,
A "housekeeping amendment" is proposed to make minor mm amendments and to the Business
Park zonin~ stan~ such as to change the name of the Business Park Zoning District from I-1,
Business P-ark to B-P, Business Park within the tex-t of the Zoning Ordinance and on the official
Zoning Nip.
Tlw, re were no comrmnts from the public and the Commissioners supported the recomn~nOfion.
·
·
MorION BY KL~AII., SECOND BY LOFTUS TO APPROVE THE AMENDMEqTS AS
P~.
Votes taken sign/fled ayes by Kuykendnl!, Loftus, Arnold, Roseth and Vonhof. MOTION CARRIED.
MOTION B Y ARNOLD SECOND B Y LOFTUS TO CLOSE PUBLIC HEARING.
Votes token signified ayes by Arnold, Lofms,. Kuykendall, Roseth and Vonhof. MOTION CARRIED.
ITEM VI - CITY CODE AND SUBDIVISION ORDINANCE TO ADD SIDEWAH<S - PUBLIC
The public hearing was caned to order at 10:34.
PLANNING COMMISSION
Febn~ry 13, 1995
Page 4
14:8 ADMINISTRATION
affected property and property situated wholly or partly wi~.l,i,~ 31~0 feet of the
proper~y ~o which the ~endr~ent; rela~es. For the purpose of ~ m-iled
notice, the person responsible for m,i]i~g the notice m~y use the records of
the CounL-y Auditor of Hennepin Coun~;y or any appropriate records to
determine the ~-mes and addresses of owners. A copy of the notice and a list
of the owners and addresses ~o which the not~ce w~ sent shall be a~ested to
by the responsible person and shall be made a part of the record of the
proceeai~. The failure ~o ~ _~,iled notice ~o individ~_~! property owners,
or defect~ in the notice shall not invalidate the proceeding, provided a bona
fide attempt to comply with thi.~ subsection has been made. Proof of service
st~ll be m-de by the ai~davit of ~he persons serv~g s-r~e and shall be filed
with the City Clerk
The Co,~i~ioner of the Department of Na~ral Resources shsll be notified
at least ten days in advance of the public hearing of any request to amend the
bounS_-ries of the FW, FF, AND FD districts.
'F~V, FF, or FD boun~daries shall not be -~ended ,~Iess the City provides
aclequ~te i~formation ~o ~e Commissioner of ~e Dep~en~ of Na~
Reso~ces ~ ~e m.p ~ ~ e=or or ~e ~ ~e ade~tely pro~e~ed ~om
Ce
PtearinR~. A~ the time set for the hearing, the City Council shall hear
ar~,~ents for and ag~i,~.~t the proposed change, and ~-y continue the hearing
from time to time not exceeding sixty (60) days from. the original date
specified in the notice of hearing. If a hearing is continued more
than once, another notice shall be given in accordance with Section
14:$-4.2(B). Final vote on the proposed change shall be taken within
the sixty (60) days, unless an extension of time is agreed to by the
applicant. If the hearing is continued more than once, renotice to the
public shall be required.
Zo~i~ Te= Chanles. A zoning te~ change shall require published notice of
the public hearin~ for ~vo (2) consecutive weeks as required in Subsection B
~bove.
me
Fees For Rezo,~i,~. and Amendments to the. Te~. No application for change
in the bounS,~ies of any zo,~i,~g district or for change in the te~ of the Zo-i~g
Or~!,~-,~ce shall be filed until the person r~ld~ the request has paid to the
City Treasurer a fee which has been set by Resolution of the City Council
If the City pt.~i~g Com,~i.~sion initiates proceeai,~ for rezo,~i,~ and te~
_ _ m ..... ~ ~enJ~en~s, ~e Co~' ~y req~e ~at su~ pa~ent be ~de by o~ers
' ~0~ o~ prope~ ~volved before ~
~ I~SEC~ON 14:~.3 SPEC PRO
~enever the P]~~= Corn 'ssion, ~ its ~D~ci~ or ac~ on refe~ fro~ the
334
14:8 ADMINISTRATION
City Council, recommends a comprehensive rezo~_= of a substantial part of ~e City
which consists of not less than ffff~ (50) lots of platted area or five (5) acres of
unplatted area in order to conform to chau~ condit/ons, the City Council may
.make all or a part of t/mt recor-r~endat/on effective by -r~en~ent to th/s Ord~-~ce.
In such a case, the provisions of Section 14:8-5.2 shall not be applicable; but the
procedure flor such ~r~en~r~-nt sh,n be as follows:
Maps. A map shall be prepared and flied in the or,ce of the City Clerk, which
shows ali streets and lands in the area proposed to be rezoned in suf~cient
detmil to permit each pla~ed lot and each parcel of ground to be identified by
the Zo,~g Ord~,~-,~ce et-.~ificat/on ~ed and si/Zo,~,g re~/afions which
will be applicable to them if the proposed ~r~en~ment for rezo,~i~g is adopted.
B.
Pl-~i~g Cor~mi~sion He~ The p],~r~i~g Cor~r~ssion shall hold one
public hesrin~ in a ~-~er described in Sect/on 14:8-4.1(A) prior to r~,~g a
recom,~endat/on for a Comprehensive Rezo~g to the City Council.
Ce
Not/ce The City Clerk shall publL~h not/ce in at least ~.~ree (3) weeMy issues
of the offi~m newspaper on the proposed rezo,,;~g ,r~enJ~ent. The hesrin~
shs//be held not less than ten (10) or more ~ fifteen (15) days after the last
publicat/om
D.
City Council Hesr/n.~ The City Council shall meet and conduct a public
hear/rig upon the proposed rezoning -,~endment at the time and place
specified in the not/ce. The hesrin~ ~y be adjourned fi.om ~me to ~me by
the City Council, but it shall not be continued more than ninety (90) days
fi.om the date of the origami hearing.
E.
Adopt/on The City Council shall act upon the proposed rezo,~*~g not less than
seven (?) days nor more than sflxty (80) days after the hearing has been closed.
A two thirds (2/3) vote of all members of the Council shall be required to
adopt any ~,~enSment to the Zo~g Ordinance. The City Council m~y alter
the ~r~enS,~ent proposed, but if the alter~t/on results in a mo,~ca~/on of the
zo,~ ~,~p filed at the ~r~e of the first public, t/on of not/ce of the hearing, it
shall not be ~-de un~il ten (10) days after not/ce has been ~iven by re~-,istered
marl to the owner of the property to be zoned that an ~endment is being
considered and may be adopted which is different fi'om that shown on the
zo,~ nmp filed in support of the requested zo,~g chan~e.
F.
Publication If an Ordinance is adopted which provided for comprehensive
rezo~g even though less than the entire City is affected, the City Council
sh~ require tha~ new zo~ m~ps be prepared showing the zoning district
boundaries ai%er adoption of the comprehensive ~r~endment. Those maps
sh~] be published as part of ~he publicat/on of the OrS~,~ce ~r~enSmen:.
The zo~,~g Ord*~ce need not describe the ~racts of land included in each
zoniug district in any way other than by reference to the zoning maps
required by this Sect/on.
335
types of developments, including planned un/t developments, and ~ land devel~
applicam tha~ the standards and criteria stated in the ordinan~ will be saris/led. The
standards and criteria shall include both Seneral requirements for ail conditional uses,
and insofar a~ practicable, requirements specific to each desi~t~ conditional use.
Subd.. 2. P~c hesrin~ Public hearin~ on the/rantin~ of conditional use per-
mits shall be held in the manner provided in section 462-~$7, subdivision 3.
Subd. 3. Duratioa. A conditional use permit shall remain in effect as long as th~
conditions a/reed upon are observed, but nothing in this section shall prevent the
municipality from enacting or amending official controls to e~,$e the stalus of'c~ndi.
tional us=. -' ' .' - . .
· ~ ..... :.~__ ,:_. :_ L'ff .... ~-, .~f,~_-~r o~ u_.u.es o~me county or counties in which
Hism~ '1982 c ~07 ~ 2f
4623597 ~ USES.
· . o
Subdivision 1. Defini~on. An 'interim use" 'is* a teml~orary use of property until
a parti~ar date, until the occurrence of a par!iaflar event, or until zoning re~flafions
no longer permit it. -....
Subd. 2. Anthor/ty; zoning regulations malt permit the govem/ng bcd}' {o allow
interim' uses. The regulations may se~ conditions on interim uses. The govern/hi body
may grant permi~_~/on for an interim use of property/fi .
(1) 'the usc conforms to the zoning regulations; -.
(2) the date o~' event that will term/hate the use can be identified with certainty;'
(3) perm/ss/on of the use w/il not hnpose add/tonal coszs on the publ/c Mit is nec-
essary for the publ/c to take the property in the fumr~;, and
for permian/on of the usc. ·
: ~ - ,
·
.: Subc~ ~. Public hesrin~. Public hearinss on the sranting of intesm u~ permits
.~ shall be held in th, manner provided in section 462.357, subdivision 3. -
....
462.36 CKR'I3lrIED COPIES FILED WITH COUNTY RECORDER. · ·
map,' or regulation adopted under the provisions of sections 462.358, 462.559, and
462.3595 shall be flied with the count,/recorder of the county or counties in which th6
municipality adopting it is Iocated. A c~'tiiied copy of every variauce to absu-a~ or rug-
is,cred property granted under section 462.358 shatl be filed with thc county recorder
or the registrar of titles of the county or counties in which the municipality granting
/t is located; except that the requirement to file a variance/s mt/stied ifa certified copy.
of' the resolution citing the existence of the variance is flied idenfifT~g the location
where the variance documents are 'a,ailable for inspection. Ordinanc~ resolutions,
maps, regulations or wariances flied pursuant to this subdivision do not 'constitute
encumbrunc,.-,s on real property. The order issued by the $over~ing body 'or board of
appeals and adjustments ~s the case may be, shall include the lel~l description' of
property involved. Failure to file an ordinance, resolution, rap, retpilation, varian~
or order shall not affect its validity or ~U'orc~biliry.
..
Subd. 2. F'ding with contiguous planning ~thorifles. A copy of a comprehensive
plan adopted by a planning a~ency under the provisions of sections 462.351 to 462.36,$
shall be filed with the govemiug body of each contiguous municipality and with the
~9
regional plan
is located.
Subd. 3
land within.
the ~ovemfl:
mubdi~on -
tions shall b;
History:.
c 187 s I;
462~361
Subdivi?
lafion, dec/si
pursuant to.
derision or c
the provision
Subd. 2.
palky may
Or charter, or
have not
dies ~I~ it
462.362
A munic
I'e~Llla~.o ns ac
ton thereof.
462.364 or o:
other approp~
~c~t
s~om ~62.2
of 1887, ~F
~y m~
~p~ 566
~p~ 566 ur
~a:Z.~S'/ PROCEDURE FOR PLA~ EFFECTUATION; ZONING. .'
Subdivision 1. ~,uth°rit~ for zonin~ For the purpose of promo~u$ the'
health, safety, morals, and/~neral welfare, a mum'cipalit~ may by ordinance
on the car~'s surface, in the air space above the su.,'fa~, and in subsurface arca~
location, hell/hr, width, b-il~; ~ of foundation, number of stories, size
and other smmmres, ~hc percentage of lot which may .be occupied, the size of'
ol~Jler Opell space, thc density and disl;n'bufion of population, the uses
mucnu~ for u-adc, indusu'y, residence, recreation, public activities, or other
and the uses of land for uade, indumT, residence, recreaton, airiculmre, forcsuT, mil:
conservation, wamr.~pl¥ con.serva~ion, conscrvaton of shorelands, as defined in
fions 1031r-201 ~ 10$1rJ-/I, access ~o direc~ sunli~t for solar ener~
in sec~on 216C.06, flood control or other purposes, and may cs~abli~ s~andards .
procedures rep~tns such uses. No resulafion may prolu'bil =anh shdmred consu~
ton as defined in sec~on 216C.06, subdivision ~ rdocaled residential buildings, or
mannfacntred homes built in conformance with secto~ 31l?.31 w 32?.35 r/mt comply
with all other zo~inS ordinances promul~aled purs,,~t w ~ secton. Thc re.clarions
may divide the surface, above ~ and subsurfa~ areas of thc municipalit7
disuicu or zones of suitable number~ shape, and area. The resulatons shall be uniforn~
for each class or kind ofbuildin~s, m'u~ or land and for =ach class or kind of usc
gu'ou~oul: such disu4c~ but the r~mlafions in one disu'i~ may differ from ~hose in
other disuicu. The ordinance =nbodl4nS these rr~datons shall be known as ~e zon-
ins ordinance and shall consis~ of ~x~ and mal~ A cit7 may by ordinance ex~d the
application of i~s zonin$ re~agafions u~ ,r.i~corporaled len4tory Iocaled wiflfin ~wo
miles of i~s ~ir.i~s in any direction, bin not in a count~ or wwn which has adopled zon-
ins re~u~fionx; provided that wher~ ~ or more nonconfi~uous municipalities have
boundaries less th,an four m~es apart, each is aul:horized ~o conu'ol the zoninl of land
on its side of a line cquidistanl bet~veen the two nonconfi~uous municipalities u~less
a wwn or county in the affecr~ area has adopted r.o,~i,~S reductions. Any dt~ may
~/=reafler enforce such relp~fions in the ar=a ~o the ~,~¢ cx~nt as if such propert7
were siruau.-d wi~hi~ i~s corporaIe limi~.~, until the count%, or wwn board adopts a com-
pr~¢nsive zo,~i~t re~fion which includes thc ar~.
Subd. 2. Genersl requimmenm. At any time after the adoption of a land use plan
for the municipality, the pl~..in~ a$cncy, for the purpose of carr~$ out the policies
and toals of the land use plan, mai' prepare a proposed zonin$ ordinance and submit
it w the tovcr-i,~S body %vith i~s recommendations for adopton. Subjecl w thc require-"
menls of subdivisions 3, 4 and 5, the tovernin$ body may adop~ and amend a zonin$
ordinance by a t~,o-dgrds vote of all i~s mcmbcm. If the comprehensive municipal plan
is in confllct with the zonini ordinanc=, the zonint ordinance supersedes the plan.
Subd. 3. Public besting. No zo~h~t ordin~ or amendment thereto shall be
adopted until a public hearin~ has been held thereon bl, the pl~,~r~int atency or by the
gove~miu~ body. A notice of the time, place and purpose of the h=arin~ shall be pub-
lished in the official newspa~ of thc municipality at Ica.st ~en days prior to the day of
the hearing. When an amendment involves cha~tes in disu4c~ boundaries aff~:~ins an
ar~ of five aer~ or less, a similar notce shall be mailed at leas~ len days before ~he
day of the h=arin$ ~o =ach owner of affecr~ property and property simaled wholly or
partly wi~i,~ 350 feel of the proPer~ ~o which the amendment relates. For the purpos~
of ~ivin$ mailed notice, the person responsfble for mailing the notice may usc any
approp~ records to de-,ermine thc names and addr~es 'of owncr~. A copy of
notce and a ~ of thc owners and addresses ~o which the notice was sent shall be
at~.ested ~o by the responsible person and shall be made a par~ of the records of ~e pro-
c~.~i~s. The failur= ~o ~ive mailed notce ~o indi'~idual propert7 owners, or dcfccu '
in thc notce shall not invalidate'the p~~s, provided a bona fide at~'.mpt to com-
ply wi~ ~hls subdivision has been made. . .
Subd. 4. Amendmenm. An amendmenl ~o a zonint~ ordinance may bc inifia~ed by
the tovcrninS body, thc plannini a~ency, or by petition of affec~d property owucrs as
defined in thc zonint ordinanc=. An amendment not initialed by the pl~,~i~t
be ac~c~
'~he da~e of
SubcL
s~on appl~'
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or
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NOTICE OF PUBLIC HEARING TO AMEND PRIOR LAKE CITY
CODE AND ZONING ORDINANCE 83-6
You are hereby notified that the Planning Commission will hold a public hearing in the Prior Lake City Council
Chambers at 16200 Eagle Creek Avenue S.E., on Monday, February 13, 1995 at 8:50 p.m.
The purpose of the public hearing is to consider proposed amendments to the Prior Lake City Code and Zoning
Ordinance 83-6 which are outlined as follows:
Add provisions to allow the City of Prior Lake to initiate comprehensive rezoning of a substantial part of
the City which consists of not less than fifty (50) lots of platted area or five (5) acres of unplatted area in
order to conform to changing conditions. The proposed amendment would establish procedures for: public
hearing: notification: adoption; publication: and map requirements to implement comprehensive rezoning
actions.
'9
Add provisions which would require the City of Prior Lake to file certified copies of all conditional use
permit and v:u'iance actions with Scott County.
.
Change the notification requirement for Amendments to the Zoning Ordinance ['rom property owner's
name and address within three hundred (300) feet to three hundred fifty (350) feet.
.
A "housekeeping amendment" is proposed to add a section heading for Landscape Requirements and
renumber subsequent sections under Title 5-5-10 of the City Code and Chapter 6 - General Regulations of
the Zoning Ordinance.
,
A "housckeeping amendment" is proposed to relocate "Driveway" provisions from the Gencral
Requirements section to the Offstreet Parking requirements of the City Code and Zoning Ordinance.
o
A "housekeeping amendment" is proposed to make minor text amendments and to the Business P~k
zoning standards such as to change the name of the Business Park Zoning District Rom I-1, Business Park
to B-P, Business Park within the text or' the Zoning Ordinance and on the official Zoning Map.
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, contact the Prior
Lake Planning Department at 447-4230.
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on January 28, 1995.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY ~MPLOYER