Loading...
HomeMy WebLinkAbout4G - New Zoning Ordinance MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MARCH 15, 1999 4G JANE KANSIER, PLANNING COORDINATOR DONALD RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION ~ 9tj-1S APPROVING A SUMMARY OF THE NEW ZONING ORDINANCE FOR PUBLICATION History: On February 16, 1999, the City Council adopted Ordinance 99-02, adopting a new comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake. State statutes require this ordinance be published in the official newspaper prior to its effective date. State statutes allow the City to publish a summary of this ordinance, upon City Council approval of the summary. The attached resolution outlines the purpose for this summary. Following adoption, the staff will conduct a series of workshops to familiarize interested parties with this document. Issues: The Council should determine whether the summary proposed for publication by the staff accurately reflects the key issues on the new Zoning Ordinance. Conclusion: The adoption of the attached resolution will allow publication of a summary ordinance, saving the taxpayers several thousand dollars in publication costs. FISCAL IMPACTS: Budeet Impact: The new Zoning ordinance is well over 300 pages in length. Publication of this ordinance in the Prior Lake American in its' entirety would cost $38,700 based on a cost of $129.00 per 8.5 by 11 page. Publication of the 5 page summary will cost $645.00.The publication of a much smaller summary results in savings of $38,055. AL TERNATIVES: There are three alternatives available to the City Council: 1. Adopt Resolution 99-XX. 2. Deny Resolution 99- xx. 3. Defer action on Resolution 99-XX for specified reasons. b:1NEWZONE\FINAJ,.,\CC31529.0.QC 1 162 U cagle CreeK Ave. ~.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDED MOTION: REVIEWED BY: L:\NEWZONE\FINAL\CC31599.DOC Motion and second to adopt Resolution 99- XX. 2 RESOLUTION 99-XX RESOLUTION ADOPTING A SUMMARY OF THE NEW ZONING ORDINANCE FOR PUBLICATION PURPOSES MOTION BY: SECOND BY: WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission, staff reports and other pertinent material pertaining to the comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake, and the testimony of interested persons at public hearings on October 5, 1998, November 2, 1998, and November 16, 1998; and WHEREAS, Prior Lake Zoning Ordinance #83-6 and Sections 5-1-1 through 5-8-12, 5A- 1-1 through 5A-I-12, 3-9-1, 3-10-1 through 3-10-9, 4-5-1 through 4-5-13,4- 7-1 through 4-7-6,4-3-1 through 4-3-8 and 4-6-1 through 4-6-5 of the City Code are hereby repealed; and WHEREAS, On February 16, 1999, the City Council adopted Ordinance 99-02 adopting a Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake, and setting forth specific findings of fact; and WHEREAS, Minnesota Statutes requires publication of the Zoning Ordinance in the official newspaper; and WHEREAS, Minnesota Statutes also allow the publication of a summary of this ordinance; and WHEREAS, the City Council has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the City Council approves the following summary of the new Zoning Ordinance adopted by Ordinance 99-02, and authorizes publication of the following summary: SUMMARY OF ORDINANCE 99-02, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF PRIOR LAKE The comprehensive Zoning Ordinance for the City of Prior Lake is a new zoning ordinance and is intended to regulate and guide current and future development in the City. The ordinance consists of twelve major sections as follows: Section 1 Section 2 Section 3 General Provisions Use District Regulations Overlay Districts 16200 ~~g'~~~~Wl}\~3?~'E:~'l'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61Z,8447-4245 AN EQUAL OPPORTUNITY EMPLOYER -,- - ...-... ._,.._-'---'-------.- Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Shore land District Regulations Flood Plain District Regulations Planned Unit Developments General Performance Standards Conditional Use Permits, Variances and Amendments Administration Procedures Communication Towers Adult Uses Official Maps The following is a summary of each major section of the ordinance. Section 1: General Provisions. In this section, the City Council finds it necessary to establish minimum requirements to protect the public health, safety, morals, comfort, convenience and general welfare of the people. The Ordinance divides the City into land use districts and establishes regulations which control the location, erection, construction, reconstruction, alteration and use of structures and land. This section also contains the rules of construction which govern the application and interpretation of the various provisions of the Ordinance, and it defines and illustrates, where applicable, the terms and abbreviations used in the Ordinance. This section also contains general regulations which apply throughout the community relating to lot provisions, yard encroachments allowed, fences, traffic visibility, pedestrian access, modification to height limits, grading and filling, and provisions for temporary land uses. Section 2: Use District Regulations. This section contains the requirements for twelve Use Districts in the City. These districts are: A Agricultural R-S Rural Subdivision Residential R-l Low Density Residential R-2 Low to Medium Density Residential R-3 Medium Density Residential R-4 High Density Residential C-l Neighborhood Commercial C-2 Community Business C-3 Specialty Business C-4 General Business C-5 Business Park I -1 General Industrial In each district, specific land uses are permitted, permitted with conditions, permitted with conditional use permits, permitted through the Planned Unit Development process, or permitted as accessory uses. The Use District regulations also specify specific performance standards which must be met, as well as dimensional standards including lot area, lot width, building and parking setbacks, floor area ratio, and height limits. This section also includes general performance standards for the Residential Use Districts, the Commercial Use Districts and the Industrial Use Districts. The purpose of the "A" Agricultural Use District is to protect existing agricultural investments until such time as public utilities may be extended and there is a need for additional urban development. It is also intended to provide for larger lots to insure that the feasibility of future urban development is not compromised. 1: \n ewzon e \final\rs 99xxcc.d oc Page 2 The purpose of the "R-S" Rural Subdivision Residential Use District is to provide suitable areas for large lot development outside of the Metropolitan Urban Service Area identified on the . Comprehensive Plan. The emphasis in these areas is on single family residential development. The Use District provides for other uses which are compatible with the overall low density of these areas and which will serve the residential neighborhood. The purpose of the "R-2" Low To Medium-Density Residential Use District is to provide areas which are or will be developed with a mixture of residential dwelling types that are of an overall low to medium density. The purpose of the "R-3" Medium-Density Residential Use District is to provide for areas with a mixture of single family and two family dwellings at a higher density. The Use District also provides for other uses which are compatible with the development in the area and still maintain the overall medium density. The purpose of the "R-4" High-Density Residential Use District is to provide for multi-family residential uses of the highest intensity, along with supportive uses of similar intensity. The purpose of the "C-l" Neighborhood Commercial Use District is to provide for low intensity, service-oriented commercial uses for surrounding residential neighborhoods. Limits will be placed on the type, size and intensity of commercial uses in this district to insure and protect compatibility with adjacent residential areas. The purpose of the "C-2" Community Business Use District is to allow the concentration of general commercial development for the convenience of the public and mutually beneficial relationship to each other in those areas located away from residential areas designated by the Comprehensive Plan; to provide space for community facilities and institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modem commercial development, including off-street parking and truck loading areas; to minimize traffic congestion; and to carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts. The purpose of the "C-3" Specialty Business Use District is to provide for a variety of commercial uses within the framework of a traditional downtown area. The "C-4" General Business Use District is intended to provide an area for commercial uses which due to their size and characteristics are not appropriate to other business districts. These types of uses are generally larger and more intense, and are characterized by a greater need for parking, generation of larger volumes of traffic, greater signage and lighting. It is the intent of this Section to promote high standards of design and construction for business park uses in the City. These standards are set forth in order to enhance the visual appearance of each "C-5" Business Park Use District within the City, to preserve the taxable value of property and to promote the public health, safety and welfare. The "1-1" General Industrial Use District is intended to provide areas of the community which will allow general industrial uses which, due to their size and nature, would not conform to the "C-5" Business Park Use District. t: \n ewzone \final\rs 9 9xxc c .doc Page 3 Section 3: Overlav Districts. This section lists the 3 overlay districts allowed by the Ordinance. Overlay districts are Use Districts that encompass one or more underlying Use Districts and that impose additional requirements above that required by the Use District. Section 4: Shoreland Ref!ulations. This Chapter is adopted pursuant to the authorization and policies contained in Minnesota Statutes, chapter 1 03F, Minnesota Code of Agency Regulations, parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, chapter 462. The uncontrolled use of shorelands of the City of Prior Lake affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility is hereby recognized by the City of Prior Lake. Section 5: Flood Plain Ref!Ulations. The purpose of the Flood Plain regulations is to regulate development in areas subject to flooding in order to minimize the potential loss of life, property and health and to minimize safety hazards, disruption of commerce and governmental services and impairment of the tax base. Section 6: Planned Unit Develooments. The purpose of this section is to allow the creation of Planned Unit Developments that allow greater flexibility in the development of a parcel by tailoring the development to the site and neighborhood. This section outlines the Planned Unit Development process and criteria, the minimum requirements, and the allowed modifications. Section 7: General Performance Standards. This section contains rules and regulations which may apply to certain properties or certain types of developments in the City. These regulations fall into the seven categories as follows: A) Standards and requirements for the provision of of-street parking for each land use in the City are established. B) The size, location and type of signs are regulated based on the type of land use and the Use District in which it is located. C) Requirements for lighting and illumination levels are established to minimize the impact of light pollution on adjacent properties. D) Extensive standards for landscaping and bufferyards are established. The intent is to minimize the impact of higher intensity, typically nonresidential land uses on lower intensity, residential land uses. . E) Regulations and restrictions are established for the preservation, removal and replacement of trees in wooded areas within the City. These provisions apply to new development and to development on vacant lots. F) Standards for Architectural Design are established to promote a high standard of development in the City. G) Standards and regulations for properties, structures and land uses which do not comply with the terms of the Zoning Ordinance are established. This section 1 :\newzone\final\rs99xxcc .doc Page 4 establishes different categories of non-conformities and prescribes procedures dealing with the treatment of each type of non-conformity. Section 8: Conditional Use Permits. Variances and Amendments. This section establishes the criteria and the procedures for obtaining a conditional use permit and a variance. It also establishes criteria and procedures for amendments to the Zoning Ordinance, the Zoning Map and the Comprehensive Plan. Section 9: Administration Procedures. The purpose of this subsection is to outline the general administration procedures and provisions of this Ordinance. General administration functions deal with matters such as the interpretation of the ordinance, appeals of the decision of the Zoning Administrator or other appointed bodies, general notification and public hearing requirements, enforcement of the Ordinance, building permits, certificates of occupancy, application fees, and other administrative procedures. Section 10: Communication Towers. This section outlines the general requirements and restriction for communication antennas and towers within the City. Section 11: Adult Uses. In order to protect the City's community image, property values, public health, safety, welfare and business environment, the City has found it necessary to restrict which businesses may be located within the City, and to regulate certain businesses. Only those businesses with potential secondary impacts on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art. Section 12: Official Mans. This section defines Official Maps according to Minnesota Statutes, and establishes the procedures for the adoption of an official map. Passed and adopted this 15th day of March, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner {Seal} Frank Boyles, City Manager City of Prior Lake 1:\newzone\final\rs99xxcc.doc Page 5 .,....,- ................-.......-'---..'........--.