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HomeMy WebLinkAbout4D Recreational Equipment Storage PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 1, 2017 AGENDA #: 4D PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER AMENDMENTS TO SUBSECTION 1102.700, RESIDENTIAL PER- FORMANCE STANDARDS, OF THE PRIOR LAKE ZONING ORDINANCE RE- LATING TO STORAGE OF RECREATIONAL EQUIPMENT DISCUSSION: Introduction The purpose of this Public Hearing is to consider amendments to Subsection 1102.700, Recreational Performance Standards, of the City of Prior Lake Zoning Ordinance relating to storage of recreational equipment. History Recreational Equipment, as defined in the Zoning Ordinance, includes, but is not limited to, boats, boat trailers, boat lifts and rail systems, general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. The City of Prior Lake has established Residential Performance Standards which include regulations to ensure the orderly storage of recreational equipment on property at certain locations during on and off seasons. Current Circumstances The City of Prior Lake Code Enforcement Officer has identified a few concerns with the current ordinance language related to recreational equipment storage and has worked with the City Attorney to propose amendments which refine Sub- section 1102.700. The proposed ordinance amendments include language that requires all recrea- tional equipment to have a current license posted or displayed on the equipment and any recreational equipment which is not licensed and operable shall be con- sidered an accessory structure or junk. The proposed amendments also allow recreational equipment to be stored within 5 feet of a rear or side yard property line if screened by a fence which is at least 6 feet high. The ordinance also clar- ifies the definition of ‘riparian lot’ as it relates to this subsection of the ordinance. Conclusion Subsection 1108.600 (Policy for Amendments) of the Zoning Ordinance states, recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the pro- posed amendment to the following policies: 2 In the case of amendments to the formal text of this Ordinance: ➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan or other adopted plans or policies of the City, or ➢ The adoption of the amendment is consistent with State and/or federal re- quirements. In city staff’s opinion, the proposed ordinance amendment will help accomplish the following Findings and Purpose of the Zoning Ordinance: i. Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. ii. Enhance the aesthetic character and appearance of the City. ISSUES: The City Attorney has drafted the proposed amendments and staff is requesting the Planning Commission review and recommend the City Council approve the amendments, as proposed or as may be further amended by the Planning Com- mission. ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Subsection 1102.700 of the Zoning Ordinance, as proposed or as may be further amended by the Planning Commission. 2. Motion and a second to recommend the City Council deny the proposed amendments to Subsection 1102.700 of the Zoning Ordinance. 3. Motion and a second to table discussion of the item to a future meeting date and provide staff with direction. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Proposed Amendments to Subsection 1102.700 Zoning Ordinance City of Prior Lake June 1, 2009 1102/p1 SECTION 1102 USE DISTRICT REGULATIONS SUBSECTIONS 1102.100: Residential District Regulations 1102.200: "A" Agricultural Use District 1102.300: "R-S" Rural Subdivision Residential Use District 1102.400: "R-1" Low Density Residential Use District 1102.500: "R-2" Medium Density Residential Use District 1102.600: "R-3" High Density Residential Use District 1102.700: Residential Performance Standards 1102.800: “TC” Town Center Use District 1102.900: “TC-T” Transitional Town Center Use District 1102.1000 "C-1" Neighborhood Commercial Use District 1102.1100: "C-2" General Business Use District 1102.1200 “C-3” Business Park Use District 1102.1300: Commercial Restrictions and Performance Standards 1102.1400 “I-1” General Industrial Use District 1102.1500: Industrial Performance Standards 1102.1600: Expansion of a Nonconforming Restaurant Use EXCERPT 1102.700: RESIDENTIAL PERFORMANCE STANDARDS. No structure or premises within any "R" Use District shall be used for one or more of the following uses unless its use complies with the following regulations: (1) All trash, garbage, waste materials, trash containers, and recycling containers shall meet parking setbacks and shall be stored in a manner provided in the City Code. (2) No vehicle shall be stored, displayed, parked or allowed in any of the required yard or landscaped areas; except as permitted by subsection 3 below, or by Subsection 1107.204 (12). (3) The intent of this ordinance is to allow for the orderly storage of recreational equipment on property at certain locations during on and off seasons. During off season times, the equipment shall be located in the most visually inconspicuous portion of the lot as viewed from the front, or from the street. Currently licensed and operable winter recreational equipment may be parked on or adjacent to a driveway on a lot in the “R” Use District from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a “R” Use District from April 1 to November 1 each year. In addition to all other requirements, all Zoning Ordinance City of Prior Lake June 1, 2009 1102/p2 recreational equipment shall have the current license posted or displayed in a visible manner on the equipment. Any recreational equipment which is not both currently licensed and operable shall be considered an accessory structure regulated pursuant to (8) below or as junk regulated pursuant to City Code Section 606. At all other times, recreational equipment shall be stored in the rear or side yard. For purposes of this section, side yards shall also include areas extending from the principal house structure, using lines parallel to the sides of the house extending to the rear and front yard lines. In no case shall recreational equipment be parked in the front yard, unless an exemption is granted by the Zoning Administrator identified in this section. Recreational equipment shall be set back a minimum of 5 feet from the rear or side yard; except that recreational equipment may be stored within 5 feet of a rear or side yard line only if screened by a fence located on the lot which fence is at least 6 feet high and is in compliance with City Code Section 1101.504. If topography or other natural conditions of the lot do not allow for the storage in the side or rear yards as permitted above, the recreational equipment may be parked in an alternate, but most inconspicuous, location of the lot subject to written approval of the Zoning Administrator. No encroachment of the equipment shall occur into the public right-of-way. No recreational equipment may be parked in “R” Use Districts that does not have the same ownership between the equipment and any family member occupying the property. A house being rented shall only allow storage of recreational equipment owned by the person(s) renting the principal structure. For riparian lots without a principal structure, recreational equipment shall be located between the Ordinary High Water Elevation, and a line no more than 30 feet from the Ordinary High Water Elevation and no less than 5 feet from the side lot line. For purposes of this paragraph only, “riparian lot” shall include only those lots which abut a body of water and shall not include lots which are separated from the water by a dedicated waterfront as defined by City Code Section 1101.1000, a controlled access lot as defined by City Code Section 1101.1000, or any other parcel of property. (Ord. Amend. 114-01, publ. 1/18/14) (4) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single family or two-family houses. In addition, any new service to an existing building other than a single family or two-family dwelling shall be placed underground. (5) All access roads shall have a poured-in-place concrete curb measuring at least 6 inches above and below the grade in all developments except developments of single family or two-family dwellings. (6) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single family or two-family dwellings. Zoning Ordinance City of Prior Lake June 1, 2009 1102/p3 (7) All single and two family homes shall: a. Be built on a permanent foundation; b. Be connected to the City sanitary sewer and water unless exempted under the provisions of Subsection 1101.505; and c. If the home is a manufactured home, it shall: ➢ Have a permanent, completely enclosed foundation constructed around the entire circumference of the structure and which complies with the State Manufactured Home Building Code. ➢ Meet the standards and be certified by the U.S. Department of Housing and Urban Development. (8) Accessory Structures. a. General requirements. Accessory uses and structures shall comply with the following standards and all other applicable regulations: ➢ No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. ➢ The accessory use or structure shall be incidental to and associated with the principal use or structure. ➢ The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. ➢ The accessory use or structure shall be located on the same zoning lot as the principal use or structure except for accessory off-street parking and loading facilities and as defined in Section 1101.501 (d), and subject to the provisions of Section 1107. b. Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall apply: ➢ Pole building structures are prohibited, except in the “A” Use District. ➢ Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is structurally connected to the principal structure or located 6 feet or less from the principal structure. Such structures shall be subject to the provisions of this Ordinance applicable to principal structures including, but not limited to, setbacks, building height, and other dimensional requirements. ➢ Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: 1. The total ground floor area of all detached accessory structures located on a single residential property in the R-1, and R-2 Use Zoning Ordinance City of Prior Lake June 1, 2009 1102/p4 Districts shall not exceed 1,000 square feet or 30% of the rear yard. 2. The total ground floor area of all detached accessory structures in the R-4 Use District shall not exceed 30% of the rear yard. 3. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth in Subsections 5, 6 and 7 below if more restrictive. (Ord. Amend. 114-01, publ. 01/18/14) (Ord. Amend. 116-08, publ. 04/30/16) 4. Maximum height shall not exceed fifteen (15) feet as measured from the mean grade level at the front face of the accessory structure to the top of the parapet or rooftop equipment, whichever is higher, of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. 5. Detached accessory structures shall be located to the side or rear of the principal building, and are not permitted within the front yard or within a side yard abutting a street except as provided in subsections 6 and 7 below. 6. No detached accessory building erected to the side or rear of a principal building on a corner lot shall be located within 25 feet of any property line abutting a street. 7. No accessory structure may be located in any public right-of-way or public easement except by consent of the City Engineer or his/her designee. (Ord. Amend. 114-01, publ. 1/18/14) 8. On riparian lots in the Shoreland District, one (1) detached accessory building designed and used as a garage may be located between the front building wall and the street or private road providing access to the lot subject to the following conditions: ▪ The accessory building must be located so that it meets all front yard requirements of a principal structure. ▪ The accessory building must be compatible in design and materials with the principal structure. ▪ The accessory structure may be used only for storage of vehicles and other equipment incidental to residential uses. ▪ There shall be no home occupations or other nonresidential use of the building. ▪ The accessory structure must meet all other requirements of subsection 1102.700(8).