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HomeMy WebLinkAbout5I Transitional Town Center Ord. Amend Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 6, 2017 AGENDA #: 5I PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTION 1102.900, TC-T, TRANSITIONAL TOWN CENTER USE DISTRICT, OF THE PRIOR LAKE CITY CODE RELATED TO ADDITIONS AND IMPROVEMENTS TO PROPERTIES WITHIN THE TC-T USE DISTRICT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of an Ordinance amend- ing Subsection 1102.900, TC-T Transitional Town Center Use District, of the City of Prior Lake Zoning Ordinance relating to limiting additions to 50% of the current market value of the structure within the TC-T Use District. History The zoning ordinance related to the TC-T, Transitional Town Center Use District was adopted in 2009 in accordance with the 2030 Comprehensive Plan. The 2030 Comprehensive Plan stated that this was a special designation for the fringe areas of the historical and recognized Town Center. It was the intention for the properties to transition from a residential use to the town center land use desig- nation to allow for additional retail and service uses in the expanded Town Center area. As a result, the total amount of improvements to residential properties were limited to 50% of the current market value of the structures. Current Circumstances While general maintenance and interior remodeling are allowed for properties within the TC-T use district, large additions, beyond 50% of the structure market value, are currently prohibited. City staff is proposing the amendments to remove the 50% restriction based on comments received from residents within the TC-T Use District and direction received from the City Council, Economic Development Authority and Planning Commission during 2040 Comprehensive Land Use Plan discussions. 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: In the case of amendments to the formal text of this Ordinance: i. There is a public need for the amendment, or ii. The amendment will accomplish one or more of the purposes of this Or- dinance, the Comprehensive Plan or other adopted plans or policies of the City, or 2 iii. The adoption of the amendment is consistent with State and/or federal requirements. In city staff’s opinion, the proposed ordinance amendment will help accomplish the following Findings and Purpose of the Zoning Ordinance: i. Protect the residential, business, industrial and public areas of the com- munity and maintain their stability. ii. Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. iii. Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. iv. Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. The Planning Commission held a public hearing to consider the proposed amend- ments on October 23, 2017 and approved a motion (by a vote of five to zero) to recommend the City Council approve the amendments to Subsection 1102.900 of the Zoning Ordinance as proposed. ISSUES: Staff is recommending approval of the proposed amendments. ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve the Ordi- nance amending Subsection 1102.900 of the Zoning Ordinance. 2. Remove this item from the Consent Agenda for additional discussion. RECOMMENDED MOTIONS: Alternative No. 1. ATTACHMENTS: 1. General Location Map 2. Proposed Amendments to Subsection 1102.900 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 117-______ AN ORDINANCE AMENDING SECTION 1102, USE DISTRICT REGULATIONS OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO RELATED TO ADDITIONS AND IMPROVEMENTS TO PROPERTIES WITHIN THE TC-T, TRANSITIONAL TOWN CENTER USE DISTRICT THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. Subsection 1102.901 (4) is hereby deleted. 2. Subsection 1102.901 (5) and (6) are hereby amended by re-numbering respectively as Subsections (4) and (5). 3. Re-Numbered Subsection 1102.901 (4) a. is hereby deleted. 4. Re-Numbered Subsection 1102.901 (5) is hereby amended to remove the word “Existing” in the first bullet point. 5. Subsection 1102.904 is hereby amended to add the text “for commercial use” in the first sentence. 6. City Code Section 104 entitled “General Penalty” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 6th day of November 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor This Ordinance is to be published in the Prior Lake American on the 11th day of November 2017. TC-T, Transitional Town Center Zoning Use District 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 1102.900: “TC-T” TRANSITIONAL TOWN CENTER USE DISTRICT. The purpose of the "TC-T" Transitional Town Center Use District is to provide a special designation for the fringe areas of the historical and recognized downtown business area. Eventually redevelopment, stimulated in part by available City programs, should encourage the complete transition of this district to commercial uses which are compatible with the purposes of the Town Center. New development and redevelopment in the TC-T will only be permitted if it conforms to the uses allowed in the “TC” Town Center Use District (See Subsection 1102.800). 1102.901 Permitted Uses. Uses, whether commercial or residential, legally existing on June 1, 2009 may continue. The intent of this provision is to allow existing uses to remain and be maintained. To meet this intent, the following work is permitted: (1) Work required bringing existing structures into compliance with current building code; (2) Interior remodeling; (3) The addition of a 2-car garage, either attached or detached to residential structures. (4) Total additions to existing structures costing no greater than 50% of the current market value of the structures on the property. (5)(4) Existing residential uses may be converted to provide additional units. a. The conversion shall be limited to interior alterations of the existing structure. No additions or expansions of the existing structure are permitted. b.a. A minimum of two (2) parking spots per unit must be provided on the site. (6)(5) The following uses are permitted in the “TC-T” Transitional Town Center Use District, subject to the conditions set out for each use in Subsection 1102.800 and requirements in Section 1107 of the Ordinance. ➢ Existing Residential Structures ➢ Home Occupations ➢ Group Day Care/Nursery School ➢ Public Service Structures ➢ Utility Substation ➢ Appliance, Small Engine and Bicycle Repair ➢ Food Service ➢ Hotel/Motel ➢ In-Vehicle Sales or Service ➢ Medical and Dental Laboratories ➢ Copy Shop ➢ Restaurants and Clubs and Lodges Without Liquor Licenses ➢ Shopping Center ➢ Game Rooms ➢ Bed and Breakfast Establishments 1102.902 Home Occupations may be permitted accessory uses within a "TC-T" Transitional Town Center Use District subject to the property owner obtaining a Home Occupation Permit and the use is in compliance with all of the following conditions: a. The use must be consistent with one of the following uses permitted in the “TC” Town Center Use District. ➢ Offices ➢ Medical Offices ➢ Services b. All material or equipment must be stored within the residential structure and no more than 200 cubic feet of products, supplies or merchandise used to carry on the home occupation may be stored with the structure at any one time. c. The activity may not involve warehousing, distribution, or retail sales of merchandise produced off the site. d. No light or vibration originating from the home occupation may be discernible at the property line. e. Only equipment, machinery, and materials normally found in a home may be used to carry on the home occupation. f. Space within the residential structure devoted to the home occupation does not exceed 500 square feet or 20% of the floor area, whichever is greater. g. No portion of the home occupation is permitted within any attached or detached accessory building. h. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a Certificate of Occupancy. i. All home occupations shall be subject to an annual inspection to insure compliance with the conditions in this subsection. j. All applicable permits from other governmental agencies have been obtained. 1102.903 Uses Permitted By Conditional Use Permit. No structure or land in a "TC-T" Transitional Town Center Use District may be used for any of the uses listed below except by Conditional Use Permit. Conditional Uses must comply with the requirements of all the General Conditions provided in Subsections 1108.202 through 1108.204, with the Specific conditions imposed in this Subsection and with any other conditions the Planning Commission may impose that are intended to promote the health, safety, and welfare of the residents within the City to maintain the characteristics of a neighborhood. (1) Conversion of existing residential uses to commercial uses. may be permitted subject to approval of a Conditional Use Permit. a. The use must be consistent with the following uses permitted in the “TC” Town Center Use District ➢ Medical/Dental Offices ➢ Limited Retail, including Antique stores, Bookstores, Camera stores, Clothing or shoe stores, Florists, Jewelry stores, ➢ Offices ➢ Services ➢ Business Services b. The use must be located completely within the existing structure. No additions to the structure are permitted. c. The exterior of the existing building shall maintain the residential character of the structure. d. No more than one wall sign shall be permitted. 1102.904 Redevelopment of Existing Structures and Uses. Redevelopment of properties within the “TC-T” Transitional Town Center Use District for commercial use, consisting of new construction on a vacant lot, total removal of existing structures, or renovations of an existing structure costing more than 50% of the current market value, as defined by the County Assessor, shall not be permitted unless the property is rezoned to the “TC” Town Center Use District. In order to do so, the property must be adjacent to another property in the “TC” Town Center Use District. 1102.905 Dimensional Standards. Dimensional standards for uses in existence on June 1, 2009 in the “TC-T” Transitional Town Center Use District shall be the same as those standards in the “R-2” Medium Density Residential Use District in Section 1102.505 of the Zoning Ordinance.