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HomeMy WebLinkAbout4C Amendments to Prior Lake City Code Subsection 1101.400 PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 23, 2018 AGENDA #: 4C PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: AMANDA SCHWABE AGENDA ITEM: CONSIDER AMENDMENTS TO SUBSECTION 1101.400, DEFINITIONS, OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE ADDITION OF DEFINITIONS DISCUSSION: Introduction The purpose of this Public Hearing is to consider amendments to Subsection 1101.400, Definitions, of the City of Prior Lake Zoning Ordinance relating to the addition of definitions. History The City of Prior Lake Zoning Ordinance provides for the classification and regu- lation of uses and structures within the City. The Ordinance is divided into various subsections, many of which interrelate with other subsections of the Ordinance. Over time, changes to language in the City Code is necessary for clarification purposes. Current Circumstances The City of Prior Lake Code Enforcement Officer and Planning staff have identi- fied text within the existing zoning code which is not defined in Section 1101.400. Without clear definitions, enforcing the code can be challenging as it is left to interpretation which could result in reduced transparency and consistency. The proposed ordinance amendments include the addition of definitions for Com- mercial Motor Vehicle, Motor Vehicle, Opacity, Practical Difficulties and Retaining Wall. 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:  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. 2 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. Provide effective administration of this Ordinance and any future amend- ments to this Ordinance and prescribe penalties for the violation of its re- quirements. iii. 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. ISSUES: The City Attorney has reviewed 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 1101.400 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 1101.400 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 1101.400 Zoning Ordinance City of Prior Lake June 1, 2009 SECTION 1101 GENERAL PROVISIONS SUBSECTIONS 1101.100: Purpose and Intent 1101.200: Overview 1101.300: Rules of Construction 1101.400: Definitions 1101.500: General Provisions 1101.600: Districts Established 1101.700: Zoning Map 1101.800: Boundaries 1101.900: Uses Not Listed 1101.1000: Land Use Descriptions 1101.1100: Motorcycles EXCERPT 1101.400: DEFINITIONS. In addition to the definitions set forth below, subsection 1101.1000 defines specific uses as they relate to the Use District where they are permitted. Opacity. The degree of openness to which light or views are blocked measured perpendicular to the fence for each fence section between supports. The lower percentage of opacity allows more light or view between fence materials. Zoning Ordinance City of Prior Lake June 1, 2009 Practical Difficulties. Items property owner(s) identify when proposing to use a property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; as may be further defined by Minn. Stat. 462.357, Subd. 6. Wall, Retaining. A wall or terraced combination of walls used to provide barrier or restrain lateral forces of soil or other material and not used to support, provide a foundation for, or provide a wall for a building or structure. Vehicle, Commercial Motor. A motor vehicle greater than eight feet (8') in height or greater than twenty-two feet (22') in length, including, but not limited to: ambulances, boom trucks, box trucks, cargo trucks, dump trucks, farm implements, firetrucks, food trucks, hearses, limousines, semitractor trailers, stake trucks, tank trucks and tow trucks. Vehicle, Motor. (also referred to as vehicle) A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, motorcycles, tractors trucks. Motor Vehicle does not include any item defined as recreational equipment in the City Code or electric personal assistive mobility devices.