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HomeMy WebLinkAbout5J Definitions Ord. Amendment Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 7, 2018 AGENDA #: 5J PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTION 1101.400, DEFINITIONS, OF THE PRIOR LAKE CITY CODE 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 City Code 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 city 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 City Code states, recom- mendations 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 Or- dinance, 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 requirements. 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. The Planning Commission held a public hearing to consider the proposed amend- ments on April 23, 2018 and approved a motion (by a vote of five to zero) to recommend the City Council approve the amendments to Subsection 1101.400 of the City Code as proposed. State Statute allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance. ISSUES: The City Attorney has reviewed the proposed amendments and staff is requesting the City Council review and recommend approval of alternatives 1 and 2 below, approving the amendments as proposed, or as may be further amended by the City Council and approving the resolution adopting the summary of ordinance to be published. FINANCIAL IMPACT: City staff does not anticipate financial impacts related to the proposed ordinance amendment. ALTERNATIVES: 1.Motion and a second, as part of the Consent Agenda, to approve the Ordi- nance amending Subsection 1101.400 of the City Code as proposed, or as may be further amended by the City Council and to approve a Resolution adopting the Summary of Ordinance and ordering the public. 2.Remove this item from the Consent Agenda for additional discussion. RECOMMENDED MOTIONS: Alternative No. 1 as part of the Consent Agenda. ATTACHMENTS: 1.Proposed Amendments to Subsection 1101.400 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 118-______ AN ORDINANCE AMENDING SUBSECTION 1101.400, DEFINITIONS, OF THE PRIOR LAKE CITY CODE RELATED TO THE ADDITION OF DEFINITIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City of Prior Lake Zoning Ordinance Subsection 1101.400, Definitions of the Prior Lake City Code is hereby amended by inserting the following definitions: 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. 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, semitractors and/or semitractor trailers, stake trucks, tank trucks and tow trucks. Page 2 of 2 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, and trucks. Motor Vehicle does not include any item defined as recreational equipment in the City Code or electric personal assistive mobility devices. 2. 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 7th day of May 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor A summary of this Ordinance is to be published in the Prior Lake American on the 12th day of May 2018. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 118-_____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing regarding amendments to Subsection 1101.400, Definitions of the Prior Lake City Code, related to the addition of definitions on April 23, 2018; and WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission, city staff reports and others pertaining to the City Code amendments; and WHEREAS, On May 7, 2018, the City Council adopted Ordinance 118-____ amending Subsection 1101.400 of the Prior Lake Zoning Ordinance; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and The City Council desires to publish a summary of the amendments to Subsection 1101.400 of the Prior Lake City Code related to adding definitions and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 118-____ is lengthy. 3. The text of summary of Ordinance No. 118-____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake website after May 8, 2018. 2 Passed and adopted by the Prior Lake City Council this 7th day of May 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 3 Exhibit A SUMMARY ORDINANCE NO. 118-___ AN ORDINANCE AMENDING CITY CODE SUBECTION 1101.400 DEFINITIONS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 118-____. The full text will available for public inspection after May 8, 2018 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance adds definitions for Opacity; Practical Difficulties; Wall, Retaining; Vehicle, Commercial Motor; and Vehicle, Motor and adopts Section 104 of the City Code entitled “General Penalty” in its entirety. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of May 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary Ordinance to be published in the Prior Lake American on the 12th day of May 2018. 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 and/or 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, and trucks. Motor Vehicle does not include any item defined as recreational equipment in the City Code or electric personal assistive mobility devices.