Loading...
HomeMy WebLinkAbout4F Text Amendment_TC First-Floor Commercial 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: July 25, 2022 AGENDA #: 4F PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Consider Amendments to Prior Lake City Code Section 1122, Land Use Def- initions and Conditions, related to a requirement for first-floor commercial uses in Multi-Family Dwellings within the TC, Town Center Zoning Use Dis- trict DISCUSSION: Introduction The purpose of this public hearing is to consider amendments to the definition of Dwelling, Multi-Family in Prior Lake City Code Section 1122, Land Use Definitions and Conditions. If approved by the City Council, the amendments would require first-floor commercial uses in Multi-Family Dwellings within the TC, Town Center Zoning Use District. History Multi-Family Dwellings are defined in City Code Subsection 1122.300 as, “A building that includes three or more dwelling units where dwelling units are con- figured in part vertically above and below other dwelling units.” This use is cur- rently permitted in the R-3, High Density Residential district and permitted with conditions in the TC, Town Center district. The Multiple Family Dwelling language has been amended several times over the past two decades. Ordinance No. 01-16 that was adopted by the City Council in December 2001 states, Multiple Family Dwellings. [Use Permitted With Conditions in TC] Conditions: a. Multiple family dwellings with their primary frontage on Main Avenue or Dakota Street must be in combination with another permitted use, as specified in Subsection 1102.804. Residential units shall not be located on the ground level or street level of the development. This is in keeping with the objective of promoting commercial pedestrian traffic on the pri- mary commercial streets. b. Safe and adequate pedestrian access to open space, plazas and pedes- trian ways must be provided. During 2020 and 2021, the City of Prior Lake completed a major revision of the zoning code. The language below was adopted by the City Council in June 2021 by Ordinance No. 121-10. This language unintentionally identified Dwelling, Multi Family as a permitted use in the Town Center, not use permitted with conditions, and unintentionally omitted the multi-family conditions included in the previous definition. 2 DWELLING, MULTI FAMILY A. Definition: A building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units. B. Zoning District and Conditions: 1. Permitted in TC and R-3. City staff realized this error of unintentionally identifying Dwelling, Multi Family as a permitted use in the Town Center district and omitting the conditions, so staff proposed an amendment which was approved by the City Council in October 2021.as Ordinance No. 121-15. The current definition and conditions are: DWELLING, MULTI FAMILY A. Definition: A building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units. B. Zoning District and Conditions: 1. Permitted in R-3.  2. Permitted with conditions in TC with the following conditions: a. Multiple family dwellings with their primary frontage on Main Avenue or Dakota Street must be in combination with another use. b. Residential units shall not be located on the ground level or street level of the development. c. Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided. With this latest revision, condition a., which previously stated dwellings with their primary frontage on Main Avenue or Dakota Street must be in combination with another permitted use and residential units shall not be located on the ground level or street level of the development was split from one condition to two sepa- rate conditions. This has led to some confusion when interpreting the ordinance because it is not clear if condition b. applies to all multi-family dwelling units in the Town Center district, or just those units along Main Avenue or Dakota Street. Current Circumstances During the City Council work session on June 20, 2022, the Council directed staff to prepare a potential ordinance amendment for Planning Commission consider- ation to require a portion of all multi-family developments in the Town Center dis- trict include first floor commercial space. The attached language proposes to keep multi-family dwellings as a permitted use in the R-3, High Density Residential district, but change multi-family dwellings from a use permitted with conditions in the Town Center district to one that would require issuance of a conditional use permit following a public hearing and review by the Planning Commission. The proposed amendments in the Town Center district include: ➢ A requirement that all multiple family dwellings in the TC district be in combination with a commercial use. ➢ For the purposes of this subsection, the amendments define “prime com- mercial lot” as a lot that due to its location, street or highway frontage, access, visibility, size and/or other features would be appropriate for com- mercial uses. 3 • For “prime commercial lots” the amendments include a requirement that commercial uses occupy a minimum of 60% of the building’s first floor (street level) area and a minimum of 85% of the first floor (street level) front building façade. • For buildings that are not located on a prime commercial lot, commer- cial uses shall occupy a minimum of 25% of the building’s first floor (street level) area and a minimum of 15% of the first floor (street level) front building façade. ➢ Residential lobby and management/leasing offices and residential amen- ity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc. are not considered commercial uses. ➢ The amendments include a minimum number of off-street private parking stalls at a rate of one and one-half (1.5) parking stalls per residential unit; previous zoning code language did not include a minimum parking re- quirement. Conclusion Subsection 1153.209 (Policy for Amendments) of the Zoning Code states recom- mendations of the planning commission and final determinations of the city coun- cil shall be supported by findings addressing the relationship of the proposed amendment to the following policies: In the case of amendments to the text of the Zoning Code: ➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of the Zon- ing Code, 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. In city staff’s opinion, the proposed amendments will help accomplish the follow- ing purposes of the Zoning Code: ➢ Protect the residential, business, industrial and public areas of the com- munity and maintain their stability. ➢ Promote the most appropriate and orderly development of the residential, business, industrial, and public land, and areas. ➢ Provide adequate off-street parking and loading facilities. The proposed amendments also meet the objectives of the City Prior Lake 2040 Vision and Strategic Plan, including intentional land use planning that facilitates commercial development for an expanded tax base and exploring ways to en- courage downtown as a vibrant destination. ISSUES: Staff is requesting the planning commission review the proposed zoning code amendments, provide any comments, and make a recommendation to the City Council. If approved by the City Council, the proposed amendment would make multi-family developments a conditional use in the TC, Town Center district and establish a minimum commercial requirement for all multi-family buildings in the TC district. ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Section 1122 of the Prior Lake City Code, as proposed or as amended by the Planning Commission. 4 2. Motion and a second to recommend the City Council deny the proposed amendments to Section 1122 of the Prior Lake City Code. 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. Section 1122 Proposed Amendments 2. TC, Town Center Zoning Use District Map 1122.300 LAND USE DEFINITIONS AND CONDITIONS DWELLING, MULTI FAMILY A. Definition: A building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units. B. Zoning District and Conditions: 1. Permitted in R-3.  2. Permitted with conditionsConditional Use in TC with the following conditions: a. Multiple family dwellings with their primary frontage on Main Avenue or Dakota Street must shall be in combination with another a commercial use. This is in keeping with the objectives of intentional land use planning that facilitates commercial development for an expanded tax base and exploring ways to encourage downtown as a vibrant destination. b. Residential units shall not be located on the ground level or street level of the development. b. Commercial uses shall occupy a minimum of 60% of the building’s first floor (street level) area for all buildings that are located on a “prime commercial lot”. For the purposes of this subsection, a prime commercial lot is one that due to its location, street or highway frontage, access, visibility, size and/or other features would be appropriate for commercial uses. i. Commercial uses shall occupy a minimum of 85% of the first floor (street level) front building façade facing a public street or highway. This requirement shall apply to all building facades facing a public street or highway. Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc. shall not be considered commercial uses. c. For buildings that are not located on a prime commercial lot, commercial uses shall occupy a minimum of 25% of the building’s first floor (street level) area. i. Commercial uses shall occupy a minimum of 15% of the first floor (street level) front building façade facing a public street or highway. This requirement shall apply to all building facades facing a public street or highway. Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc. shall not be considered commercial uses. d. The minimum number of off-street private parking shall be provided at a rate of one and one-half (1.5) parking stalls per residential unit. c. Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided.