HomeMy WebLinkAbout08 01 2022 Section 1122 TC First-Floor Commercial Ordinance AmendmentOrdinance Amendment
Section 1122: Land Use Definitions and Conditions
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Reason for Request
Consider amendments to the definition of Dwelling, Multi-Family in City Code Section 1122, Land Use Definitions and Conditions
Multi-Family Dwellings are currently permitted in the R-3, High Density Residential district and permitted with conditions in the TC, Town Center district
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History
The Multiple Family Dwelling language has been amended several times over the past two decades
Ordinance No. 01-16 adopted by CC in December 2001 stated,
Multiple Family Dwellings. [Use Permitted With Conditions in TC] Conditions:
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 primary commercial
streets.
Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided.
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History (cont’d)
Ord. No. 121-10 adopted by CC in June 2021 stated,
Dwelling, Multi Family
Zoning District and Conditions:
Permitted in TC and R-3
This language unintentionally identified Dwelling, Multi Family as a permitted use in the TC, not use permitted with conditions, and unintentionally omitted the multi-family conditions
included in the previous definition
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History (cont’d)
City staff realized the 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 CC in October 2021.as Ordinance No. 121-15.
The current conditions are:
Dwelling, Multi Family
Zoning District and Conditions:
Permitted in R-3.
Permitted with conditions in TC with the following conditions:
Multiple family dwellings with their primary frontage on Main Avenue or Dakota Street must be in combination with another use.
Residential units shall not be located on the ground level or street level of the development.
Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided.
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History (cont’d)
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.
With this latest revision, conditions a. and b. were split from one condition to two separate conditions
This 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 Ave. and Dakota St.
During their June 20th work session, the CC directed staff to prepare a potential ordinance amendment for PC consideration to require a portion of all multi-family developments in the
TC district include first floor commercial space
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Proposed Amendments
The proposed amendments 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 TC district to a CUP
Includes a requirement that all multiple family dwellings in the TC district be in combination with a commercial use
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 requirement.
For the purposes of this subsection, the amendments define “prime commercial lot” as a lot that due to its location, street or highway frontage, access, visibility, size and/or other
features would be appropriate for commercial uses.
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Proposed Amendments
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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 front building façade
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 and a minimum of 15% of
the first-floor front building façade
Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc. are not considered
commercial uses.
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Policy for Amendments
Subsection 1153.209 (Policy for Amendments) of the Zoning Code states final determinations of the CC 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 Zoning 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 staff’s opinion, the proposed amendments will help accomplish the following purposes of the Zoning Code:
Protect the residential, business, industrial and public areas of the community 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 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 encourage downtown as a vibrant destination
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Recommendation
PC reviewed the proposed zoning code amendments on 7/25 and recommended approval on a 5-0 vote
If approved, 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
Motion and a second adopting an ordinance amending Section 1122 of the Prior Lake City Code and approving a resolution adopting the summary of ordinance and ordering its publication
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Questions
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