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HomeMy WebLinkAbout9D - Findings of Fact for Comph. Zoning Ord. MJ1:ETING DATE: AGENDA #: ' PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 21, 1998 9D JANE KANSIER, PLANNING COORDINATOR DONALD RYE, PLANNING DIRECTOR CONSIDER ADOPTION OF RESOLUTION 98-XX DIRECTING STAFF TO PREPARE AN ORDINANCE WITH FINDINGS OF FACT FOR THE ADOPTION OF A COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP FOR l.l:1.E CITY OF PRIOR LAKE Historv: On December 18, 1995, the City Council adopted Resolution 95- 126 which adopted a new Comprehensive Plan subject to review and' acceptance by the Metropolitan Council. On June 13, 1996, the Metropolitan Council approved the City of Prior Lake's Comprehensive Plan as being consistent with the Regional Blueprint and without impact on Metropolitan systems. Since October of 1996, the staff and Planning Commission have been working to develop a new zoning ordinance which would be the primary means of implementing the Comprehensive Plan. The Planning Commission held II study sessions on the new ordinance between January and December of 1997, and conducted public hearings on the draft ordinance on September 22, 1997 and November 24, 1997. Numerous Prior Lake residents participated in these meetings and hearings and their comments are reflected in the hearing record. In 1998, the City Council held 7 workshop sessions on the draft ordinance. The Council also held public hearings on the draft ordinance on October 5, 1998, November 2, 1998, and on November 16, 1998. The Council held a final workshop on December 7, 1998 to discuss the last issues. Issues: The final issues discussed at the December 7th workshop included the height and opacity of fences in the front yard, the setback from the Ordinary High Water Elevation, bluff ordinance requirements, combination of non-conforming lots, amortization issues, and the reconstruction of non- conforming structures. The Council's decision on each of these issues is addressed in the attachment to this report. Conclusion: The proposed zoning ordinance is intended to implement the desired outcomes specified in the Comprehensive Plan. It reflects changes in land use law and development practices which are common today. The attached resolution directs staff to prepare an ordinance which reflects the issues discussed by the City Council during the public hearings. It also 1620(;1~lmt(l:f~~YPW0~fl~~~~?for Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 1:\newzone\97zonord\cc 122198 .doc ordinance. If the Council adopts the resolution, the staff will proceed with preparation of the ordinance. There are two alternatives available to the Council: 1. Adopt Resolution 98-XX directing the staff to prepare an ordinance with findings of fact adopting the zoning ordinance. 2. Deny Resolution 9 -xx and provide the staff with further direction. 2 RESOLUTION 98-XX RESOLUTION DIRECT STAFF TO PREPARE AN ORDINANCE WITH FINDINGS OF FACT FOR T.l:I.E ADOPTION OF A COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP FOR T.llli CITY OF PRIOR LAKE MOTION BY: SECOND BY: WHEREAS, the City Council of the City of Prior Lake adopted a Comprehensive Plan in 1996; and WHEREAS, the City Council and the Planning Commission of the City of Prior Lake have developed a comprehensive Zoning Ordinance and Zoning Map which will be the primary means of implementing the Comprehensive Plan; and WHEREAS, legal notice of the public hearing was duly published in accordance with Minnesota Statutes and Prior Lake City Code; and WHEREAS, the Planning Commission conducted a public hearing on the proposed Zoning Ordinance on September 22, 1997, and on November 24, 1997. to provide interested persons an opportunity to express their views; and WHEREAS, on November 24, 1997, the Planning Commission voted to recommend to the City Council approval of the proposed Zoning Ordinance and Zoning Map; and WHEREAS, the Prior Lake City Council reviewed the proposed Ordinance and Zoning Map through a series of workshops; and WHEREAS, the City Council held a series of public hearings on the proposed Zoning Ordinance and Zoning Map on October 5, 1998, November 2, 1998, and November 16, 1998 to provide interested persons an opportunity to express their views; and WHEREAS, the City Council made a series of changes to the draft recommended for approval by the Planning Commission; and WHEREAS, the City Council has carefully considered the testimony, staff reports and other pertinent information contained in the record of decision of this case. NOW THEREFORE, BE IT RESOLVED BY T.llli CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the staff is hereby directed to prepare an Ordinance with findings of fact for the adoption of a Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake. 16200 E~r~~:~i~J~~~.1f.~'1Yiior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~g~lh-4245 AN EQUAL OPPORTUNITY EMPLOYER Passed and adopted this 21st day of December, 1998. YES NO I Mader Kedrowski Petersen I Schenck I Wu~llner Mader Kedrowski Petersen Schenck Wuellner {Seal} Frank Boyles, City Manager City of Prior Lake 1:\newzone\misc\rs98xxcc.doc Page 2 FINAL ZONING ORDINANCE DISCUSSION ITEMS RESULTS OF CITY COUNCIL WORK SESSION On December 7, 1998, the City Council discussed the remaining issues within the proposed Zoning Ordinance. The Council reached consensus on each of these issues. These decisions are discussed below. The Ordinance will be revised to incorporate the proposed changes. A. Fence Height (Section 11 01.504). The City Council determined that a maximum height of 4 feet (48") with a maximum opacity of 25 percent was appropriate. This standard will allow decorative and chain link fences, and will also allow a certain visibility to the front yard. The language in the ordinance will be amended to reflect this decision. B. Setback from Ordinary High Water Elevation (Section 1104.302). The consensus of the Council was to require a 75' setback from the Ordinary High Water Mark on General Development Lakes. The ordinance also includes a provision for setback averaging, which would allow the setback to be reduced to 50' from the Ordinary High Water Mark depending on the setbacks ofthe structures on the adjacent lots. C. Bluff Ordinance Requirements (Section 1104.304). There were five different issues related to the bluff provisions of the Shoreland Ordinance. Each of these issues, and the Council's consensus, is discussed below. 1) Indemnification Requirements. The Council decided to eliminate this provision from the ordinance. 2) Side Yard Setback. There is no specific provision relating to side yard setbacks in the Shoreland Ordinance. The standard side yard setbacks will remain as written. 3) Distance from Top of Bluff. The Council decided the numerical definition of a "visual break" will remain as currently written. The setback in the current ordinance is 25' from the top of bluff, while the DNR standard is 30' from the top of bluff. The Council determined the setback should be changed to 30', as required by the DNR rules, with the understanding that the variance procedure is available in cases which can demonstrate a hardship. 4) Surveys with l' Contours. The requirement for a survey with l' contours is essentially an administrative requirement. The l' increment provides a more .1:\new:wne\mis.c\respons4.doc 1 16200 cagle ueekAve.-::'.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER precise determination of the bluff, and generally defines a larger building envelope. However, the Council decided the staff should only request a 2' contour survey, and allow the property owner to decide if ai' contour survey is warranted. Engineering Requirements. The Council decided to retain the engineering study requirement for structures on a bluff as presently written. This study determines the soil types and building requirements for a structure on a lot with a bluff. It does not require certification by an engineer that the bluff will never fail. D. Nonconforming Lots and Lot Combinations (Section 1101.501). The Council determined this provision is required by the DNR. Pat Lynch, Area Hydrologist, informed the Council the DNR would not accept an ordinance without this requirement. The City Attorney did suggest the language in the ordinance be changed to read as follows: If 2 or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of or subsequent to the passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width and areas, the lands involved shall be considered to be an individual parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot }Vith width or area below the requirements stated in this Ordinance. If necessary to assure compliance with other provisions of this Ordinance, the lots shall be combined. The language differs from the current language in that the above paragraph considers the lots combined. No separate action is required. E. Amortization Provisions {Section 1107.2303, (4,5,6)}. This provision describes the need to bring nonconformity's into compliance within the new ordinance provisions within a certain time frame. It applies to signs, lighting and parking lots. The Council reached consensus on each as described below. 1) Signs. Nonconforming signs must comply with the new ordinance within one year of the effective date of the ordinance. The Council felt this language was appropriate. 2) Lighting. Lighting on commercial and industrial properties which exceeds the maximum light levels must be removed from the site, or otherwise comply with the ordinance within five years of the effective date ofthe ordinance. The Council decided to lighting should become conforming within 1 year of the effective date of the ordinance. 3) Parking Lot Requirements. Nonconforming parking lots and paved areas must be brought into compliance within five years of the effective date of the ordinance. This provision applies only to the paving and curbing requirements for parking lots. This language is intended to apply to unpaved parking lots. The 1:\newzone\misc\respons4.doc 2 Council agreed with the provision, but directed staff to clarify the language so that it clearly applies only to unpaved parking lots. > F. Reconstruction of Nonconforming Structures. The City Attorney addressed this issue in a memorandum dated November 6, 1998 (see attached). She suggested the following language be added to the ordinance: Any single family detached dwelling unit which exists on the effective date of this ordinance on any nonconforming lot located within the R-l, R-2 or R-3 Use District which is later destroyed by fire or other natural disaster may be rebuilt if a building permit for reconstruction is issued within 365 days of its destruction and if it otherwise conforms with the provisions of this Ordinance. This provision allows a structure to be rebuilt as long as it meets setback, lot coverage, impervious surface and other applicable provisions. If the structure does not meet these standards, a variance will be required. This language will be included in the nonconforming provisions of the Ordinance. The paragraph will also be cross-referenced in the nonconforming lot provisions. The Council agreed with this recommendation. 1: \newzone\misc\respons4,doc 3