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Home My WebLink About6 - Appeal of Zonong Code Amendments AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: HER/TAGE /89/ COMMUNITY 1991 19J$)% 2Q91 6 HORST GRASER, DIRECTOR OF PLANNING CONSIDER APPROVAL OF ZONING CODE AMENDMENTS MAY 7, 1990 This item includes 8 zoning code amendments for adoption (see attached hearing notice). with the exception of Amendments 3 and 5, the City council has reviewed these items in conjunction with other amendments last year. Unfortunately these 8 items were included with those of a more controversial nature. Because several amendment related issues were not resolved, all items failed to pass. The purpose of this item is to finally adopt the relatively "minor" zoning code amendments. For details to each amendment see attached Planning Report. The Planning Commission conducted a public hearing on April 19, 1990, and recommended for adoption all amendments exce~t Number 5. The commission did not oppose th1s amendment but decided to leave the decision to the Council. The reason for this decision was based on a staff generated Comprehensive Plan discussion at the Canterbury Inn several weeks ago. The Council favored a 10 acre lot size with a redivision overlay versus the 4 per 40 acres, first come first served concept. Staff has made the changes to the Comprehensive Plan goals and is pursuing that direction favored by the Council. The question then for the Council is, do you want to take an intermediate step, such as #5, prior to the completion of the Comprehensive 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Plan process. Staff has options relating to #5 and will at the meeting. identified 4 present them Approve all the amendments with direction provided on #5. 2. Confirm the Planning Commission recommendation approving all amendments except Number 5. 1. 3. Deny some or all of the amendments. Staff recommends alternative Number 1. The action required will depend on Council's discussion. the "ZONCOD" ITEM: PRESENTER: PUBLIC HEARING: DATE: HERITAGE 1891 COMMUNITY 1991 2czgl W'J5(!)% PLANNING REPORT ZONING CODE AMENDMENTS HORST GRASER, DIRECTOR OF PLANNING X YES NO APRIL 19~990 ANALYSIS History/Backqround: The principal purpose of these amendments is to keep the Prior Lake Zoning Ordinance current and to serve and protect the investments of the public. Most of these amendments came before the Plannin~ Commission in June of 1989, in addition to several others that 1nspired considerable discussion. At the Council level the discussion was prolonged because of a few controversial issues. Since the first hearln9 was quite some time ago, Staff decided to republish the hear1ng notice and eliminate the possibility of legal complications. A brief description and analysis of each amendment follows: AMENDMENT NO.1: The objective is to make public parking lots a conditional use in RI-R4 residential districts. This came up when the DNR wanted to develop a parking lot at their Dewitte access. The principle issue for this use is control over its installment. A public parking lot that is built in a residential zone must be well designed, landscaped, and maintained. It is a use that is seldom built but needed nevertheless. AMENDMENT NO.2: This amendment would add "Nursery school and day care centers for less than 12 children instead" as a permitted use in R-1 single familr residential zones. This use is state Law in sin9le family distr1cts and would bring Prior Lake's laws into compl1ance with those of the state of Minnesota. AMENDMENT NO. 3: ~~ This amendment will add\~urseries conservation zones. The rational as a permitted use in C-l for this amendment is that C-l 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 and A-1 zones should be treated similar because they serve the purpose of recognizing a9ricultural land and hold it for urban development. A misconcept10n of the C-1 zone is that its designation can save or conserve natural resources. The only actual difference between A-1 and C-I districts are lot sizes and several land uses. Also most all of the C-I districts have boundaries that do not follow section lines commonly used and accepted meets and bounds property descriptions. Often C-I district boundaries will cut one owners parcel in half making it cumbersome to interpret rural density uses. A rural property owner should not have to discontinue a use someplace in a field simply because zoning districts have changed. Therefore uses in the C-1 and A-1 zones should be similar if not identical. The ultimate answer to the C-1 zone is total removal from the rural service area. AMENDMENT NO.4: This amendment would increase the size of accessory structures from 800 square feet to 832 square feet. A number of builders have requested this amendment. A desirable three stall garage is 26X32. The state of Minnesota uses 832 square feet in their legislation pertaining to accessory structures. AMENDMENT NO.5: The focus of this amendment is to make the minimum residential lot size in both A-1 and C-1 districts 2.5 acres by adding residential use in the C-1 zone. Gary Staber, Prior Lake Building Official, feels strongly that the current 1 acre lot size in A-I districts is too small for adequate on-site sewage treatment options. The minimum lot size in the C-1 district is currently 10 acres for all uses. Because the districts serve the same purpose, it is recommended that a consistent size of 2.5 acres be established for all C-1 and A-I zones with a minimum width of 150 feet. AMENDMENTS NO'S 6 and 7: These are housekeeping items. Staff has an administrative policy of requiring name searches from a certified abstract company for many years. Establishing this policy in advance in ordinance form increases its validity and confirms Staff policy and operating procedure. AMENDMENT NO.8: This amendment would add the word "principle" after the first word in the second sentence. The ordinance allows setback averages in some situations but is not clear what structures are to be used as the basis for determining the average. The addition of the word "principle" would require setbacks to be taken from the home and not from an accessory structure. NOTICE OF ZONING ORDINANCE AMENDMENT Notice is hereby given that the Prior Lake Planning Commission will conduct a Public Hearing on the 19th day of April, 1990, at 8:00 P.M. in the City Council Chambers at 4629 Dakota street S.E. The purpose of this hearing is to consider amendments to the Prior Lake Zoning Ordinance and City Code as follows: AMENDMENT NO.1: Section 3.2 of Prior Lake zoning Ordinance No. 5-3-3 of the Prior Lake City Code is proposed to include pUblic parking lots as a conditional Residential, R-2 Urban Residential, R-3 Multiple R-4 Mixed Code Residential Districts. 83-6 and Section be amended to use in R-1 Urban Residential, and AMENDMENT NO.2: Section 3.2 of the Prior Lake Zoning Ordinance No.83-6 and section 5-3-3 of the Prior Lake City Code is proposed to be amended by adding "Nursery Schools and day care centers for more than twelve (12) children", as a permitted use in the R-1 Urban Residential District. AMENDMENT NO.3: Section 3.2 of the Prior Lake Zoning Ordinance No. 83-6 and section 5-3-3 of the Prior Lake City Code is proposed to be amended to include "Nurseries" as a permitted use in the C-1 Conservation District. AMENDMENT NO.4: Section 6.2A(3) of the Prior Lake Zoning Ordinance No. 83-6 and Section 5-5-2:(A)3 of the City Code is proposed to be amended increasing the size for accessory structures from eight hundred (800) square feet to eight hundred thirty two (832) square feet. AMENDMENT NO.5: section 4.2 of the Prior Lake Zonin~ Ordinance No. 83-6 and section 5-4-1 Lot and Yard Requ1rements of the City Code is pro~osed to be amended by adding the classification of resldential under C-1 Conservation; by addi~g 2.5 acres for Residential Uses under Minimum Lot size 1n Conservation Districts; by adding 150 feet under Width for residential uses in Conservation Districts. The minimum lot size in A-1 Agricultural Districts is proposed to be increased from one (1) acre to 2.5 acres. 4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245 ,- - I AMENDMENT NO.6: section 7.5A of the Prior Lake Zoning Ordinance No.83-6 and Section 5-6-S1A) of the Prior Lake City Code are proposed to be amended by add ng the following paragraph: 4. The names and addresses of all property owners five hundred (500) feet shall be provided certified abstract company so that the Zoning may provide notification of the conditional use within from a Officer permit. AMENDMENT NO.7: Section 7.6A(1) of the Prior Lake Zoning Ordinance No. 83-6 and Section 5-6-6(A)1 of Prior Lake City Code are proposed to be amended to require an applicant for a variance to submit property owners within one hundred (100) feet of the boundaries of the variance site that are certified by an abstract company. AMENDMENT NO.8: Section 4.1J of Prior Lake Zoning Ordinance No.83-6 and section 5-4-1(J) of the Prior Lake City Code are proposed to be amended to add the word "principle" after the first word in the second sentence of paragraph J. The second sentence would read as follows: "Where principle structures on adjacent lots have yard setbacks different from these requirements, the minimum setback from the lake shall be the average setback of such adjacent structures to a minimum of fifty (50) feet. Anyone interested in this matter should plan to attend this public hearing. The Planni~;st:;;;;;;oral or written comments. Horst W. Graser Director of Planning City of Prior Lake To be published in the Prior Lake American Monday April 9, 1990 and April 16, 1990.