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Home My WebLink About7C - Twin Home Regulations 'ZOO4CC' AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: VII-C HORST GRASER, DIRECTOR OF PLANNING CONSIDER ORDINANCE 93-15 AMENDING TIIE ZONING AND SUBDIVISION ORDINANCES TO ADOPT TWIN HOME REGULATIONS AND INCREASE A-I, AGRICULTURAL LOT SIZE REQUIREMENTS. JUNE 21, 1993 The purpose of this item is to consider adoption of proposed Ordinance 93-15 to amend the Prior Lake Zoning and Subdivision Ordinances. The proposal is a house keeping amendment proposed in order to provide an ordinance process to divide the land beneath twin homes into separate parcels for private ownership purposes. A second amendment to increase the minimum lot size of single family lots within the A-I, Agricultural Zone from 1 acre and 150 feet of lot width to 10 acres and 330 feet of lot width is also proposed. See attached Ordinance No. 93-15. City Attorney, Glenn Kessel drafted attached Ordinance 93-15 following two recent administrative plat and variance applications which requested lot splits for existing duplex units. During the application process, it was discovered that a conforming lot developed with a duplex, if proposed to be split for owner occupancy, could not conform to required lot size requirements for a single family district. Attorney Kessel drafted the Ordinance to permit the conversion of rental to owner occupied status for twin homes constructed upon conforming lots of record. The Ordinance specifies four conditions under which a twin home property may be divided, without variance. The proposed Ordinance also contains a provision to change the minimum lot size requirement in the A-I, Agricultural Zone to 10 acres with 330 feet of frontage. The lot size change from 1 to 10 acres was contemplated during the adoption process of the Shoreland Management Ordinance. The proposed 10 acre lot size requirement will be consistent with the Zoning Ordinance and rural density objective (4 units per quarter/quarter section) of the Comprehensive Plan. The Planning Commission held the public hearing on June 3, 1993 and recommended that the Ordinance be adopted as proposed. See 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTU:'-iITY EMPLDYER attached Planning Commission meeting minutes of June 3. 1993 for details. ALTERNATIVES: 1. Approve Ordinance 93-15 as proposed or as per changes recommended by the City Council. 2. Table the item for further infonnation. 3. Deny the amendment for specific findings of fact. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to adopt Ordinance 93-15 as proposed or changed as per City Council discussion. lZ09304" CITY OF PRIOR LAKE Ordinance No. 93-15 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 4; TITLE 5, CHAPTER 8 AND TITLE 6, CHAPTER 1; PRIOR LAKE ZONING ORDINANCE 83-6 AND PRIOR LAKE SUBDIVISION ORDINANCE 87-10. The Council of the City of Prior Lake does hereby ordain: 1. The tables set forth in section 5-4-1 of the Prior Lake city Code and section 4.2 of Prior Lake zoning Ordinance 83-6 are hereby amended as follows: [See attached tables.] 2. A new section 5-4-1.1 shall be added to the Prior Lake City Code and a new section 4.1.1 shall be added to Prior Lake zoning Ordinance 83-6 which shall read as follows: EXCEPTION: The minimum lot size and side yard requirements of section 5-4-1 of the Prior Lake city Code and Sections 4.1 and 4.2 of the Prior Lake Zoning Ordinance may be waived by the Director of planning if a lot containing a tWO-family dwelling unit is to be subdivided into two (2) lots and will meet all the following requirements: (1) a common wall shared by the two dwellings is located in its entirety on the boundary line separating the two lots; (2) said common wall meets the standards of the building code for owner-ocupied units and any other . applicable codes adopted or to be enforced by the City; (3) a covenant or other agreement in recordable form concerning the common wall is approved by the City Attorney and thence filed with the Scott County Recorder or Scott County Registrar of Titles; and (4) each of the two (2) dwellings is separately served by public utilities, none of which are shared. 3. Section 6-3-1(B) of the Prior Lake city Code and Section 6-3-1(B) of Prior Lake Subdivision Ordinance 87-10 are amended to read as follows: B. All lots must conform to applicable zoning Ordinance requirements unless there is a specific exception as set forth in the Zoning Ordinance requirements. This Ordinance shall become effective from and after its passage and publication. Passed by the city day of council of the , 1993. city of Prior Lake this ATTEST: Mayor city Manager Published in the Prior Lake American on the ____ day of 1993. DRAFTED BY: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, MN 55402 4.2 IJ:1r AND YARD REQUlREMENl'S: Minimum Maximum Gross Dwelling Units Minimum Lot Size Structure Setback (*ft.) Coverage Per Acre District Area (sq. ft.) Width (ft. ) Front Yard Rear Yard Side Yard % Normal PUD Potential A-1 Agricultural Residential 10 Acres 330 50 30 20 .1 other Uses 40 Acres 50 30 20 Agricultural Preserves 40 Acres -:03 R-1 SUburban Residential** 22 Single Family Dwellings 10,000 80 25 25 10 3.5 4.5 'lWo Family Dwellings 15,000 85 25 25 10 22 3.5 4.5 Townhouses 2 Acres 250 25 25 25 22 3.5 4.5 other Uses 15,000 85 25 25 15 R-2 Urban Residential** Single Family Dwellings 6,000 60 25 25 10 22 5.5 7.0 'lWo Family Dwellings 12,000 75 25 25 10 22 5.5 7.0 Townhouses 25,000 100 25 25 15 20 5.5 7.0 Multi-Family Dwellings 30,000 100 25 25 15 30 5.5 7.0 Other Uses 10,000 75 25 25 15 R- 3 Mul t:i,ple Residential *'" Single Family Dwellings 10,000 75 25 25 10 22 14.0 18.2 'lWo Family Dwellings 12,000 75 25 25 10 22 14.0 18.2 Townhouses 13 , 000 100 25 25 10 20 14.0 18.2 Multi-Family Dwellings 13,000 75 25 25 15 30 14.0 18.2 Other Uses 5,000 50 25 25 15 R-4 Mixed Code Residential Manufactured Dwellings 6,000 60 25 25 10 20 5.5 7.0 Single Family Dwellings 6,000 60 25 25 10 22 5.5 7.0 'lWo Family Dwellings 12,000 75 25 25 10 22 5.5 7.0 Townhouses 25,000 100 25 25 15 20 5.5 7.0 Multi-Family Dwellings 30,000 100 25 25 15 30 5.5 7.0 Other Uses 10,000 75 25 25 15 4.2 !Dr AND YARD REQUIREMENI'S: (Cont.) District Minimum Lot Size Area (sq. ft.) Width (ft.) B-1 Limited Business All Uses 20,000 120 B-2 Community Business Multi-Family Dwellings 5,000 other Uses 5,000 B-3 General Business All Uses 50 50 150 1 Acre 1-1 sPecial Industrial All Uses 20,000 100 1-2 Light Industrial All Uses 1 Acre 200 C-1 Conservation All Uses 10 Acres 330 SEE SECTION 9 SHORELAND DISTRIcr FOR ADDITIONAL REOUIREMENl'S OF THIS SECTION S-D Shore land District * Minimum lot width shall be measured at the front yam setback line. ** With Sanitary Sewers, otherwise Agricultural Densities will apply. Minimum Structure Setback (*ft.) Front Yard Rear Yam Side Yard 30 30 15 o o 15 15 o o 50 30 20 30 30 20 30 30 20 50 30 20 2 Maximum Coverage % 30 Gross Dwelling Units Per Acre Nonnal PUD Potential 14.0 18.2 PLANNING COMMISSION MINUTES JUNE 3, 1993 Roseth at Commissioner Greenfield requested that . two age dissenting opinion be added as an amendment to the minutes of May 20, 199 0 support his nay vote on the adoption of Resolution 93-04 for Cardinal Ridge. Di sion owed on the amendment. Commissioner Wuellner recalled the procedure outlin t the Commiss' er's Workshop in that when a vote is taken even if there is a nay vote, th ommissioners should ort the motion after the vote is taken. The rational for a nay v shall be given at the time of vote and not brought in at a later date. An established ocol should be in place. If the amen t was entered in to the recor~ it would only . s once and not allowed again. As a consenus uld not be reached, the approval of the . utes was placed at the end of the agenda. ommission moved to allow Commissioner Greenfield's addendum to be add...ed to " ITEM II - PUBLIC HEARING TO CONSIDER A ZONING AND SUBDIVlSION ORDINANCE AMENDMENT TO ADD TWIN HOME REGULATIONS The Public Hearing was called to order at 7:42 P.M. The public was not in attendance at the beginning. Horst Graser Director of Planning presented the information as per Planning Report #1 of June 3, 1993. The proposal is a:housekeeping amendment proposed in order to provide an ordinance process to divide the land beneath twin homes into separate parcels for private ownership purposes. A second amendment to increase the minimum lot size of single family lots within the A-I, Agricultural Zone from 1 acre and 150 feet of lot width to 10 acres and 330 feet lot width is also proposed. Ordinance 93-15 was drafted by City Attorney, Glen Kessel, to permit the conversion of rental to owner occupied status for twin homes constructed upon conforming lots of record. The Ordinance specifies four conditions under which a twin home propeny may be divided, without variance. Discussion followed by the Commissioners on the amendment. MOTION BY ARNOLD, SECOND BY WUELLNER, TO RECOMMEND TO CITY COUNCIL THE ADOPTION OF ORDINANCE 93-15 AS PROPOSED. Vote taken signified ayes by Arnold, Wuellner, Roseth, and Greenfield. MOTION CARRIED. MOTION BY WUELLNER, SECOND BY ARNOLD TO CLOSE THE PUBUC HEARING. PLANNING COMMISSION 4629 Dakota 51. 5.E., Prior Lake, MinnesotJ~~~ Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPO~ EMPI.DYER Vote taken signified ayes by Wuellner, Amol~ Greenfiel~ and Roseth. MOTION CARRIED. The public hearing was closed at 7:58 P.M. ITEM m . PUBLIC HEARING . TO CONSIDER A ZONING ORDINANCE AMENDMENT TO ADD LICENSED RESIDENTIAL CARE FACILITIES REGULATIONS The Public Hearing was called to order at 8:00 P.M. Public was in attendance and a sign-up sheet was circulated. Horst GraSer presented the information as per Planning Report #2 of June 3, 1993. The proposal is a housekeeping amendment proposed in order to bring the Zoning ordinance into consistency with Minnesota Statutes 462.357 Subd. 7 and Subd.8. The purpose of the public hearing is to consider an amendment to the Prior Lake City Code and Zoning Ordinance to allow day care and residential care facilities as pennitted and conditional uses within the R-l, R-2, R-3, and R-4 Residential Zoning Districts. Comments from the Commissioners were on; if neighbors were notified on this type of business, question on pennitted use for lower number of children, and R-2 definition. MOTION BY WUELLNER, SECOND BY GREENFIELD, TO CONTINUE THE PUBLIC HEARING TO JUNE 17, 1993, AT 9:00 P.M. TO RESEARCH THE THE ISSUES IN QUESTION. Vote taken signified ayes by Wuellner, Greenfiel~ Roseth, and Arnold. MOTION CARRIED. ITEM IV . PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE AMENDMENT TO ADD SINGLE FAMILY RESIDENTIAL AS A CONDITIONAL USE WITHIN THE 1.1 SPECIAL INDUSTRIAL DISTRICT The Public Hearing was called to order at 8: 15 P.M. The public was in attendance and a sign-up sheet was circulated. Mr. Graser presented the information as per the Planning Report #3 of June 3, 1993. The request is unusual as it is seldom done unless to accommodate an individual. Mr. Ed Vierling wishes to construct a single family home in an 1-1 Industrial District of which the permitted uses are industrial. The property is owned by Mr. Vierling's father, Leo, and wishes to build on the family land. The process that is being followed is to amend the 1-1 district, introduce the conditional use for single family home and then consider issuing a pennit for a single family home via the conditional use pennit' This is the process recommended by Attorney Robert Hoffman. This area is proposed to be rezoned residential and neighborhood commercial when the 2010 Comprehensive Plan is adopted. Thus, this amendment to the code would be consistent with the future Comprehensive Plan for this area of the community. The City of Prior Lake is considering locating the Industrial Park in a different location as the land in this area is not conducive to industrial development and the Industrial Standards are in the process of being rewritten. When this takes place the application will become a legal non-conforming use. This application, although cumbersome, provides a limited window of opportunity for Mr. Vierling to a single family home on his land. Ed Vierling, 14091 Eagle Creek Avenue NE, stated that .he wanted to build his house on the family property as his brother has done. Mr. Vierling has tried different locations over the last year on placement of the house and this seemed the most logical for him. He thanked the Commissioners for their consideration of the application. The Commissioners were all in consensus of the proposal. PLANNING COMMISSION June 3. 1993 Page 2 "Z004PN" AMENDMENTS PROPOSED FOR PRIOR LAKE CITY CODE, ZONING ORDINANCE AND SUBDIVISION ORDINANCE. You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, June 3, 1993 at 7:35 p.m. The purpose of the public hearing is to consider two proposed amendments to the City Code, Subdivision Ordinance and zoning Ordinance which would provide for the administrative process to divide two-family dwelling units into lots which allows for the conversion of rental to owner-occupied units. A new section 5-4-1.1 is proposed to be added to the Prior Lake City Code and a new section 4.1.1 is proposed to be added to Prior Lake zoning Ordinance 83-6 which ~hall read as follows: EXCEPTION: The minimum lot size and side yard requirements of Section 5-4-1 of the Prior Lake City Code and Sections 4.1 and 4.2 of the Prior Lake Zoning Ordinance may be waived by the Director of Planning if a lot containing a tWO-family dwelling unit is to be subdivided into two (2) lots and will meet all the following requirements: (1) a common wall shared by the two dwellings is located in its entirety on the boundary line separating the two lots; (2) said common wall meets the standards of the building code for owner-occupied units and any other applicable codes adopted or to be enforced by the City; (3) a covenant or other agreement in recordable form concerning the common wall is approved by the city Attorney and thence filed with the Scott County Recorder or Scott Count~ Registrar of Titles; and (4) each of the two (2) dwellings 1S separately served by public utilities, none of which are shared. Section 6-3-1(B) of the Prior Lake City Code and Section 6-3-1(B) of Prior Lake Subdivision Ordinance 87-10 are proposed to be amended to read as follows: All lots must conform to applicable zoning Ordinance requirements unless there is a specific exception as set forth in the Zoning Ordinance requirements. 4629 Dakota 51. 5.E" Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER section 5-4-1 of the Prior Lake City Code and Section 4.2 of Prior Lake Zoning Ordinance 83-6 are proposed to be amended by changing the minimum lot size for single family dwellings within the A-1 Agricultural Zone from 1 acre and 150 feet of lot width to 10 acres with a minimum lot width of 330 feet. If you desire to be heard in reference to this matter, rou should attend this public hearing. The Planning Commission w1ll accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake planning Department at 447-4230. . ~ M~~~~ Deb Garross Assistant City Planner To be published in the Prior Lake American on Saturday, May 22 and 29, 1993.