HomeMy WebLinkAbout8A - Comprehensive Zoning Ordinance for City of Prior Lake
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
FEBRUARY 16, 1999
SA
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 99-XX ADOPTING
A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF PRIOR LAKE
History In 1996, the City adopted a new Comprehensive Plan.
Consistent with state law, staff began development of a new zoning
ordinance intended to be consistent with the goal and policies in the
Comprehensive Plan and designed to implement many of the
objectives in the Plan.
The Planning Commission considered drafts of the new zoning
ordinance during a series of meetings, work sessions and public
hearings during 1997. On December 8, 1997, the Planning
Commission recommended a draft ordinance for adoption by the City
Council.
The City Council reviewed the draft ordinance at a series of workshop
sessions during 1998 and held public hearings on the draft ordinance
during the latter part of 1998. On December 21, 1998, the City Council
adopted Resolution 98-144 directing staff to prepare an ordinance with
findings of fact for the adoption of a comprehensive zoning ordinance
for the City of Prior Lake.
Issues The issues raised during the public hearings and the discussions
by the City Council may be summarized as follows:
. Required bluff setbacks and the need for flexibility
. Whether the ordinary high water setback should be 50 or 75 feet.
. Combination of substandard lots in common ownership.
. Status of existing marinas in commercial and residential districts
and whether they should be permitted or conditional uses.
. Specific zoning changes at 13380 Hickory, Laker's Restaurant and
Waters edge Marina.
. Application of setback averaging adjacent to residential lots.
. Need for engineering reports on lots determined to have a bluff.
1620~wieNBiF~WJC2~~.08dor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDED
MOTION:
REVIEWED BY:
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Motion to adopt ordinance 99-xx
3
CITY OF PRIOR LAKE
ORDINANCE NO. 99-XX
AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE AND
AMENDING THE PRIOR LAKE ZONING ORDINANCE 83-6 BY REPEALING
SECTIONS 5-1-1 THROUGH 5-8-12, 5A-1-1 THROUGH 5A-1-12 AND ALL OF
ORDINANCE 83-6 AND ADOPTING SECTIONS 1101.100 THROUGH 1112.501
INCLUSIVE OF THE CITY OF PRIOR LAKE ZONING ORDINANCE.
The City Council of the City of Prior Lake does hereby ordain:
Section 1. The City Council has considered the advice and recommendation of the
Planning Commission, staff reports and other pertinent material pertaining to the comprehensive
Zoning Ordinance and Zoning Map for the City of Prior Lake, and the testimony of interested
persons at public hearings on October 5, 1998, November 2, 1998, and November 16, 1998.
Section 2. Prior Lake Zoning Ordinance #83-6 and Sections 5-1-1 through 5-8-12, 5A-
1-1 through 5A-1-12, 3-9-1, 3-10-1 through 3-10-9, 4-5-1 through 4-5-13,4-7-1 through 4-7-6,
4-3-1 through 4-3-8 and 4-6-1 through 4-6-5 of the City Code are hereby repealed.
Section 3. The City Council makes the specific findings set forth in Exhibit A attached
hereto.
Section 4. The document entitled Draft Zoning Ordinance, dated February 16, 1999,
attached hereto as Exhibit B is hereby adopted and hereby replaces Prior Lake Zoning Ordinance
#83-6 and City Code Sections 5-1-1 through 5-8-12 and 5A-1-1 through 5A-1-12 inclusive and
substitutes new sections numbered 1101.100 through 1112.501 inclusive.
Section 5. This ordinance shall become effective on May 1, 1999, after its passage and
publication.
Passed by the City Council of the City of Prior Lake this 16th day of February, 1999.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1999.
Drafted By:
City of Prior Lake Planning Department
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16200 cagle creeK Ave. ::>.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FINDINGS OF FACT
The City Council hereby finds that:
I. mSTORY OF THE CITY AND
ADOPTION OF THE CITY'S COMPREHENSIVE PLAN
1. Prior Lake (the "City") is an outer ring suburb in the southwest Twin City
Metropolitan Area. The Village of Prior Lake was incorporated in 1891.
2. The City adopted its first Zoning Ordinance in 1963. Major amendments to
that ordinance occurred in 1973, 1975, 1977, 1981, and 1983.
3. The City adopted its first Comprehensive Plan in 1973. This plan was updated
to plan for growth to the Year 2000 in 1982. In 1996, the City adopted its 2010
Comprehensive Plan.
4. Prior to 1973, development in the City consisted primarily of single family
residential homes, seasonal cabins and resorts, and rural or local service businesses. In
1973 the City annexed several square miles of adjacent Spring Lake, Credit River and Eagle
Creek Township. Other major annexations occurred in 1991 and 1997. These annexations
established the current boundaries of the City encompassing an area of 16 square miles.
5. Since 1973, development in the City has developed as a suburban bedroom
community, centered around Upper and Lower Prior Lake. Growth in the City has been
predominantly single family residential, although commercial and industrial uses are also
beginning to establish a presence.
6. Since the adoption ofthe City's first Zoning Ordinance, and subsequent
amendments, many land uses and structures have become nonconforming.
7. The City has permitted certain nonconforming land uses and structures to
remain as nonconforming uses.
8. Most legal authorities indicate the ultimate purpose of zoning is to provide for
the regulation of land uses and to provide for the gradual elimination of nonconforming
uses. See. Anderson, ~ 6.69, American"Law of Zonimz. (3d Ed.).
9. The City Council has endeavored to create and maintain a balanced and diverse
community. Comprehensive Planning and Zoning achieves a balance between residential,
commercial, industrial, recreational, open space and community facilities.
10. Minnesota Statutes Section 473.858 requires the City to prepare a
Comprehensive Plan consistent with Metropolitan System Plans and to submit that plan for
review by the Metropolitan Council. The City submitted such a plan and it was approved
by the Metropolitan Council in June, 1996.
11. Minnesota Statutes Section 473.175-473.871 requires the City review and
revise its Comprehensive Plan for consistency with Metropolitan Council policy plans prior
to December 31, 1998. The City has received an extension of this deadline to May 1, 1999,
and is in the process of updating the Comprehensive Plan consistent with statutory
requirements.
12. The City Council finds that it is required by Minnesota Statutes Section
473.865 to adopt official controls which are consistent with the Comprehensive Plan.
13. The City Council finds that this ordinance is consistent with and aids in the
implementation of the City's Comprehensive Plan which was adopted in June, 1996, and is
rationally related to promoting necessary and legitimate City interests.
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ll. GOALS AND POLICIES OF THE CITY'S COMPREHENSIVE PLAN
14. In 1996, the City Council began the process to plan for and implement the
city's first comprehensive rezoning in 13 years. The City's current Comprehensive Plan
was adopted in June, 1996.
15. The Comprehensive Plan anticipates changes in residential, commercial,
industrial and public activities, and provides a framework to deal with the mounting
problems relating to guiding the present and future development ofland in the City.
16. The City Council finds that a legitimate government interest is served by
establishing the following goals and objectives of the 2010 Comprehensive Plan:
a) Suitable Bousin2 and Environment: Encourage the development of
suitable housing in a desirable environment.
1) Provide opportunities for a variety of affordable high quality housing.
2) Maintain a choice of and encourage development of quality residential
environments.
3) Provide suitable passive open space for the preservation of the natural
environment and the enjoyment of residents.
b) Economic Vitality: Pursue a prudent use of available resources and the
optimum functioning of economic systems.
1) Determine and strive for a balance of commerce, industry, and
population.
2) Encourage a diversified economic base and a broad range of employ-
ment opportunities.
3) Promote sound land use.
4) Maintain high standards in the promotion and development of
commerce and industry.
c) Security: Ensure the security of individuals, human rights, and property.
1) Ensure fair and impartial hearings and application of ordinances.
2) Provide rational transition for compliance with new standards when a
change in ordinance or land use classification is necessary.
3) Enact and maintain policies and ordinances to ensure the public safety,
health, and welfare.
4) Enact and maintain policies and ordinances to ensure the safety and
preservation of property.
5) Provide for conservation and protection of the natural environment.
d) Access: Plan for access to and movement of people, goods, and services.
1) Provide for a safe, balanced intercity transportation system to achieve
quick and convenient access to the rest of the Metropolitan Area, the
airport and rural Minnesota.
2) Maintain orderly development of and access to utilities.
3) Keep abreast of developments in communications and information
technology and potential impacts on city development.
e) Human Develonment: Create an environment in which all citizens have
the opportunity to develop their full potential.
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1) Encourage the development of a broad range of educational and
learning opportunities for persons of all ages.
2) Promote leisure time opportunities and experiences which are
rewarding for the individual and families.
3) Anticipate the development of preventative, corrective, and
rehabilitative facilities and programs by appropriate agencies, and plan
for non-local facilities on a regional "fair-share" basis.
4) Make the development and enhancement of a sense of community and
a sense of place an explicit public policy.
17. The City CoUncil finds that the policies of the 2010 Comprehensive Plan serve
and promote a legitimate public interest. The policies of the 20 1 0 Comprehensive Plan are:
a) Suitable Housin~ and Environment:
1) Codes and ordinances relating to development, redevelopment, and
maintenance of housing shall be adopted and periodically reviewed to
ensure specific direction is provided regarding affordable uses in each
district and regarding minimum development standards.
2) Review annually the current and planned programs of the Scott
County Housing and Redevelopment Authority.
3) Maintain development standards and housing policies that allow for
low and moderate cost housing opportunities.
4) Develop and consider for adoption a code enforcement program for
existing housing.
5) Develop and maintain regulations that permit a mix of housing types,
sizes and price ranges to be provided throughout the City.
6) Maintain a variety of residential densities (dwelling units per acre).
7) Ensure that public services and on-site improvements are completed at
the time of residential development.
8) The burden of a satisfactory transition from one density or dwelling
type to another rests with the developer seeking development plan
approval.
9) Discourage new residential subdivisions in isolated areas that have
little or no potential to either develop into a viable neighborhood or to
assimilate with an established neighborhood.
10) Consideration of development plans for multiple dwellings in areas so
designated on the Land Use Guide Plan should include the following
design-related items:
i) New developments should not isolate existing single family
dwellings by inhibiting pedestrian and/or vehicular access.
ii) New developments completely surrounded by single family
dwellings should be discouraged in favor of large scale planned
unit developments which are more conducive to a mix of housing
styles with shared amenities.
iii) There should be convenient access to collector and arterial streets
and to available transit so to not unduly contribute to congestion
on local residential streets.
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iv) Large common open areas may provide an effective transition to
other uses.
v) Location near permanent public and private open spaces may
compensate for the impact of the higher density.
11) Create and enhance neighborhoods that provide parks and open
spaces, public access to natural amenities located on and adjacent to
the site, and pedestrian linkages throughout and among adjacent
neighborhoods.
12) Incorporate historical and natural features to the maximum feasible
extent.
13) Provide pedestrian access to commercial and industrial centers, public
lands, and schools.
14) Avoid designs that isolate neighborhoods. Provide traffic or
pedestrian circulation within and between developments.
15) Avoid or mitigate encroachment by incompatible land uses which can
have a negative impact on the residential living environment.
Mitigation measures include, but are not limited to, the use of open
space, berms, dense landscaping vegetation, and similar buffers.
16) Allow higher density multiple dwelling housing in areas within close
proximity of existing support services and facilities, and where there is
adequate access to collector and arterial streets.
17) Ensure new development includes design features such as buffering,
screening, and spatial separation from collector and arterial streets;
and from anticipated adverse environmental impacts including, but not
limited to, noise and air pollution.
18) Link neighborhoods to each other, and to parks, schools and
commercial centers via local streets or pedestrian trails.
19) Ensure subdivisions are designed to avoid direct private drive access
from and to major collector and arterial streets.
20) Promote innovative subdivision design and housing products through
the use of the planned unit development process and similar
techniques.
21 ) Avoid locating high density housing to primarily serve as a buffer or
as a land use suited for absorbing negative impacts of adjacent land
uses. High density housing should only be developed in those areas
near support and commercial services.
22) Support development designs that are tailored to environmentally
sensitive areas containing rugged topography, wetlands, and
woodlands.
23) Code enforcement shall be used to keep illegal uses and physical
deterioration from compromising the value and integrity of the
housing stock within the community.
24) Parking lots shall be screened to reduce the impact upon adjacent uses.
25) Privatization of natural and historic features should be regulated to
promote neighborhood identity and to allow the community to share
the inherent value of prominent features.
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26) Neighborhoods and other land uses should be planned and developed
in accordance with the Comprehensive Land Use Plan. Development
proposals shall be thoroughly reviewed and evaluated to determine
consistency with City plans and policies.
27) Proposed revisions to the Land Use Guide Plan and requests for major
extensions of public services or utilities to accommodate the proposed
development and land uses shall be considered only after a thorough
review and analysis of the City public facilities plans, potential
environmental impacts, and merits of the changes.
28) Development shall be conducted in a manner that is sensitive to the
impact upon natural features and to environmental constraints,
including but not limited to surface water, wetlands, slopes,
woodlands, vegetation, drainage ways, shorelands, and flood plain
areas.
29) City policies and official controls shall provide opportunities for
development of housing for all segments of the population.
30) Retain natural ponding areas and wetlands, as appropriate.
31) Promote platting of large planned unit developments.
b) Economic Vitality:
1) Maintain the amount of publicly held tax exempt land at a reasonable
level commensurate with City needs; and, monitor the amount of tax
exempt land held by others within the City's jurisdiction for periodic
evaluation.
2) Set the minimum and maximum amounts of industrial and
commercial (office, service, retail) development desired.
3) Develop and maintain a method for determining and evaluating fiscal
impact of adherence to guide plans, policies, and programs.
4) Develop and maintain a method for determining and evaluating fiscal
impact of departures from established guide plans, policies, and
programs.
5) Encourage a mixture and diversity of industrial and commercial land
uses that will remain relatively stable under changing economic
conditions.
6) Identify the services needed to attract and retain commerce and
industry.
7) Services provided by the City should be within the fiscal and financial
capacity of the City, including the prudent use of debt.
8) Establish and maintain an economic development and redevelopment
program through support of the Economic Development Authority and
its goals:
i) Encourage and provide for the revitalization of the City through
the development or redevelopment of existing and new
commercial and industrial areas.
ii) Increase employment opportunities.
iii) Strengthen the City tax base.
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iv) Support broad-scale community development activities using
available and appropriate fmancing to fund the public
redevelopment cost.
9) Establish a theme for positive identification for redevelopment Of
existing commercial areas in focal locations including, but not limited'
to, Gateway, Downtown, and Priorda1e.
10) Establish a joint marketing plan and program with the Shakopee
Mdewakanton Dakota Community and with the tourist industry in
adjacent cities.
11) Maintain a current City Comprehensive Land Use Guide Plan and
Map.
12) Prepare and maintain official maps including, but not limited to:
zoning, transportation system, utilities, parks and trails, Shoreland
Management and Flood Plain areas, and existing land uses.
13) Industrial and commercial uses should be consolidated in planned
areas.
14) Reserve sufficient space on arterial roads for neighborhood,
community, and regional commercial centers.
15) Industrial and commercial centers should interface with the
community rather than be developed solely to capture vehicular traffic
that happens to travel through the city.
16) New development should contribute to the function and success of the
adjacent neighborhoods and the community.
17) Encourage, regulate, and promote non-polluting and aesthetically
pleasing commercial and industrial development.
18) Develop and support adequate uniform inspection policies and
effective enforcement procedures.
19) Encourage commercial and industrial self-policing and maintenance
of sites and structures.
20) Maintain proper physical site screening and landscaping standards.
21) Develop and maintain traffic patterns keeping industrial and
commercial traffic clear of residential areas.
c) Security:
1) All ordinances must be developed and enforced in the public interest.
2) The Comprehensive Plan should be subject to reviews and evaluations
at least every five years, to ensure the elements are current in terms of
adopted policies, development trends, and statutory requirements.
3) Ordinances, codes, and policies should be maintained through regular
review, evaluation, and, when warranted, revisions or repeal, to avoid
obsolescence and ineffectiveness.
4) City ordinances shall be enforced by the City staff in an equitable and
uniform manner.
5) Variances from City ordinances, codes, and regulations may be made
only after study, and after appropriate hearings, in accordance with
established variance standards and criteria.
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6) Ensure adequate public hearings prior to the adoption ofland use
ordinances and regulations.
7) Plan development of the City so that it occurs in a reasonable and
functional fashion.
8) Ordinances and zoning changes should be applied in a logical manner'
allowing sufficient time for those individuals directly affected by the
ordinance or zoning change to comply.
9) Discourage and/or prohibit the following:
i). "Spot" guiding and zoning with disregard of adopted standards
and criteria, to satisfy special interests.
ii) Reguiding or rezoning of land uses in unserviced and/or future
development areas when adequate zoned land is available in
serviced areas of the City.
iii) Urban development beyond existing utility service areas.
10) Transition between radically different land uses should be accom-
plished on the developer's property or by a natural boundary, an
arterial or collector road, and/or through adequate landscaping.
11) Effectively deliver basic public services which protect and preserve
the community and its residents; including police; fIre prevention and
fIre fighting; public health and environmental protection; protective
inspection; public works and engineering; planning; parks and
recreation; and, administrative and fInancial services.
12) Provide adequate buildings, facilities and equipment for all City
functions.
13) Provide the following facilities and services:
i) A planned transportation system.
ii) Adequate lighting for arterial roads and intersections.
iii) Optimum traffic regulatory signage and equipment at the level
required by law and conducive to a balance of traffic volume,
speed, and safety.
iv) An adequate sidewalk system paralleling arterials and major
collector streets, and local streets.
v) Clear visibility of major intersections and often-used driveways
through the plan approval process and code enforcement.
vi) Requirements for parking lot lighting.
vii) A safe and adequate potable water supply and distribution
system.
viii) An adequate program against accumulation of toxic weeds and
diseased trees.
ix) Minimize exposure of pedestrians to undesirable conditions.
x) Require a high standard of design and materials for all structures.
xi) Maintain optimum road conditions.
14) Develop an emergency and disaster plan and maintain this through
suitable training and practice alerts.
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15) Encourage the development of health facilities and support services,
including access to regional care centers.
16) Explore techniques which ensure ~ffective public services.
17) Promote proactive rather than reactive public safety measures through
regular preparation of a five-year public safety strategic plan.
18) Work cooperatively with the school district to determine the
pedestrian needs of the student population and develop safe walking
routes to school as needed.
19) Encourage the consideration of appropriate crime control measures in
the design and construction of public and private buildings.
20) Require high standards of design and materials used for all structures.
21) Maintain effective inspection services to ensure compliance with
development and building codes.
22) Ensure that all properties and structures are adequately maintained.
23) Provide for fees to cover cost of development and preservation
servtces.
24) Identify in advance the need for redevelopment of existing residential
structures and plan for such action.
25) Provide adequate regulations to prevent the development or existence
of any industrial or commercial endeavor which will, through its
operation, create a hazard to the environment.
26) Require all developers to retain the natural environment as much as
possible such as the preservation of desirable trees, shrubs, land forms,
swamps, and ponding areas.
27) Effectively and uniformly regulate the development of structures and
other land uses in or near flood plain and drainage areas.
28) Nonconforming land uses should be eliminated over time.
29) Develop and maintain communications with the school district to
ensure proper location of educational structures.
30) Require that any waste disposal or processing facility meets or
exceeds all federal, state, and local requirements, and be located in an
area which will not jeopardize future development of the City.
3l) Require the burial of telephone and electric and cable service
distribution lines with new development, and over time, as above-
ground facilities are replaced.
32) Prohibit outside storage without adequate screening from neighbors
and public view.
33) Require adequate storage and containment of waste and refuse
materials.
34) Encourage full participation in public and private recycling programs.
d) Access:
Vehicular Traffic Flow
1) Classify and design city streets and highways to serve specific
functions in accordance with sound traffic engineering principles.
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2) Cooperate with County and State jurisdictions to keep through-traffic
on arterials at minimum disruption oflocal circulation and residents.
3) Maintain standards ofland use at intersections to avoid congesting
arterial interchanges with circulation oflocal traffic.
4) Require new plats to demonstrate a continuity of street patterns an3
street access to adjacent parcels within proposed neighborhoods.
5) Require arterial and major collector access without use of neighbor-
hood streets for high density and high intensity use concentrations.
6) Access to arterials and major collectors shall be by public street only.
7) Establish a minimum interval between arterial highway interchanges
and local intersections and private driveways which is consistent with
reasonable traffic engineering standards.
8) Plan for and provide public access to public waters with a minimum
impact upon residents.
Pedestrian Access
9) Require pedestrian and limited vehicular access to neighborhood parks
and vehicle access and parking areas to community playfields and
City parks from minor arterials or major collectors.
i) Provide for low maintenance natural greenway trail systems for
recreational purposes from which all motor vehicles are banned.
ii) Provide for availability and maintenance of surfaced walkways
between major activity centers.
iii) Restrict use of motorized vehicle activities to appropriate limited
areas.
10) Elementary schools should be located on at least minor collector
streets and afford maximum pedestrian access and safe efficient
vehicle and bus access.
11) Junior high or middle schools should be located on at least minor
arterial streets and provide a balance of safe access for pedestrians and
vehicles.
12) High schools should be located at intersections of at least minor
arterial streets for a higher degree of vehicle access as well as safe
pedestrian access.
13) A trail system should be developed in a manner that provides access
within and among neighborhoods, business districts, schools,
churches, and park lands, and which promotes pedestrian and non-
motorized vehicle safety near high volume roadways.
Aviation
14) Support safety standards consistent with State Aeronautic Regulations,
for landing float planes on lakes.
15) Ensure land use plans and regulations are consistent with applicable
State Regulations as to height of structures.
16) Monitor any new airport proposals and regional aeronautic activities
to determine potential impact upon City residents and commerce.
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-r;
Water
17) Provide access to public waters through plans and programs developed
in conjunction with the Lake Advisory Committee and with other
agencies having jurisdiction. >
18) Promote adoption and enforcement of water safety standards.
Mass Transit
19) Identify and promote use of appropriate locations for transfer stations
including, but not limited to, "Park-and-Ride" lots.
20) Consider provision for mass transit vehicle access and circulation
during review of development and redevelopment plans for
employment centers and high density residential projects.
21) Encourage routes and schedules that meet current citizens' needs and
anticipate future requirements.
22) Work with Metropolitan Council and other communities to promote a
public transportation system which is responsive to the needs of all
communities and equitable with respect to services delivered and
revenues collected.
23) Promote public participation and cooperation in transit planning,
promotion, and delivery.
24) Investigate and experiment with various modes of transit and traffic
demand management techniques.
25) Encourage transit service for the city in proportion to taxes paid to
regional transit authorities.
Other
26) Require that land proposed for urban development be served with all
municipal utilities, i.e., do not extend sewer to new lands unless sewer,
water and storm drainage can be developed concurrently.
27) Extend utilities only to areas contiguous with existing utility service
boundaries, in accordance with approved growth and capital
improvement plans.
28) Determine land use categories within the Metropolitan Urban Service
Area (MUSA) where an inadequate supply ofland serviced by public
utilities remains, and concentrate future public utility extensions to
those areas according to the Land Use Guide Plan Map.
29) Cooperate with the school district to promote development of utilities
and land in the direction of future school sites so utilities are available
when schools are to be built.
30) Make maximum use of surface drainage ways and ponding, rather
than closed-pipe systems for storm drainage.
31) Identify those areas that should be included in the MUSA and which
could be included within the existing capacity of interceptors and
treatment facilities; develop and maintain a planned program of
servicing these areas as the supply of serviced land diminishes.
32) Identify those areas that should be included in the MUSA over time
with the expansion of the metropolitan waste management system;
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develop and maintain a tentative schedule so the local plans can be
coordinated with the expansion of metropolitan facilities.
33) Monitor the use of the metropolitan sewer facilities in the City by
other jurisdictions and the status of the capacity of the facilities that is
and could be available for development.
34) Periodically assess technological developments which could impact
on City development.
35) Adapt and utilize where possible technological innovations which
enhance community quality and increase the effectiveness of City
government.
e) Human DeveloDment:
1) Coordinate with the school district in school site selection.
2) Encourage joint development and utilization of education, recreation,
and social service facilities and services.
3) A library should be retained within the City unless an affordable
regional facility can be provided elsewhere that provides equal or
better service.
4) Encourage the location of preschool and day care facilities in the
vicinity of major activity and employment centers.
General
5) Establish and maintain a comprehensive park and trail systems plan;
efforts should be consistent with the Comprehensive Plan and
recreation industry objectives.
6) Park construction and maintenance should be aggressive and
completed in a timely fashion.
7) Develop a year-round system of recreation programs which appeals to
all citizens of the community.
8) Periodically conduct research and surveys to identify cost effective
ways of responding to community leisure needs.
9) Major sites for park and recreation purposes should be acquired in
advance of their actual need to assure a desirable location in relation to
the area to be served.
10) Establish and maintain a park and open space land dedication policy
for new subdivisions.
11) Acquisition and development ofland for parks and trails should take
into consideration potential conflicts with adjacent land uses and on-
going maintenance costs.
12) City funds should be available for land acquisition in those cases
where the Comprehensive Park Plan requires more open space than
the developer is required to dedicate.
Neilzhborhood Level
13) Each neighborhood identified by this Plan should contain a centrally
located park within walking distance of all homes, oriented to small
child and parent activities rather than to organized athletic activities.
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11
14) Facilities should be jointly shared with elementary schools where
possible. Programs should reflect consideration of neighborhood
needs and desires and should take maximum advantage of site
capabilities.
Community Level
15) Major public open space and activity centers should be made available
within each quadrant of the City, not only for environmental contrast
and passive recreation, but for those major organized active recreation
and indoor group programs which cannot practically be conducted at
school centers.
16) Major open spaces should be planned and provided, notwithstanding
facilities owned or planned by other jurisdictions, and the plans should
incorporate a variety of natural physical elements though not
necessarily within every park area.
17) Since the passive open space involved in City parks should be oriented
to the unique natural features of the land which help establish the
character for each quadrant of the city, a central location in each
quadrant for City open space is not essential.
18) Iflocation and size permit, neighborhood park facilities can be
incorporated into the design and development of a community park.
19) A large nature-study preserve should be provided, possibly, though
not necessarily as part of a City park. Small neighborhood preserves
should be acquired through the land development process.
20) A system of trailways should be developed in the City to link major
areas of interest with special attention given to separation of
pedestrian and bicycle traffic from vehicular traffic.
21) The City should make plans to either acquire or develop desired
facilities which happen to be privately owned as principal uses, rather
than assuming those recreation facilities will continue.
22) The preservation and treatment of open space shall be major
consideration in planning and review of all types of development
within the City.
23) Encourage development of youth activity facilities which are properly
supervised.
24) Support properly structured drug abuse and chemical dependency
treatment programs.
25) Coordinate closely with other jurisdictions and agencies regarding the
operation of institutions for corrections and social rehabilitation.
26) Support individuals seeking to deal with human and support services
affecting City residents.
27) Encourage voluntary organizations seeking to develop partnerships
linking community needs with resources within the community.
28) Encourage the formation of homeowner associations, athletic
associations, civic groups, and other voluntary associations whose
objectives are to strengthen and improve the opportunities for all
people to participate in community and governmental affairs.
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29) Develop and encourage mechanisms to improve communications and
information exchange among individuals, neighborhoods, voluntary
associations and the City government.
i) Provide individuals with greater opportunity to partfcipate and
exert an impact on decision-making and the way elected officialS
exercise power, e.g., town meetings, accessibility to elected
officials via voice messaging, cable cast of meetings.
ii) Encourage confidence in and understanding about the democratic
principles of self-government.
iii) Conduct community attitude surveys periodically to assist in
budget and policy development.
iv) Conduct at least one city-wide annual event involving planning
and execution by community groups.
v) Identify a plan for maintaining ongoing communication between
community groups and the City.
vi) Communicate the strategic plan components and its regular
update to residents so that it will remain a living document and
will receive regular review, update, and publicity.
vii) Elicit a means of involving neighborhoods in City affairs.
30) Encourage public and private cooperation through both formal and
informal partnerships to meet specific needs and to foster new ideas.
31) Encourage the private sector to promote the City's identity and quality
oflife.
32) Support participation by elected and appointed City officials in
community service and organizations.
33) Install arrival monuments and directional signs on arterial roads at the
major gateways to the City so that community amenities can be easily
located.
34) Foster intergovernmental cooperation.
i) Monitor and participate in activities sponsored by adjacent
communities, Scott County, Metropolitan Council, and the State.
ii) Focus on government-to-govemment relationship between the
Shakopee Mdewakanton Dakota Community and the City.
iii) Communicate the Strategic Plan and the Comprehensive Plan to
the Shakopee Mdewakanton Dakota Community, the County,
and adjacent municipalities, and identify opportunities for
collaboration.
18. The City Council finds that to accomplish the goals, objectives and policies set forth
in the Comprehensive Plan, it is necessary to adopt this Zoning Ordinance in order to:
a) Protect the residential, business, industrial and public areas of the community
and maintain their stability.
b) Promote the most appropriate and orderly development of the residential,
business, industrial and public areas.
c) Provide adequate light, air and convenient access to property.
d) Limit congestion in the public rights-of-way.
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e)
Prevent overcrowding ofland and undue concentration of structures by
regulating the use ofland and buildings and the bulk of buildings in relation to
the land surrounding them.
Provide for the compatibility of different land uses.
Require that development proceed according to the goals, objectives and
policies established in the City's Comprehensive Plan.
f)
g)
. >
h)
Maintain a tax base necessary to the economic welfare of the City by insuring
optimum values for property in the City.
Enhance the aesthetic character and appearance of the City.
i)
j)
k) Provide adequate off-street parking and loading facilities.
l) Defme the powers and duties of the Planning Commission and the Zoning
Board of Adjustment.
m) Provide effective administration of this Ordinance and any future amendments
to this Ordinance and prescribe penalties for the violation of its requirements.
Establish a continuing system of review of this Ordinance to ensure it will be
amended to meet changing needs of the community and advances in science
and the arts.
Conserve natural resources and environmental assets of the community.
n)
19. Further, the Council fmds that the goals and objectives stated herein are legitimate
government interests and are necessary to promote the public health, welfare and safety of the
citizens of the City.
ill. mSTORY OF THE ZONING ORDINANCE
20. The City Council fmds that the proposed Zoning Ordinance has been duly considered
by the Planning Commission and City Council as it relates to zoning changes which are necessary
to implement the Comprehensive Plan.
21. The Planning Commission discussed the draft Zoning Ordinance on January 28, 1997,
February 10, 1997, February 25, 1997, March 10, 1997, April 14, 1997, April 15, 1997, April 28,
1997, June 23, 1997, July 10, 1997, and August 11, 1997.
22. The Planning Commission held a public hearing on the fIrst draft of the zoning
ordinance on September 22, 1997, and received oral and written testimony. Notice of the public
hearing was published in the August 23, 1997, August 30, 1997, and September 6, 1997, editions of
the Prior Lake American.
23. The public hearing was continued to November 24,1997, and to December 8,1997,
and the Planning Commission received additional testimony.
24. On December 8, 1997, the Planning Commission recommended approval of the
zoning ordinance and forwarded it to the City Council for review.
25. The Planning Commission held an additional public hearing on January 26, 1998, to
consider the addition of adult use regulations, tower and antenna regulations and architectural
controls to the zoning ordinance. The Planning Commission recommended approval of these
regulations and forwarded this recommendation to the City Council.
26. The City Council reviewed the zoning ordinance at workshops on December 8, 1997,
March 18,1998, March 24,1998, March 30,1998, April 6, 1998, June 9, 1998, June 23,1998, and
July 6, 1998. Following these meetings, the Council directed staffto prepare a draft of the zoning
ordinance reflecting the recommended changes. That draft is dated September 11, 1998.
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14
27. On October 5, 1998, the City Council held a public hearing on the September 11,
1998, draft of the zoning ordinance, and received both oral and written testimony. Notice of the
public hearing was published in the September l2, 1998, September 19, 1998, and September 26,
1998 editions of the Prior Lake American.
28. The City Council continued the October 5, 1998, public hearing and received
additional testimony on November 2, 1998, and on November 16, 1998.
29. On December 7, 1998, the City Council held a workshop to discuss the fma1 issues
pertaining to the zoning ordinance.
30. On December 21, 1998, the Council adopted Resolution 98-144 directing staffto
prepare an ordinance with fmdings of fact for the adoption of a comprehensive zoning ordinance
and zoning map for the City of Prior Lake.
31. Comments received for the record at all of the public hearings addressed a number of
issues which are summarized below:
a) The required bluff setbacks and the need for flexibility.
b) The setback from the ordinary high water elevation of the lakes, and whether it
should be 50 feet or 75 feet.
c) The requirement for the combination of nonconforming lots in common
ownership.
d) The status of existing marinas in both commercial and residential districts, and
whether this use should be a permitted or a conditional use.
e) Specific zoning changes at 13380 Hickory, Laker's Restaurant, and Watersedge
Marina.
f) The application of setback averaging on lots adjacent to vacant lots.
g) The need for engineering reports on lots determined to have a bluff.
h) The measurement of setbacks, whether they should be from the nearest point of
the building, including eaves and gutters, or from the foundation wall.
i) The proper fence height in front yards.
j) A request to include motels/hotels as permitted uses in the Business Park
District.
IV. SPECIFIC FINDINGS TO SUPPORT ADOPTION OF ZONING ORDINANCE
32. The City Council fmds it necessary to regulate land by:
a) Providing for land uses that are permitted in the City.
b) Regulating the location of land uses that are permitted in the City.
c) Regulating dimensional standards relating to height, floor area ratio, side yard
abutments, minimum lot width, front yard setbacks, front and rear yard depth
requirements, and housing density.
d) Imposing performance standards on land uses that regulate, in part, vibration,
glare and heat, industrial waste material, noise, air pollution, outside storage,
traffic, hours of operation, outdoor activity, parking, utilities, vehicular access,
light, landscaping, bufferyards, signage and proximity to other uses.
33. Further, the City Council finds that these regulations are reasonable and relate to
promoting a legitimate government interest.
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15
~1
iI ...
34. The City Council fmds, based upon its experience and judgment, public testimony,
advice and recommendation of City staff, the Planning Commission, and other expert opinion, that
in certain circumstances, land use regulations, including, but not limited to, regulating permitted,
accessory, permitted with conditions, and permitted as conditional uses, and requiring compliance
with dimensional and performance standards do not provide sufficient protection to the health,
welfare and safety of the citizens of the City to protect against nuisances.
35. The City Council has the authority to prohibit new land uses in the City which are
detrimental to the health, safety and welfare of the citizens, inconsistent with the goals, objectives
and policies set forth in the Comprehensive Plan, cause diminution in property values, spread of
urban blight, or are a nuisance.
36. The City Council has the authority under its statutory police powers to enact
reasonable legislation to preserve and protect the health, welfare, and safety of the community and
to prohibit certain land uses in the City that the Council reasonably believes may have adverse
effects on surrounding neighborhoods and property values or are a nuisance.
37. The City Council fmds that in order to promote the health, welfare and safety of the
community, to maintain property values and to implement the goals and policies of the
Comprehensive Plan, it is necessary to:
a) Rezone certain properties consistent with the goals, objectives and policies set
forth in the Comprehensive Plan;
b) Prohibit the establishment of new land uses in the city which have the likelihood
of creating impacts generally associated with public nuisances;
c) Impose performance standards on commercial and industrial uses based upon the
proximity of the commercial and industrial use to other uses; and
d) Impose conditions on the expansion, enlargement, intensification and
reconstruction of nonconforming uses.
38. Further, the City Council fmds that actions set forth in Finding 37 (a-d) are necessary
and reasonably related to promoting legitimate government interests.
39. The Zoning Ordinance establishes land uses that are permitted in the City either as
permitted uses, uses permitted with conditions, or uses permitted with conditional use permits.
40. The City Council fmds that uses classified as permitted uses are those that do not have
the tendency to create significant noise, vibration, odor, dust, fumes, emissions, heavy traffic, glare,
crime, diminution in property values, urban blight or unpleasant aesthetics; but that from time to
time it may be necessary to amend the zoning ordinance relating to uses that are permitted in the
City.
41. The City Council fmds it necessary to eliminate and prohibit certain land uses that are
incompatible within the nature and character of the City, incompatible with surrounding
neighborhoods and are inconsistent with the goals set forth in the Comprehensive Plan.
v. TERMINATION OF FUTURE USES
42. The City Council hereby incorporates Findings 1 through 41 herein.
43. The goals and policies set forth in the Comprehensive Plan, as set forth in Findings 16
and 17, are legitimate governmental interests rationally related to promoting the health, welfare and
safety of the City.
44. The City Council has balanced the benefits the City will derive from not permitting
certain new land uses in the City under this Zoning Ordinance against the burdens these actions will
impose on individual property owners. The City Council finds that the benefits the City derives
outweigh the burdens imposed on the property owners.
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16
A. ADULT USES
45. The City Council hereby incorporates Findings 1 through 44 herein.
46. The City Council fmds there i~>convincing documented evidence that sexually
oriented adult uses, because of their very nature, have a deleterious effect on both the existing
businesses around them and the surrounding residential areas, causing increased crime and
downgrading of property values.
47. The City Council finds that sexually oriented adult uses, due to their nature, have
serious objectionable operational characteristics, particularly when they are located in proximity to
each other, thereby contributing to urban blight and downgrading the quality oflife in the adjacent
area.
48. The City Council finds it necessary to minimize and control these adverse effects and
thereby protect the health, welfare, and safety of the citizenry; protect the citizenry from increased
crime; preserve the quality oflife; preserve the property values and character of the surrounding
neighborhoods and deter the spread of urban blight by permitting these uses only with a conditional
use permit in the C-3, C-4 and 1-1 districts.
49. The City Council declares it is not the intent of this ordinance to suppress any speech
activities protected by the First Amendment to the United States Constitution, but to enact a content
neutral ordinance which addresses the secondary effects of sexually oriented adult uses.
50. The City Council states it is not their intention to condone or legitimize the
distribution of obscene materials, and the Council recognizes that state law prohibits the
distribution of obscene materials and expects and encourages state law enforcement officials to
enforce state obscenity statutes against any such illegal activities in the City.
V. OTHER FINDINGS
51. This Zoning Ordinance contains significant changes from the zoning ordinance
previously in effect. These changes reflect background studies and reports by staff, as well as
books and articles covering technical and legal aspects of this ordinance, review and
recommendations of the Planning Commission and input received during public meetings.
52. The following summarizes some of the significant changes from the previous
ordinance to this Zoning Ordinance.
a) New Zonin~ Districts. The number of zoning districts remains basically the
same, however, the names and designations of the districts have changed. The
districts are also better defmed, and include a more comprehensive list of uses
allowed in each district.
b) Land Use Descriptions and Definitions. This ordinance clarifies land uses by
providing a description and a definition of the various types of residential,
commercial and industrial uses listed in the ordinance. The ordinance also adds
temporary land uses. The ordinance also includes a provision allowing the
Zoning Administrator to make a determination on a land use based on specific
criteria.
c) CatelZories of Permitted Uses: The ordinance defines three categories of
permitted uses: (1) permitted uses; (2) uses permitted with conditions; and (3)
uses permitted with conditional use permits. The ordinance further identifies the
conditions which must be included with the latter two types of uses.
d) Performance Standards. The ordinance has been expanded to include specific
standards for parking, lighting, landscaping, bufferyards, signage and
architectural design.
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17
e) Planned Unit Developments. The PUD process has been defined as an overlay
district, with specific criteria to be met in order for the PUD to be approved.
f) Nonconforming Uses. The ordinance expands the nonconforming provisions to
include a description of the different types of non conformities, and to describe
how these nonconformities are dealt with.
g) Shoreland Re(!Ulations. The Shoreland District has been revised so that it is
consistent with the Minnesota Department of Natural Resources Shoreland
Management Rules. Specifically, this includes a provision requiring the
combination of nonconforming lots in common ownership. The ordinance does
allow a 6 month grace period for this combination. The ordinance also defmes
how a bluff IS measured on a lot. Areas in which the DNR has allowed the City
flexibility in these rules include a 30% impervious surface, building height, and
lot area for non-riparian sewered lots on Natural Environment Lakes.
h) Flood Plain Re(!U1ations. The Flood Plain regulations have been revised so they
are consistent with State requirements. The State has allowed some flexibility in
allowing dwellings built when the l' of freeboard was not required to be
considered a conforming structure.
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