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HomeMy WebLinkAbout9D - Setback Requirements Ordinance 99-06 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MAY 17, 1999 9D JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR Ob CONSIDER APPROVAL OF ORDINANCE 99~PROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE SETBACK REQUIREMENTS FOR NONRESIDENTIAL STRUCTURES AND PARKING LOTS ADJACENT TO RESIDENTIAL ZONING DISTRICTS History: Prior to May 1, 1999, Section 5-4-1 E of the Zoning Ordinance required nonresidential structures to maintain a minimum setback of 60' for side and rear yards adjacent to Residential districts. This section also required parking lots and access drives for nonresidential uses to maintain a 20' setback for side and rear yards adjacent to Residential districts, This provision was inadvertently excluded from the new Zoning Ordinance, effective on May 1, 1999, Therefore, an amendment is necessary to include this provision, Current Circumstances: The Planning Commission considered this amendment at a public hearing on April 26, 1999. The Planning Commission concurred that the provision was inadvertently excluded when the new ordinance was drafted, The Planning Commission recommended approval of this amendment. The Issues: The intent of the Council has been clear to maintain the setback between Residential districts and nonresidential uses, The purpose of this amendment is to correct an inadvertent error which occurred during the drafting of the new ordinance, The specific changes are listed as shown on the attached ordinance, The deletions are sections which identify a lesser setback. The additions are the specific language requiring the setbacks. Conclusion: The proposed ordinance is an attempt to correct an error which occurred during the drafting of the current ordinance, Both the Planning Commission and the staff recommend approval of this amendment. 162bQlf~~'~'ef~~W~S~i~l~:~~i5?r~t~innesota 55372-1714 / Ph. (612) 447-4230 / Fa!t61~) 447-4245 A~ EQUAL OPPORTUNITY EMPLOYER RECOMMENDED MOTION: REVIEWED BY: 1. Adopt Ordinance 99- XX approving the proposed amendment a requested, 2, Deny Ordinance 99-XX. 3. Defer this item and provide staffwith specific direction, Ifthe City Council concurs with the Planning Commission recommendation, Alternative #1 is appropriate. This requires a motion and second to adopt Ordinance 99-XX approving the proposed amendment to the Zoning Ordinance. Approval ofthis ordinance requires a 4/5 vote ofthe Council. 1:\99fi1es\99ordamd\zoning\99-0 18\990 18cc,doc Page 2 ~ ....- ,~/ CITY OF PRIOR LA~ ORDINANCE NO. 99- xx...O (p AN ORDINANCE AMENDING SECTIONS 1102.902, 1102,1002, 1102.1002, 1102.1202, 1102.1300, 1102.1600 AND 1107.204 (13) OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1, Section 1102.902 of the Prior Lake City Code is hereby amended to delete subsections 7,b and 8,c, and to renumber these sections accordingly, 2, Section 1102,1002 of the Prior Lake City Code is hereby amended to delete subsections 6,b, 7,b, and 11, b, and to renumber these sections accordingly, 3, Section 1102,1102 of the Prior Lake City Code is hereby amended to delete subsections 7,b, 9,b, and II,b, and to renumber these sections accordingly, 4, Section 1102.1202 of the Prior Lake City Code is hereby amended to delete subsections 8,b, 10,b, and 17, b, and to renumber these sections accordingly, 5, Section 1102,1300 of the Prior Lake City Code is hereby amended to add the following language: (11) Unless otherwise noted in this Ordinance, all commercial uses shall maintain a minimum setback of 60' from any side or rear lot line abutting an "R" Use District. 6, Section 1102,1600 of the Prior Lake City Code is hereby amended to add the following language: (12) Unless otherwise noted in this Ordinance, all industrial uses shall maintain a minimum setback of 60' from any side or rear lot line abutting an "R" Use District. 7, Section 1107,204 (13) of the Prior Lake City Code is hereby amended to add the following language: Off-street parking spaces and access drives for nonresidential uses shall be setback a minimum of20' from any side or rear lot line abutting an "R" Use District. This ordinance shall become effective from and after its passage and publication, Passed by the City Council of the City of Prior Lake this 17th day of May, 1999, 1:\99fi1es\99ordamd\zoning\99-0 18\ord99xx.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ATTEST: City Manager Mayor Published in the Prior Lake American on the 22nd day of May, 1999, Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\99files\99ordamd\zoning\99-0 18\ord99xx.doc PAGE 2 1l'