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Home My WebLink About8B - City Code Ordinance - City Codes AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF ORDINANCE #97-XX AMENDING THE ZONING ORDINANCE AND CITY CODE REGARDING: 1) PUD'S AS CONDITIONAL USE PERMITS; 2) SETBACKS ALONG COLLECTOR STREETS; 3) ZONING BOARD OF ADJUSTMENT APPROVAL OF TREE REPLACEMENT PLANS; 4) ESTABLISH AN ORDINARY HIGH WATER ELEVATION (OHWM) ON PREVIOUSLY UNDETERMINED LAKES FEBRUARY 3, 1997 The purpose of this item is to consider approval of several "housekeeping" amendments to the Zoning Ordinance and City Code as it relates to the treatment of PUD's, setbacks along collector streets, approval of tree replacement plans, and establishing an OHWM for previously undetermined lakes. A recent review of the Zoning Ordinance identified several minor amendments which should be made immediately, rather than as part of the overall Zoning Ordinance revision. The purpose behind these amendments is to simplify the administration of the current ordinance. Each of the amendments is discussed in detail in the following paragraphs. 1. Amendment to Section 5-3-3 of the City Code and Section 3.2 of the Zoning Ordinance to remove Planned Unit Developments as a Conditional Use in the R-1, R-2 and R-3 districts, and to add PUD's as a zoning district. The Zoning Ordinance currently includes Planned Unit Developments in the list of Conditional Uses in the R-1, R-2 and R-3 districts. However, a PUD is really its own zoning district, or an overlay district, with an approval process separate from that of a conditional use permit. In order to eliminate the confusion this causes, the proposed amendment removes PUD's from the list of conditional uses. The amendment also adds Planned Unit Development as a zoning district, and provides a description of this district. This amendment does not change the procedures or standards for a planned unit development. 2. Amendment to Section 5-4-1 (M) of the City Code and Section 4.1 (K) of the Zoning Ordinance to apply the setbacks for County Roads and Collector Streets to "Major" Collector streets only. The current ordinance requires an 85' setback from the centerline of the existing traveled roadway on all County roads and collector streets. When this ordinance was originally adopted, the only 1:\96files\96zoamnd\96-124za\96124cc.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 collector streets were also County roads. When the Comprehensive Plan was adopted in June, 1996, it established a series of both "minor" and "major" collector streets. In addition to County roads, "major" collector are streets such as Fish Point Road and Carriage Hills Parkway. "Minor" collectors on the other hand include streets such as Wilds Parkway, Willowwood Street and Northwood Road. Neither the original ordinance nor the Comprehensive Plan intended to apply the increased setback to "minor" collectors. The proposed ordinance will clarify this section by referring to "major" collector streets only. 3. Amendment to Section 5-5-16 (F,2) of the City Code and Section 6.16 (F ,2) of the Zoning Ordinance to remove the language requiring Zoning Board of Adjustment Approval of Tree Replacement Plans conforming to the Tree Replacement formula, and adding language clarifying that the percentage refers to a percentage of total caliper inches of significant trees. The Tree Preservation Ordinance, adopted in January, 1996, allows a percentage of the total caliper inches of significant trees to be removed. The ordinance also allows the removal of additional trees with a tree replacement plan. The formula for the replacement of trees is spelled out in the ordinance. The staff recently discovered a provision in the ordinance which requires the Zoning Board of Adjustment to approve a variance to allow the removal of significant trees, even with a tree replacement plan. This paragraph does not seem to be consistent with the intent of the tree replacement plan provisions, nor has the ordinance ever been applied in this manner. The staff, therefore, proposes to eliminate this paragraph. It appears the ordinance intended to allow the removal of trees as long as there is a tree replacement plan which meets the provisions of the ordinance approved by the staff. A variance is certainly required if the removal of significant trees is proposed without a replacement plan. The staff is also proposing to add a phrase to the ordinance which clarifies that the allowable percentage is a percentage of total caliper inches. Section 5-5-16 (F,2) of the ordinance currently states "up to twenty-five percent (25%) of significant trees..." which can be interpreted to mean 25% of the number of trees. However, the example provided in Section 5-5-16 (F,3) clearly indicates the percentage refers to the total number of caliper inches. The staff is proposing to change 5-5-16 (F,2) to read "up to twenty-five percent (25%) of the total caliper inches of all significant trees... " in order to eliminate any potential confusion. This language is consistent with the example provided, and does not change the intent of the ordinance. 4. Amendment to Section 5-8-2 (A) of the City Code and Section 9.2 (A) of the Zoning Ordinance adding an Ordinary High Water Mark Elevation (OHWM)as determined by the MN DNR to those lakes which do not have a previously established OHWM 1:\96fi1es\96zoamnd\96-124za\96124cc.doc PAGE 2 DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REPORT ATTACHMENTS: (Jeffers Pond, Markley Lake and Blind Lake), and changing the OHWM on Howard Lake to the elevation determined by the DNR. When the Shoreland regulations were originally adopted, the DNR had not established an OHWM on Jeffers Pond, Markley Lake or Blind Lake. Since then, the DNR has reviewed these lakes, and established an OHWM for each of the lakes as shown on the attached ordinance. The DNR has also reviewed the OHWM for the other public waters in the City of Prior Lake and has determined the OHWM for Howard Lake can be reduced from 957.3' to 957.2 feet. The proposed ordinance amendment adds the newly established elevations. This amendment is consistent with the DNR rules, and with the intent of the current Shoreland regulations. The addition of the OHWM's will provide a guide for any new development around these lakes. The Planning Commission held a public hearing on this amendment on January 13, 1997. The Commission recommended approval of this amendment. The attached minutes of the Planning Commission meeting summarize the discussion of this matter. The Planning Commissioners concurred with the proposed amendments. 1. Adopt the amendment to the Zoning Ordinance as recommended by the Planning Commission and staff. 2. Further discuss this issue and direct the staff to provide additional information to the City Council. 3. Deny the proposed amendment. Adopt Alternative #1. A motion and second to adopt the proposed ordinance. This action requires a 4/5 vote of the Council. 1. Proposed Ordinance' 2. Minutes of Januarl13, 1997, Planning Commission Meeting lJ kv~ Reviewed EW: F ( ../' Boyles, City Manager 1:\96files\96zoamnd\96-124za\96124cc.doc PAGE 3 CITY OF PRIOR LAKE ORDINANCE NO. 97- XX AN ORDINANCE AMENDING SECTIONS 5-2-2, 5-3-3, 5-4-1, 5-5-16, AND 5-8-2 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTIONS 2.2, 3.2, 4.1, 6.16, AND 9.2 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Sections 5-2-2, 5-3-3, 5-4-1, 5-5-16, and 5-8-2 of the Prior Lake City Code and Sections 2.2, 3.2,4.1,6.16, and 9.2 of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: Section 5-2-2 of the City Code and Section 2.2 of the Zoning Ordinance are hereby amended by adding PUD Planned Unit Development to the list of Zoning Districts, and by adding Paragraph (N) as follows: (N) PUD Planned Unit Development is established as a district which is intended to provide residential areas which can be developed with some modifications of the strict application of the R-l, R-2, and R-3 districts. Section 5-5-12 of the City Code details the provisions and regulations governing the creation of this district. Section 5-3-3 of the City Code and Section 3.2 of the Zoning Ordinance are hereby amended by deleting Planned Unit Developments from the list of Conditional Uses in the R-I, R-2 and R-3 districts. Section 5-4-1 (M) of the City Code and Section 4.1 (K) of the Zoning Ordinance are hereby amended by adding the language in bold italics and deleting the language shown in strikethrough letters: County Roads and Major Collector Streets: The minimum setback requirement for County roads and major collector streets, as identified in the Comprehensive Plan, shall be measured from the centerline of the existing traveled roadway. Setback requirements diff-er according to the functional designation of the road as classified in the Prior Lake Comprehensive Plan. Front yard setbacks for the following designated roads shall be determined as follows: 1:\96fi1es\96zoamnd\96-124za\ord97xx.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 County Road 42: County Road 18: 85 feet in platted areas with utilities; 150 feet in all other areas 85 feet in platted areas with utilities; 150 feet in all other areas 150 feet in all areas 250 feet in all areas Major Collector Streets: County Roads: Section 5-5-16 (F ,2) of the City Code and Section 6.16 (F ,2) of the Zoning Ordinance are hereby amended by adding the language in bold italics and deleting the language shown in strikethrough letters: 2. Allowable Tree Removal: (a) Initial Site Development: For the initial site development, up to twenty-five percent (25%) of the total caliper inches of all significant trees will be allowed to be removed without tree replacement or restitution for the following activities: (1) Grading of the road right-of-way. (2) Utilities installation, including sanitary sewer, storm sewer, water, natural gas, electric service, telephone service, cable television, and other similar public or semi- public utilities. (3) Construction of public or private streets. (4) Construction and/or grading of drainage ways. In addition to the twenty-five percent (25%) of the total caliper inclles of all significant trees which may be removed without replacement or restitution for the above-listed activities, an additional twenty-five percent (25%) of the total caliper inches of all significant trees on individual lots within the sites of new development may be removed without replacement or restitution for the installation of utilities, driveways and building pads. (b) Previously Platted, Vacant Lot Development: On individual lots, up to twenty-five percent (25%) of the total caliper inches of all significant trees may be removed for the installation of utilities, driveway and the building pad without tree replacement or restitution. '^1pplications for variance frem the provisions of this Seetion shall Be revie\vea by the Board of ,^.djustment following the proeeaures set forth in Sectien 5 (j 5 efthis Title. The Board of Adjustment may permit signifieant trees to Be removed in eKeess €If the limitations of this ehapter, j3rovided all trees remeved in exeess of saia limitations shall be rej3laeed in aeeordaRee with the Tree Rej3laeement Formula, and j3rovidea that all eriteria fer graating variances are met. Significant trees in excess of the limitations of this chapter may be removed, provided all trees removed in excess of said limitations shall be replaced in accordance with the Tree Replacement Formula. Section 5-8-2 (A) of the City Code and Section 9.2 (A) of the Zoning Ordinance are hereby amended by adding or changing the OHWM for the following lakes: I :\96fi1es\96zoamnd\96-124 za\ord97xx.doc PAGE 2 Lake Howard Lake DNR ID No. 70-73P OHWM 957.2 Unnamed (Jeffers Pond) 70-77 866.10 Markley Lake 70-21 W 893.2 Unnamed (Blind Lake) 70-53 948.7 This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of ,1997. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of ,1996. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 PAGE 3 1:\96fi1es\96zoamnd\96-124za\ord97xx.doc PLANNING COMMISSION MINUTES 1/13/97 Comments from the public: Ray Piirainen, Director of Real Estate for Fairview Hospital, asked the Commissioners support of the request and stated they will remove the temporary sign. Comments from the Commissioners: V onhof: . Directional signs are "Medical" and "Delivery". . Piirainen said there were no traffic complaints from the neighbors. . Piirainen explained the delay with the signs. Fairview merged with other clinics and changed their signs/logos. He does not feel there will be any other sign changes. Stamson: . The sign design looks good. . Agreed with staff and their recommendation. Wuellner: . Agreed with staff recommendation. Criego: . His only concern was the sign did not have any directional towards the residents and it faces Highway 13. MOTION BY STAMSON, SECOND BY WUELLNER, TO APPROVE RES. 97-01PC GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT AN ILLUMINATED WALL BUSINESS SIGN IN A RESIDENTIAL ZONING DISTRICT AND AS A SIGN ACCESSORY TO A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 4151 WILLOWWOOD STREET. Discussion: The permit given on the first sign expired six months after the conditional use. MOTION CARRIED UNANIMOUSLY. 4. Public Hearings: A. CASE #96-124 NOTICE OF PUBLIC HEARING TO CONSIDER THE FOLLOWING AMENDMENTS TO THE CITY CODE AND THE PRIOR LAKE ZONING ORDINANCE: 1. TO REMOVE PLANNED UNIT DEVELOPMENTS AS A CONDITIONAL USE IN THE R-I, R-2 AND R-3 DISTRICTS; 2. TO APPLY THE SETBACKS FOR COUNTY ROADS AND COLLECTOR STREETS TO "MAJOR" COLLECTOR STREETS ONLY; 3. TO REMOVE THE LANGUAGE REQUIRING ZONING BOARD OF ADJUSTMENT APPROVAL OF TREE REPLACEMENT PLANS CONFORMING TO THE TREE REPLACEMENT FORMULA; MNOl1397.DOC PAGE2 -- --._---- -.--------- ------..- - - , 4. ADDING AN ORDINARY HIGH WATER MARK ELEV A nON AS DETERMINED BY THE MN DNR TO THOSE LAKES WHICH DO NOT HAVE A PREVIOUSLY ESTABLISHED OHWM (JEFFERS POND, MARKLEY LAKE AND BLIND LAKE), AND CHANGING THE OHWM ON HOWARD LAKE TO THE ELEV A nON DETERMINED BY THE DNR. The hearing was open and there was no attendance by the public. Planning Coordinator Jane Kansier presented the Planning Report dated January 13, 1997. The public hearing was to consider several "housekeeping" amendments to the Zoning Ordinance. A recent review of the Zoning Ordinance identified several minor amendments which should be made immediately, rather than as part of the overall Zoning Ordinance revision. The purpose behind these amendments is to simplify the administration of the current ordinance. Each amendment was detailed in the report. Staff recommendation was to Motion for approval by the City Council. Comments by the Commissioners: Wuellner: · Agrees with the first three amendments. · Questioned the ordinary-high-water mark on the lakes. V onhof: · FEMA sets Hundred Year Flood. · Rye explained the ordinary-high-water and the one hundred year flood. Stamson: · Good housekeeping measure. Criego: . Agreed MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND TO CITY COUNCIL AN ORDINANCE AMENDING SECTIONS 5-3-3, 5-4-1, 5-5-16, AND 5-8-2 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTIONS 3.2, 4.1, 6.16, AND 9.2 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. There were no discussions. MOTION CARRIED UNANIMOUSLY. 6. New Business: A. CASE #96-128 CITY ACQUISITION OF TAX FORFEITED PARCELS Planning Coordinator Jane Kansier gave an overview of the Staff Report dated January 13, 1997. MNOIIJ97.DOC PAGEJ