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Home My WebLink About01-10 CITY OF PRIOR LAKE ORDINANCE NO......- 10 0/-10 AN ORDINANCE AMENDING SECTIONS 1101.1000, 1106A.200, 1108.506, 1108.704,1112.200,1101.503 (1, 6 & 7), 1104.308 (2), 1107.1801 (2) AND 1107.2106 (5) OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101,1000 of the Prior Lake City Code is hereby amended as follows: Elderly Housing. MIIltilll@ famil7' Qv,'@llings '.':Illlf-@ a miRimam of CiQ% oftlw Ilnits are occupi@d by Bingl@ pllfBons at 1@a!Jt (jg year-s of age or by soupl8s with on@ or both being at I@ast CiO years of age. A development intended and operated for occupancy bv at least one person 55 years of aile or older per unit, provided that: (aJ At least 80 percent of the units are occupied bv at least one person 55 years of aile or older per unit: and (b) There is publication of. and adherence to, policies and procedures that demonstrate an intent bv the owner or manaller to provide housinll for persons 55 years of aile or older. 2, Section 1106A.200 of the Prior Lake City Code is hereby amended as follows: Senior Care Facilities. A residential facility meetinll the definition of elderly housinll in Section 11 01. 100whllf@ at least 80% of th@ r@sidllHts are $ $ years of age or oldllf. Services available to residents cover a broad range of activities from social opportunities to medical care, The term includes assisted living and congregate care, It does not include nursing homes licensed by the State of Minnesota. 3. Section 1108.506 of the Prior Lake City Code is hereby amended as follows: Adoption. Amendments to this Ordinance or to the Official Zoning Map require an affifmatP,'@ 'lot@ of 2.'Jrds a ma;oritv vote of all the members of the City Council. The adoption or amendment of any part of the Zoninll Ordinance that chanlles all or part of the existinll classification of a Zoninll Use District from residential to either commercial or industrial requires a 2/3rds ma;ority vote of all of the members of the Citv Council. r:\ordinanc\200 1 \01-1 O.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITI' EMPLOYER 4. Section 1108.704 of the Prior Lake City Code is hereby amended as follows: Adoption. The City Council shall act upon the proposed rezoning within 60 days after the Council has received the Planning Commission recommendation. A majority 2!3r4s vote of all members of the Council shall be required to adopt any amendments to the Zoning Ordinance, The adoption or amendment of any part of the Zoninl! Ordinance that chanl!es all or part of the existinl! classification of a Zoninl! Use District from residential to either commercial or industrial requires a 2/3rds maiority vote of all of the members of the City Council. The City Council may alter the amendment proposed, but if the alteration results in a modification of the Zoning Map filed at the time of the first publication of notice of the hearing, it shall not be made until 10 days after notice has been given by registered mail to the owner of the property to be zoned that an amendment is being considered and may be adopted which is different from that shown on the original Zoning Map filed in support of the requested zoning change. 5. Section 1112.200 of the Prior Lake City Code is hereby amended as follows: OFFICIAL MAP DEFINED. "Official Map," as used in this article, means a map adopted in accordance with this article and with Minnesota Statutes Subd. 462.359 sRewing which may show existing streets, and proposed future streets, roads, and hil!hways and the area needed fer wid8lling ef existing str-eets ef the Gity. An official map may also show the location of existing and future public land and facilities within the city. An official map my cover the entire city or any portion of the city. 6. Section 1101.503 (I) of the Prior Lake City Code is hereby amended as follows: (I) Eaves, aad-gutters and basement el!ress windows, provided they do not extend more than 2 feet into a yard; and provided such encroachment is no closer than 5 feet from any lot line. 7, Section 1101.503 (6) is hereby amended as follows: (6) The following shall not be encroachments on front yard requirements: a, Awnings and door hoods which extend 5 feet or less into the required front yard. b, A vestibule which extends 5 feet or less into the required front yard under the following conditions: ~ The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code, ~ The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of subsection 1107.2200. ~ The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view, 1:\01 files\Ol ordamend\zoning\misc amends\ordOl xx.doc PAGE 2 d. Platform decks, meetinJ! the definition in Section 1101.1000. 8. Section 1101,503 (7) is hereby amended as follows: (7) The following shall not be encroachments on side and rear yard requirements: ( a) Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than 6 feet from the principal structure. (b) Platform decks, meetinJ! the definition in Section 1101.1000. 9. Section 1104.308 (2) is hereby amended as follows: (2) Setback Requirements For Residential Structures: On shoreland lots that have 2 adjacent lots with existing principal structures on both such adjacent lots, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water mark or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. In cases where only one of the two lots adjacent to an undeveloped shoreland lot has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. Setback averaging may not be utilized when an undeveloped shoreland lot is adjacent to two other undeveloped shoreland lots. In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone. The following shall not be considered encroachments into the lakeshore or bluff setback: a. Yard lights and nameplate signs for one and two family dwellings in the R- 1, R-2 and R-3 districts, b. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of subsection 1107.1800. c, Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. d. The following shall not be encroachments on front yard requirements: ~ Awnings and door hoods which extend 5 feet or less into the required front yard. ~ A vestibule which extends 5 feet or less into the required front yard under the following conditions: (I) the vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code; (2) the vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of subsection 1107.2200; and (3) the 1:\01 files\Olordamend\zoning\misc amends\ordOlxx.doc PAGE 3 vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. )> Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height and is screened from view, )> Platform decks, meetinR the definition in Section 1101.1000. e, The following recreational equipment shall not be encroachments on the lakeshore or bluff setback requirements: boats, boat trailers, general purpose trailers, fish houses, utility trailers, jet skis, snowmobiles and other lake-oriented items. f. The following shall not be encroachments on side and rear yard requirements: )> Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards, None of that equipment shall extend more than 6 feet from the principal structure. )> Platform decks, meetinR the definition in Section 1101.1000. 10, Section 1107.1801 (2) of the City of Prior Lake Zoning Ordinance is hereby amended as follows: (2) Upon completion of any lighting project, measurement of lighting levels of properties within the project must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES Handbook 3th editieR and shall comply with the provisions of this Ordinance, Mitigating measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used. II. Section 1107,2106 (5) of the City of Prior Lake Zoning Ordinance is hereby amended as follows: (5) Certification of Compliance with Approved Landscape Plan. No earlier than I year after acceptance of the tree preservation plan nor later than I year after completion of the work contemplated by the plan, the Developer shall certifY to the City that the plan has been complied with. This GtlrtiHeat491l. shalllle madlllly a Minneseta r-egisterllQ 13Il.Q SIIf':llyer, ei'.'il llIl.giRllllr, lamlseaJlll arGhitllct, hertielllturist ar fer-ester. This ordinance shall become effective from and after its passage and publication. Passed by the City Council ofthe City of Prior Lake this 4th clay of September, 2001. 1:\01 files\Olordamend\zoning\m1sc amends\ordO 1 xX.doc PAGE 4 lJ..)R,o{ OJ 1 Lv[, t1A trrJ1 ~ Mayor YES NO Mader X Mader Gundlach )( Gundlach Ericson }f. Ericson Petersen X Petersen Zieska )c Zieska Published in the Prior Lake American on the 8th day of September, 2001. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 l:\Olfiles\Q lordamend\zoning\misc amends\ordOl xx.doc PAGE 5