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HomeMy WebLinkAbout14.D. Text Amendment Regarding Conditional Uses-Ord. No. 741 /J.{ 0, CITY OF SHAKOPEE Memorandum C,/ 0'" ''is' ,. '. t. '\' '.' ll2-. .. .) '. ->', H ~.~ . . . . ',', ...' - If'!l:~{ ,,'! TO: Mayor and CIty CouncIl' I, ~ tit I Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Conditional Uses DATE: November 15, 2005 CASELOG NO.: 05-106 INTRODUCTION Staffhas prepared a text amendment proposing 4 existing conditional uses be allowed as permitted uses, subject to conditions, These uses include Class II restaurants, drive up windows, utility service structures, and relocated structures. All of these uses are currently allowed with a Conditional Use Permit in the specified zones. Staff is proposing that the text be amended to allow these uses in the same zoning districts as permitted uses, subject to conditions, rather than as conditional uses. ALTERNATIVES 1. Approve Ordinance No.741, approving the text amendment as presented. 2. Approve Ordinance No. 741, approving the text amendment with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this item at its November 3,2005 meeting, At this meeting, the Commission recommended approval of the proposed amendment by a vote of 6-0. A copy ofthe staff report from the November 3rd Commission meeting is attached for the Council's reference, ACTION REQUESTED Offer and pass a motion to approve Ordinance No. 741, amending various sections of City Code, as presented or with revisions. 1!)jj.~Ui. ' J ie Klima anner II h:\cc\2005\11-15\txamcups05106.doc 1 ORDINANCE NO. 741, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING VARIOUS SECTION OF CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, is hereby amended by adding the language that is underlined and deleting the language that is struck through (all subsequent entries to be renumbered accordingly) . Sections 11.35 (Neighborhood Commercial), 11.36 (Highway Business), 11.37 (Community Commercial), 11.40 (Central Business), and 11.42 (Major Recreation), Subd. 2, Permitted Uses. Restaurants. class II. subiect to the following requirements: 1, Shall comply with all applicable provisions in the City Code. including. but not limited to Section 11.60. Performance Standards. 2. Trash receptacles. including but not limited to dumpsters. shall be stored in fully enclosed areas. including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code. 3. Shall comply with all conditions imposed as part ofthe liquor license for the site. 4. If serving liquor. shall not be located on a lot or parcel of land adi acent to any low density residential (R-IA). urban residential (R-IB). or Old Shakopee residential (R-IC) zone. 5. Iflocated within 100 feet of a residential use. shall limits its hours of operation to between 5am and 11 pm, Subd,3. Conditional Uses. Resta-urants, Class II. Sections 11.22 (Agricultural Preservation), 11.24 (Rural Residential), 11.26 (Low Density Residential), 11.28 (Urban Residential), 11,30 (Old Shakopee Residential), 11,32 (Medium Density Residential), 11.34 (Multiple Family Residential), 11.36 (Highway Business), 11.38 (Office Business), 11.40 (Central Business) and 11.42 (Major Recreation), Subd. 2. Permitted Uses. Utility service structures. subiect to the following requirements: 1, Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls: 2. Shall be 20 feet or less in height; 3. May be used only to provide weather protection for utility equipment; 4. Shall be designed. placed. and landscaped as necessary to assure that it blends with the neighboring uses. and is unobtrusive; and 5. Shall comply with all applicable design standards. 2 Subd.3. Conditional Uses. Utility service structures. Section 11.35 (Neighborhood Commercial), 11.36 (Highway Business), 11.37 (Community Commercial), 11.40 (Central Business), and 11.42 (Major Recreation), Subd. 2. Permitted Uses. Uses having a drive up or drive through window. subiect to the following requirements: 1. Shall be screened to a height of six feet from any adiacent residential zone: 2. Shall not have a public address system which is audible from any residential property: ( 3. Shall provide stacking for at least six vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities. and shall not be located in any public right-of-way. private access easement. or within the required parking setback. 4. Trash receptacles. including but not limited to dumpsters. shall be stored in fully enclosed areas. including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code. 5. Trash receptacles. including but not limited to dumpsters. shall be stored in fully enclosed areas. including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code. Subd.3. Conditional Uses. Uses having a drive up or drive through window Sections 11.22 (Agricultural Preservation), 11.24 (Rural Residential), 11.28 (Urban Residential), 11.30 (Old Shakopee Residential), 11.32 (Medium Density Residential), 11.33 (planned Residential District), 11.34 (Multiple Family Residential), 11,35 (Neighborhood Commercial), 11.36 (Highway Business), 11.37 (Community Commercial), 11.38 (Office Business), 11.40 (Central Business), and 11.42 (Major Recreation), Subd, 2. Permitted Uses. Relocated structures. subiect to the following requirements: 1. Shall obtain a moving permit from the City under City Code Section 4.08; 2. Prior to moving. the applicant shall have given cash. cashier's check. or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official's estimate of the cost to bring the structure into compliance with the Building Code: 3. The structure shall meet all requirements of the Building Code within six months after moving: 4. Ifthe structure is not in full compliance with the Building Code after six months of moving. the City. in its sole discretion. may draw on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure into compliance with the Building Code. In the event the City draws on the financial guarantee. 10 percent of the total guarantee shall be paid to the City as its administrative fee: 3 5. The applicant shall provide to the Building Department with all plan review comments and inspection records from Building Codes and STDS division and from the city of origin where constructed: 6. An approved County highwav moving permit will be required for the moving of the structure: 7. The structure shall be required to meet all setbacks. design and performance standards specified in the City Code. unless otherwise approved: 8. Repair of anv damage to city streets as a result of the relocating the structure shall be paid for by the applicant. Subd, 3. Conditional Uses. Relocated structures Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2005. Mayor of the City of Shako pee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,20_. 4 CITY OF SHAKOPEE ~7 Memorandum CASE LOG NO.: 05-106 TO: Shakopee Planning Commission FROM: Julie Klima, Planner IT SUBJECT: Text Amendment Regarding Conditional Uses MEETING DATE: November 3,2005 DISCUSSION City staffhas prepared draft text amendments regarding uses that currently require Conditional Use Permit (CUP) review and approval by the Board of Adjustment and Appeals (BOAA). Staffhas identified four uses that are routinely reviewed and approved as CUP's. Staffhas found that these uses are routinely approved by the BOAA with conditions that are, for the most part, already in existence in City Code. Restating existing requirements in CUP approvals doubles the amount of review time necessary by staff. Staff is proposing to streamline the review process by allowing these uses as permitted uses while still requiring compliance with the applicable portions of the City Code. The four uses are: . Class n restaurant (a restaurant serving alcohol or providing live entertainment); . Utility Service Structures; . Uses with Drive Up or Drive Through Window; and . Relocated Structures. Staff is proposing that these uses be allowed as permitted uses in the identified zoning districts (which are currently the zoning districts where the use is allowed as a CUP) subject to the conditions following each use. Class IT restaurant is proposed to be a permitted use in the Neighborhood Commercial (NC), Highway Business (BI), Community Commercial (CC), Central Business (B3), and Major Recreation (MR) zones, subject to the following requirements: 1. Shall comply with all applicable provisions in the City Code, including, but not limited to Section 11.60, Performance Standards. 2. Trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code. 3. Shall comply with all conditions imposed as part of the liquor license for the site. 4. If serving liquor, shall not be located on a lot or parcel of land adj acent to any low density residential (R-1A), urban residential (R-1B), or Old Shakopee residential (R-1C) zone. 5. If located within 100 feet of a residential use, shall limits its hours of operation to between Sam and lIpm, Utility service structures are proposed to be pennitted in the Agricultural Preservation (AG), Rural Residential (RR),Low Density Residential (R-IA), Urban Residential (R-IB), Old Shakopee Residential (R-I C), Medium Density Residential (R2); Multiple Family Residential (R3), Highway Business (BI), Office Business (B2), Central Business (B3), and Major Recreation (MR) zones, subject to the following requirements: 1, Shall not be a water tower or electrical substation; 2. Shall be 20 feet or less in height; 3. May be used only to provide weather protection for utility equipment; 4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and 5. Shall comply with all applicable design standards, Uses having a drive up or drive through window are proposed to be pennitted in the Neighborhood Commercial (NC), Highway Business (BI), Community Commercial (CC), Central Business (B3), and Major Recreation (MR) zones, subject to the following requirements: 1, Shall be screened to a height of six feet from any adjacent residential zone; 2. Shall not have a public address system which is audible from any residential property; 3. Shall provide stacking for at least six vehicles per aisle, The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 4, Trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code. 5. Trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code, Relocated structures are proposed to be pennitted in the Agricultural Preservation (AG), Rural Residential (RR), Urban Residential (R-IB), Old Shakopee Residential (R-IC), Medium Density Residential (R2), Planned Residential District (pRD), Multiple Family Residential (R3), Neighborhood Commercial (NC), Highway Business (BI), Community Commercial (CC), Office Business (B2), Central Business (B3), and Major Recreation (MR) zones, subject to the following requirements: 1. Shall obtain a moving pennit from the City under City Code Section 4.08; 2. Prior to moving, the applicant shall have given cash, cashier's check, or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official's estimate ofthe cost to bring the structure into compliance with the Building Code; 3. The structure shall meet all requirements of the Building Code within six months after moving; 4. If the structure is not in full compliance with the Building Code after six months of moving, the City, in its sole discretion, may draw on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure into compliance with the Building Code. fu , the event the City draws on the financial guarantee, 10 percent of the total guarantee shall be paid to the City as its administrative fee; 5. The applicant shall provide to the Building Department with all plan review comments and inspection records from Building Codes and STDS division and from the city of origin where constructed; 6. An approved County highway moving permit will be required for the moving of the structure; 7. The structure shall be required to meet all setbacks, design and performance standards specified in the City Code, unless otherwise approved; 8. Repair of any damage to city streets as a result of the relocating the structure shall be paid for by the applicant. FINDINGS City Code Sec. 11.83, Subd. 3 provides the criteria required for the granting of a Zoning Ordinance Amendment. Only one of the criteria needs to exist for an amendment to be warranted. These criteria are listed below with proposed findings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have taken place in that the City Council wishes to provide additional opportunities for signage for community events and major recreation venues that draw attendees from outside the City limits.. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. ALTERNATIVES 1. Recommend to the City Council approval of ~e text amendment as presented. 2, Recommend to the City Council approval of the text amendment with revisions. 3, Recommend to the City Council the denial ofthe text amendment. 4. Continue the public hearing to December 8, and provide direction to staff regarding the proposed language, and allow staff to address any revisions. 5. Table the matter for additional comment and information. STAFF RECOMMENDATION Staff recommends alternative no. 4, continuing the public hearingto December 8 and provide direction to staff regarding the proposed language and allow staff to address any revisions. ACTION REQUESTED Offer and pass a motion to continue the public heari ,0 December 8. / " /'{~LLL I~,LL/~ ( ulie Klima Planner IT h:\boaa-pc\2005\11-03\textam.cups,05106.doc