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Home My WebLink About12.A. Amendment to City Code Creating a Mixed Use Zoning District-Ord. No. 759 I " · It, CITY OF SHAKOPEE MEMORANDUM CASELOG NO: 06044 TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Chapter 11, Creating a Mixed Use Zone MEETING DATE: June 6, 2006 INTRODUCTION: On May 16, 2006, Council provided staffwith direction regarding amendments to the draft Mixed Use Zone. These included the following; 0 Making the change in use ofan existing structure (e.g. single-family house to commercial/retail use) a conditional use; 0 Making residential uses with densities between 8 and 12 units per acre a conditional use; and 0 Making certain neighborhood commercial uses that have the potential for negative traffic, noise, light or other impacts conditional uses (e.g. restaurants) The attached draft ordinance contains the changes that staffhas made related to the Council's direction. Changes are noted by either strike-outs or underlining, but in the event the Council approves the draft text amendment, the ordinance would be published without those. ALTERNATIVES: 1. Offer and pass a motion approving Ordinance No. 759, an ordinance of the Cityof Shakopee amending City Code Sec. 11.25 by creating a Mixed Use Zone as presented. 2. Offer and pass a motion approving Ordinance No. 759, an ordinance of the City of Shakopee amending City Code Sec. 11.25 by creating a Mixed Use Zone with revisions as directed by Council. 3. Table the item for additional information. PLANNING COMMISSION: The present draft has not been reviewed by the Planning Commission, but the Commission had previously recommended approval ofthe text amendment creating the Mixed Use Zone as originally presented. H:\CC\2006\06-06\06044 TXT MIXED USE ZONE CC 06062006.doc 1 ACTION REQUESTED: Offer and pass a motion approving Ordinance No. 759, an ordinance ofthe City of Shakopee amending City Code Sec. 11.25 by creating a Mixed Use Zone either as presented or with revisions as directed by the City Council. 4L~~~ R. Michael Leek Community Development Director H:\CC\2006\06-06\06044 TXT MIXED USE ZONE CC 06062006.doc 2 ORDINANCE NO. 759, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTi\; AMENDING CITY CODE CHAPTER 11, ZONING, BY CREATING A NEW ZONING CLASSIFICATION, TO WIT MIXED USE ZONE 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, which is underlined, and deleting the language that is struck through. SEC. 11.25. MIXED USE ZONE (MU). Subd.1. Purpose. The purpose of the Mixed Use Zone is to 1) ensure that existing uses in the Riverfront/First Avenue area and Downtown area (as identified in the City's 2003 Comprehensive Plan Update), and other areas that may be identified by the City Council, can be practically and economically continued as permitted uses, and 2) allow flexibility for future private use and re-use of properties within these areas. Subd.2. Permitted Uses. Within the Mixed Use Zone, the following shall be permitted uses. A. Uses in existence in the First A venue/Riverfront and Downtown areas at the time of adoption of this provision; B. single family detached dwellings; C. residential structures containing two (2) or more dwelling units; D. Commercial uses are permitted; either "of right" or by conditional use permit approval under the terms of City Code Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). E. public recreation; F. utility services; G. utility service structures, subject 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 twenty (20) feet or less in height; 3. may be used only to provide weather protection for utility equipment; H:\CC\2006\06-06\MIXED USE ORDINANCE DRAFT 06012006.doc 1 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. H. day care facilities servicing twelve (12) or fewer persons; I. public buildings; J. group family day care facilities serving fourteen (14) or fewer children; K. residential facilities serving six (6) or fewer persons; L. adult day care centers subject to the following conditions; 1. serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. the outdoor leisure/recreation areas located imd designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff; c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; and d. comply with all other State licensing requirements. H:\CC\2006\06-06\MIXED USE ORDINANCE DRAFT 06012006.doc 2 ~11.33 M. relocated structures, subject 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 fmancial 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 ofthe Building Code within six (6) months after moving; 4. if the structure is not in full compliance with the Building Code after six (6) 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. ill the event the City draws on the financial guarantee, 10% of the total guarantee shall be paid to the City as its administrative fee; 5. the applicant shall provide 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 relocating the structure shall be paid for by the applicant. Subd. 4. Conditional Uses. Within the Mixed Use Zone the following uses shall be allowed with a conditional use permit. A. Any change in the category of use of a structure ( single- family residential. medium-density residential. multiple-family residential. commercial) from the category of use existing at the time ofthe adoption of this ordinance to different use category. B. Residential ~rojects having a net density of eight (8) to twelve (12) dwelling units per acre. and subiect to City Code Sec. 11.86. CONDITIONAL USE H:\CC\2006\06-06\MIXED USE ORDINANCE DRAFT 06012006.doc 3 PERMIT STANDARDS FOR RESIDENTIAL ZONES, Subd. 2. Specific Standards for Residential/Business/Industrial Zones. W. multiple-familv dwellings containing up to six (6) units. C. Restaurants, Class II, subiect to the requirements found at City Code Sec. 11.35 NEIGHBORHOOD COMMERCIAL. Subd. 2. Permitted Uses. F.l- ~ D. Uses having a drive-up or drive through window, subiect to the requirements found at City Code Sec. 11.35 NEIGHBORHOOD COMMERCIAL. Subd. 2. Permitted Uses. G.1-4. E. I ~ Conditional uses listed under the following Code Sections; (___~~m._.__.__~.~..mmm'm'_'_m" ~'~~"l Formatted: Bullets a..f1~~~~r!~~~,~~.J 1. Sec. 11.28. URBAN RESIDENTIAL ZONE. Subd. 3, Conditional Uses; 2. Sec. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R-IC). Subd. 3, Conditional Uses; 3. Sec. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd. 3, Conditional Uses; 1. See. 11.31. MULTIPLE PAM:IL Y RESIDENTL^~L zo:r-rn (R 3). Subd. 3, Conditional Uses; 5. Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). Subd. 3, Uses Permitted with a Conditional Use Permit; Subd. 4. Permitted Accessorv Uses. Within the Mixed Use Zone, the following uses shall be permitted accessory uses: 6. Sec. 11.28. URBAN RESIDENTIAL ZONE. Subd. 4, Permitted Accessory Uses; 7. Sec. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R-1C). Subd. 4, Permitted Accessory Uses; 8. Sec. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd. 4, Permitted Accessory Uses; 9. Sec. 11.34. MULTIPLE-F AMIL Y RESIDENTIAL ZONE (R-3). Subd. 4, Permitted Accessory Uses; 10. Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). Subd. 4, Permitted Accessory Uses; Subd. 5. Desif!n Standards. Applicable design standards for new development projects within the in the Mixed Use Zone shall be as follows; 1. for projects having a net residential density of3.01 to 5.0 dwelling units per acre, the design standards found at Sec. 11.28. URBAN RESIDENTIAL ZONE; 2. for projects having a net residential density of 5.01 to 8.0 dwelling units per acre, the design standards found at Sec. 11.32. MEDillM DENSITY RESIDENTIAL; H:\CC\2006\06-06\MIXED USE ORDINANCE DRAFT 06012006.doc 4 3. for projects having a net residential density of8.01 TO 12.00 dwelling units per acre, the design standards found at Sec. 11.34. MULTIPLE- FAMILY RESIDENTIAL; .... ... ".. 4. for commercial projects, the design standards found at Sec. 11.35. NEIGHBORHOOD COMMERCIAL; 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 Shako pee, Minnesota held the day of ,2006. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the _ day of , H:\CC\2006\06-06\MIXED USE ORDINANCE DRAFT 06012006.doc 5