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HomeMy WebLinkAbout12.B. Text Amendment Regarding Residential Zoning Districts-Ord. No. 793 l~• ~ r CITY OF SHAKOPEE MEMORANDUM CASELOG NO: 08-007 TO: Mayor and City Council Mark McNeill, City Administrator , FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Residential Zoning Districts MEETING DATE: March 18, 2008 INTRODUCTION City staff has prepared a text amendment that proposes some "housekeeping" changes to the residential zoning districts. The intent of the amendment is to eliminate redundant references in the residential zoning districts and to provide additional clarity of permitted and conditional uses. PLANNING COMMISSION RECOMMENDATION On March 6, 2008, the Planning Commission held a public hearing on the proposed text amendment. The Planning Commission unanimously recommended approval of the text amendment as presented. Please find attached a copy of the March 6 report to the Planning Commission for the Council's reference. ALTERNATIVES 1. Offer and pass Ordinance No. 793 an amendment to City Code to address residential zoning districts. 2. Offer and pass Ordinance No. 793, an amendment to City Code to address residential zoning districts. 3. Do not approve Ordinance No. 793. 4. Table the item for additional information. ACTION REQUESTED Offer Ordinance No. 793, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code to Address Residential Zoning Districts, and move its adoption. Julie Klima Planner II h:\cc\2008\03-18\txt residential zones 08007.doc ORDINANCE N0.793, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE TO ADDRESS RESIDENTIAL ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 -That the City Code is amended by adding the language that is underlined and deleting the language that is ~+~~^7°+1,,.,,,,^'~, as follows: Section 11.22 Agricultural Preservation (AG) Zone Subd. 2. Permitted Uses. B. single family detached dwellings; ..lo F ,v.;l<,.lotµv~~a<<.oll;v,.,~ .........b.,. (reletter subsequent entries) Section 11.24 Rural Residential Zone (RR) Subd. 2. Permitted Uses. A. single family detached dwellings; T rrlo ~ +V<;1...7o+~..L,nd ,1«,011;,,,.. ~w.J.~..........~~..~b.., (reletter subsequent entries) Section 11.25 Sewered Rural Residential (SRR) Zone Subd. 2. Permitted Uses. A, single family detached dwellings; ,<lo ~ ,v,;l<..lotin~.l.o.1 .1<<.011;,,.«• u u.. v.....b.~, (reletter subsequent entries) Section 11.26 Low Density Residential Zone (R-lA) Subd. 2. Permitted Uses. A. single family detached dwellings; rg~~ T «70 ~ ,ti.;l., .10+~^l~od_d_<:.el1i (reletter subsequent entries) Section 11.02 Definitions. `-~~r°71' 'T 17~~.~'1 n 1„ •la;,~...70~;~.,,.o.i ~ ,-~„~i_~,..v,,..;orl o..~l„~;<,ol<,L.., +l, + /71 ~ ,-,,;l;o~. 1;<>;,,.. ;r,.ao,~o„~ientl:, .,F o.,,.L, ,.+l,o,- .Section 11.33 Planned Residential District (PRD) Subd. 2. Permitted Uses. • 11~, B sin leg family attached dwellings up to a maximum of two (2) dwellings; Section 11.30. Old Shakopee Residential Zone (R-1C). Subd. 2. Permitted Uses. A. single family detached dwellings; B. single family attached dwellings up to a maximum of two (2) dwellings; ~ ...J.x ..,...,....5 .ti.~..~~ (reletter subsequent entries) Section 11.28 Urban Residential Zone (R-1B). Subd. 2. Permitted Uses. A. single family detached dwellings; B. existing single family attached dwellings ~ to a maximum of two (2) dwellings; (reletter subsequent entries) Section 11.34. Multiple-Family Residential Zone (R3) Subd. 2. Permitted Uses. A. multiple family, single family attached dwellings and townhouses containing tl~e-(~} two 2 or more units; i cvwraxvii~cr K. single family detached dwellings; L. ~ TAT ~+,-„1.+,,,-o~ ,ti, o +1~~,~ F 111 .,++~.,l,oa rl,<,oll;,,~. , n~ (reletter subsequent entries) Section 11.32. Medium Density Residential Zone (R-2). Subd. 2. Permitted Uses. D. J. townhouses containin tg wo (2 to four (4) dwellin ug nits; K. single family detached dwellings; L. single family attached dwellin ug nits up to a maximum of 4 dwellings .,++,,,.l,o,l ,~,<>olurn , (reletter subsequent entries) Subd. 3. Conditional Uses. A. single family attached dwellings and multiple family dwellings up to a maximum of six (6) units; B. townhouses containing fve (5) and six (6) dwellin ug nits; (reletter subsequent entries) Section 2. Findings. The City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above-named request: Finding #1 The original zoning ordinance is in error. The zoning ordinance provided multiple and redundant references to uses within the residential zoning districts. Finding #2 Significant changes in community goals and policies have not taken place in the City. Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Finding #4 The proposed text amendment is in conformance with the Comprehensive Plan. Section 3. 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 , 2008. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2008. CITY OF SHAKOPEE Memorandum CASE LOG NO.: 08-007 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Residential Zoning Districts MEETING DATE: March 6, 2008 INTRODUCTION City staff has identified some inconsistencies within the Zoning Ordinance related to permitted and conditional uses within the residential zoning districts. Staff has prepared a text amendment to eliminate any redundant language and provide clarification regarding residential uses in the residential zoning districts. DISCUSSION In 1999 the City approved a text amendment which established definitions of "single family detached dwelling", "single family attached dwelling", and "multiple family dwelling". Staff has identified several zoning districts where redundant references to single family detached dwellings exist.. Staff is proposing the following text amendment to eliminate these redundancies. Specifically, Sections l 1.22 Agricultural Preservation (AG) Zone; 11.24 Rural Residential (RR) Zone; 11.25 Sewered Rural Residential (SRR) Zone; and 11.26 Low Density Residential (R-lA) Zone list single family detached dwellings twice within the lists of permitted uses within those zones. Staff recommends the following: (Language which is struck through is deleted and language that is underlined is added): Section 11.22 Agricultural Preservation (AG) Zone Subd. 2. Permitted Uses. B. single family detached dwellings; (reletter subsequent entries) ; Section 11.24.. Rural Residential Zone (RR) Subd. 2. Permitted Uses. A. single family detached dwellings; ulusly aculally~ uv 'vTiGQ-CCVV~G77 (reletter subsequent entries) Section 11.25 Sewered Rural Residential (SRR) Zone Subd. 2. Permitted Uses. A. single family detached dwellings; _ . , _ _ L. .iui~iv , (reletter subsequent entries) Section 11.26 Low Density Residential Zone (R-lA) Subd. 2. Permitted Uses. A. single family detached dwellings; (reletter subsequent entries) Because City Code provides a definition of single family attached dwelling units, any references to two (2) family dwellings are redundant and no longer needed. Also, the regulations for some of the zoning districts make multiple references to the same types of uses. Staff proposes the following changes to eliminate duplication and provide clarity: Section 11.02 Definitions. « » tz~ Section 11.33 Planned Residential District (PRD) Subd. 2. Permitted Uses. B. single family attached dwellings up to a maximum of two dwellings. Section 11.30. Old Shakopee Residential Zone (R-1C). Subd. 2. Permitted Uses. A. single family detached dwellings; B. single family attached dwellings up to a maximum of two (2) dwellings; i.i. oiiisi~. .acuaui , (reletter subsequent entries) .Section 11.28. Urban Residential Zone (R-1B). Subd. 2. Permitted Uses. A. single family detached dwellings; B. existing single family attached dwellings up to a maximum of two (2) dwellings; . ; (reletter subsequent entries) Section 11.34. Multiple-Family Residential Zone (R3) Subd. 2. Permitted Uses. A. multiple family, single family attached dwellings and townhouses containing twee-(-3-} two or more units; B. i ~~~i1N _ _.__,_.K. single family detached dwellings; - - ,n+,,,.nn n k,. r.. M\ .,krnnl~od_.1~:roll,'n,. , „;k... . 1G a,r k.~r.nk , v.k.,;v,;v..' i~\ kn ~ [n\ ~k+~l.,oa_d,.~ oll:r,. ,,,,;+n. . ~..,.......,~..«b AT n4,.., n4,,..en nn«knis~iv, r. w.nao kb. n., ~ „r n4i-n nb. n`1 ~•z rnlliv.n. •,v, ikc+ (reletter subsequent entries) Section 11.32. Medium Density Residential Zone (R-2). Subd. 2. Permitted Uses. J. townhouses containing_two (2 to four (4) dwelling units; K. single family detached dwellings; L. sin leg_ family attached dwelling~units up to a maximum of 4 dwellings M k..,, k, -n ,..+n /7\ k., ~ !~1\ .,+4.,..1.0.7 a,~ oll:,,.t , (reletter subsequent entries) Subd. 3. Conditional Uses. A. single family attached dwellings and multiple family dwellings u~ to a maximum of e six (6) units; B. townhouses containing five (5) and six (6) dwelling units; (reletter subsequent entries) 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 fmdings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is in error. The zoning ordinance provided multiple and redundant references to uses within the residential zoning districts. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place in the City. 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 proposed text amendment is in conformance with the Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council approval of the 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 of the text amendment. _ 4. Table the matter for additional information. STAFF RECOMMENDATION Staff recommends alternative no. 1 or 2. ACTION REQUESTED Offer and pass a motion recommending to the City Council approval of the text amendment as presented or with revisions. e~ Ii Klima P er II h:\boaa-pc\2008\03-06\textam residential zones 08007.doc