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Home My WebLink About4.A.1 Text Amendment to Conditional Uses for Utility Sturctures in Multiple Zoning Districts Ord. No. 903 Consent Business 4. A. 1. SHAKOPEE Mayor and City Council FROM: Alex Sharpe, Planner DATE: 03/17/2015 SUBJECT: Text Amendment to Conditional Uses for Utility Structures in Multiple Zoning Districts Ord. No. 903 (F). Action Sought Adoption of Ord. No. 903 - An amendment to City Code regarding Conditional Uses of Utility Structures in multiple zones. Background A text amendment in 2005 made most utility service structures a permitted use with standard conditions. This amendment however caused difficulty for future utility service structures which did not meet these standard conditions, such as a recent structure proposed and approved in July 2014 by the Board of Adjustment and Appeals. To rectify this issue SPUC and staff have partnered to amend City code to reflect structures which do not meet the standard conditions. In 2005 the following text was added to code: 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, 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 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. Staff proposes retaining all of this text to retain the ease of permitting any future structures which meet these conditions, but adding the following provision in each of the previous code sections under their conditional uses: All utility service structures which do not meet the conditions within the permitted uses. A public hearing was held at the Planning Commission on March 5, 2015 and the Planning Commission recommended approval of the proposed draft ordinance. Recommendation A public hearing was held at the Planning Commission on March 5, 2015 and the Planning Commission recommended approval of the proposed draft ordinance. Staff also recommends adoption of the ordinance as it clarify's city code. Budget Impact N/A. Relationship to Vision This item is a Housekeeping item (F), which creates better clarity in City Code regarding Utility Structures. Requested Action Offer a motion approving Ordinance No. 903, an ordinance amending City code for Conditional Uses for Utility Structures in multiple zones. Attachments: Ordinance 903 - Conditional Uses for Utility Substations ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT VARIOUS SECTIONS OF CITY CODE RELATING TO UTILITY SERVICE STRUCTURES WHEREAS, The City of Shakopee has proposed an amendments to 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. 3 Conditional uses, regarding utility service structures. WHEREAS,notices were duly sent and posted, and a public hearing was held before the Planning Commission on March 5, 2015 at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission recommended that the City code sections previously listed, be amended to include language conditionally permitting utility service structures which do not meet the standard conditions under the permitted uses; and WHEREAS,the City Council heard the matter at its meeting on May 20,2014; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Language which is struckthrough shall be deleted. 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. 3 Utility service structures which do not meet the standard conditions under the permitted uses Section 2. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding permitting goods produced off-site to be sold by the home occupation permit holder. Criteria#1 That the original zoning ordinance is in error; Finding#1 The original ordinance did not account for or allow utility structures which did not meet the standard conditions for utility service structures listed in the permitted uses. This error causes future difficulty when expanding or constructing a new structure. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 There have not been significant changes in community goals and policies. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; Finding#3 There has been no evidence presented that either city-wide or neighborhood development patterns have changed. The proposed text amendment does not alter the character of development. Criteria#4 That the Comprehensive Plan requires a different provision; Finding#4 The Comprehensive Plan does not require a different provision. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2015. Brad Tabke, Mayor ATTEST: Lori Hensen—Acting City Clerk Published in the Shakopee Valley News on the day of , 2015.