HomeMy WebLinkAbout14.A. Amendment to the Zoning Map rezoning property from Rural Residential (RR) to Urban Residential (R1-B)-Ord. No. 654
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Zoning Map rezoning property from Rural Residential
(RR) to Urban Residential (R1-B)
MEETING DATE: February 18, 2003
REVIEW PERIOD: December 17,2002 -April19, 2003
CASELOG NO.: 03-010
Attachments: Exhibit A: Staff Report for Planning Commission Meeting of February 6,
2003
INTRODUCTION:
Tollefson Development requests that the subject property be rezoned from Rural Residential to
Urban Residential. In 2002 the Council approved the re-guiding of this property from rural
residential to single-family residential. This approval was conditioned on 1) acceptance of the
amendment by the Metropolitan Council, 2) approval of a water services agreement between SPUC
and the City of Savage, and 3) a sanitary sewer service agreement between the cities of Savage and
Shakopee. In January ofthis year, the Metropolitan Council accepted the land use plan amendment,
and the respective entities have approved the agreements.
ALTERNATIVES:
1. Approve Ordinance No. 654, an ordinance of the City of Shakopee approving the request to
rezone the subject property, from Rural Residential (RR) to Urban Residential (R1-B).
2. Direct staff to prepare a resolution of denial for action at its March 4,2003 meeting.
3. Table the matter and request additional information.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission held a public hearing on the requested rezoning on February 6,2003,
and recommended approval to the City Council.
1
ACTION REQUESTED:
Approve Ordinance No. 654, an ordinance of the City of Shako pee approving the request to rezone
the subject property, from Rural Residential (RR) to Urban Residential (R1-B).
_-/fAdAd~L
R. Michael Leek
Community Development Director
2
ORDINANCE NO. 654, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING
LAND GENERALLY LOCATED EAST OF CSAH 18 AND SOUTH OF CSAH 16 FROM
RURAL RESIDENTIAL (RR) TO URBAN RESIDENTIAL (R-IB)
WHEREAS, Tollefson Development, Inc., applicant, and Steven D. Muhlenhardt,
property owner, has requested the rezoning of land from Rural Residential (RR) to Urban
Residential (R-IB); and
WHEREAS, the subject property is legally described as Outlot A, Horizon Heights 4th
Addition, Scott County, Minnesota.
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on February 6, 2003, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting of February 18, 2003, and
found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the
City within which it is located.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section l; That the following findings of fact are hereby adopted relative to the
requested rezoning;
Finding #1 The original zoning ordinance is not in error.
Finding #2 Significant changes in community goals and policies have taken place relative to
the subject property. Specifically, the subject property is a high amenity site that
would provide higher end single-fami/y opportunities. In addition, given the
adjacency of development served by public sanitary sewer service in the City of
Savage it is no longer desirable to allow development to occur on ISTS systems.
Finding #3 Zoning of the subject property to Medium Density Residential (R2) will be
consistent with desired development patterns for this area of the City.
Finding #4 The requested zoning is consistent with the amended Comprehensive Plan land
use map.
Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by
rezoning the property referenced herein, from Rural Residential (RR) to Urban Residential (R-
IB).
3
Section 2 - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Passed in session of the City Council of the City of Shakopee,
Minnesota held this day of ,2003.
Mayor of the City of Shakopee
Attest: ,
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of , 2003.
4
~1
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Zoning Map rezoning property from Rural Residential
(RR) to Urban Residential (RI-B)
MEETING DATE: February 6, 2003
REVIEW PERIOD: December 17,2002 -February 15, 2003
CASELOG NO.: 03-010
Site Information:
Applicant: Tollefson Development
Location: South of CSAH 16 and east of CSAH 18
Adjacent Zoning: North: Rural Residential (RR)
South: City of Prior Lake
East: City of Savage .
West: Rural Residential (RR) and Agricultural Preservation (AG)
Comprehensive Plan: Single-family Residential
Attachments: Exhibit A: Location Map
Exhibit B: Rural Residential and Urban Residential zone regulations
INTRODUCTION:
Tollefson Development requests that the subject property be rezoned from Rural Residential to
Urban Residential. In 2002 the Council approved the re-guiding of this property from rural
residential to single-family residential. This approval was conditioned on 1) acceptance of the
amendment by the Metropolitan Council, 2) approval of a water services agreement between SPUC
and the City of Savage, and 3) a sanitary sewer service agreement between the cities of Savage and
Shakopee. In January of this year, the Metropolitan Council accepted the land use plan amendment,
and the respective entities have approved the agreements.
The City's Comprehensive Plan sets basic policies to guide the development ofthe City. The
purpose of designating different areas for residential, commercial, and industrial land uses is to
promote the location of compatible land uses, as well as to prevent incompatible land uses from
being located in close proximity to one another. The Zoning Ordinance is one of the legal means by
which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to
confonn with a city's comprehensive plan.
1
The proposed rezoning is consistent with the amended land use plan.
FINDINGS:
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
proposed findings for the Conunission'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 relative to
the subject property. Specifically, the subject property is a high amenity site that
would provide higher end singlejamily opportunities. In addition, given the
adjacency of development served by public sanita7Y sewer service in the City of
Savage it is no longer desirable to allow development to occur on ISTS systems.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding #3 Zoning of the subject property to Medium Density Residential (R2) will be
consistent with desired development patterns for this area of the City.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The requested zoning is consistent with the amended Comprehensive Plan land
use map.
ALTERNATIVES:
1. Recommend to the City Council the approval of the request to rezone the subject property,
from Rural Residential (RR) to Urban Residential (Rl-B).
2. Do not recommend to the City Council the approval of the request to rezone the subject
property from Rural Residential (RR) to Urban Residential (Rl-B).
3. Continue the public hearing and request additional information from the applicant or staff.
4. Close the public hearing, but table the matter and request additional information.
STAFF RECOMMENDATION:
Staff recommends Alternative No. l, recommend to the City Council the approval of the request
to rezone the subject propeliy from Rural Residential (RR) to Urban Residential (RI-B).
2
'1:
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ACTION REQUESTED:
Offer and approve a motion to recommend to the City Council the approval of the request to rezone
the subject property from Rural Residential (RR) to Urban Residential (R1-B).
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R. Michael Leek
Community Development Director
3
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SHAKOPEE
CoMMUMn' I'RIDESlNCE W7
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PROPOSED REZONING OF RURAL RESIDENTIAL (RR) TO
URBAN RESIDENTIAL (RiB) and PRELIMINARY PLAT OF
WHISPERNG OAKS.
D Zoning Boundary
! i Parcel Boundary
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;
I ,
m Parcel Area in Question
\
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~ 11.22
SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG).
subd.1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote
agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered
and leap-frog npn-farm growth, and to prevent premature expenditures for such public services as
roads, sewer, water, and police and fire protection.
subd.2. Pennitted Uses. VVitFiin the agricultural preservation zone, no structure or land shall be
u~ed except for one or more of the following uses:
A. agricultural uses;
B. single family detached dwellings;
-
C. forestry and nursery uses;
D. seasonal produce stands;
E. riding academies;
F. utility services;
G. public recreation;
H. public buildings;
1. _ day care facilities serving welve (12) or fewer persons;
J. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated 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 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 a~eas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
page reVIsed in 200 1
1111
~ 11.22
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
, 1997)
K. group family day care facilities serving fourteen (14) or fewer children;
L. residential facilities serving six (6) or fewer persons; or
M. single family detached dwellings. (Ord. 563, November 25, 1999)
Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be -
used for the following uses except by conditional use permit:
I
A. commercial feedlots, ",,-hich include yards, lots, pens, buildings, or other areas or
structures used for the confined feeding of livestock or other animals for food, fur,
pleasure, or resale purposes;
B. (Deleted, Ord. 501, September 18, 1997)
C. retail sales of nursery and garden supplies;
D. cemeteries;
E. churches and other places of worship;
F. agricultural research facilities, which are facilities specifically operated for the
purpose of conducting research in the production of agricultural crops, including
research aimed at developing plant varieties. This term specifically excludes
research regarding the development or research of soil conditioners, fertilizers, or
other chemical additives placed in or on the soil or for the experimental raising of
animals;
G. animal hospitals and veterinary clinics;
H. kennels. A kennel is any premise in which more than two (2) domestic animals,
over six (6) months of age, are boarded, bred or offered for sale;
I. public or private schools having a course of instruction approved by the Minnesota
Department of Education for students enrolled in K through grade 12, or any
portion thereof;
J. commercial recreation, minor;
K. utility service structures;
L. day care facilities serving thirteen (13) through sixteen (16) persons;
page revised in 2001
1112
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911.22
M. adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13) or more persons;
.
2. provide proof of an adequate water and sewer system if not served by
muniq[paj utilities;
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for us~ 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 o~
equipment used by participants or staff; or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of state. federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements; (Ord. 482, May 15,
1997)
N. residential facilities serving from seven (7) through sixteen (16) persons;
..
O. wind energy conversion systems or windmills;
P. relocated structures;
Q. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in height;
R. developments containing more than one (1) prinCipal structure per lot; or
S. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 528, October 29. 1998)
pege revised in 200 1
1113
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S11.22
Subd. 4. Permitted Accessory Uses. Within the agricultural preservation zone the following uses
shall be pennitted accessory uses:
A. machinery, structures and silos necessary to the conduct of agricultural operations;'
(Ord. 549, June 3,1999) .
B. garages;
- -
C. fences;
D. recreational E?quipment;
E. stables;
F. swimming pools;
G. solar equipment;
..
H. tennis courts;
I. receive only satellite dish antennas, antenna devices, or communication service
devices/apparatus (excluding towers) if located on utility service structures or
public buildings; (Amended, Ord. 572, July 27, 2000)
J. home occupations contingent upon approval of a home occupation permit; or (Ord.
501. September 18.1997)
K. other accessory uses. as determined by the Zoning Administrator.
Subd. 5. Desion Standards. Within the agricultural preservation zone, no land shall be used, and
no structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: one (1) dwelling per forty (40) acres.
.... Lot specifications:
p.
Minimum lot width: 1.000 feet.
Minimum lot depth: 1,000 feet.
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum rear yard setback: 40 feet.
C. Maximum height: Thirty-five (35) feet. Grain elevators. barns, silos, and elevator
lags may exceed this limitation without a conditional use permit.
Subd.6. Additional Reauirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50%
of their depth.
page revised in 2001
1114
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911.24
8. All dwellings shall have a permanent foundation in conformance with the
Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26,
1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7,
1994; Ord. 435, November 30, 1995)
. SEC. 11.23. Reserved. .
SEC. 11.24. RURAL RESIDENTIAL ZONE (RR).
Subd. 1. Purpose. The purpose of the rural residential zone is to allow low-density residential
development in areas which are not served by municipal urban selVices.
subd. 2. Permitted Uses. Within the rural residential zone, no structure or land shall be used
- except for one (1) or more of the following uses:
A. single family detached dwellings;
B. agricultural uses;
C. forestry and nursery uses;
D. utility services;
E. public recreation;
F. public buildings;
G. day care facilities selVing twelve (12) or fewer persons;
H. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not selVed by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated 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 clay care participant and each day care staff
member present at the center. When a center is located in a
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;
page revised in 2001
1115
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~11.28
Minimum front yard setback: 35 teet.
Minimum side yard setback: 15 feet.
Minimum rear yard setback: 40 feet.
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
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Subd. 6. Additional ReCluirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
.-
8. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 377, July 7, 1994j Ord. 435, November 30, 1995)
SEC. 11.27. Reserved.
SEC. 11.28. URBAN RESIDENTIAL ZONE (R-1B).
Subd. 1. purpose. The purpose of the urban residential zone is to provide an area for residential
development where public sanitary sewer and water are available.
Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. single family detached dwellings;
B. existing single family attached dwellings;
C. existing two (2) family dwellings;
D. public recreation;
E. utility services;
F. public buildings;
G. day care facilities serving twelve (12) or fewer persons;
H. adutt day ca~e centers as permitted uses, subject to the following conditions: the
adutt day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system IT not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
page ,evised in 1m
1129
S 11 .28
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
mu~ifunctional 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; or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I. group family day care facilities serving fourteen (14) or fewer children;
J. residential facilities serving six (6) or fewer persons;
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
this Section; (Ord. 496, August 21, 1997)
L. single family detached dwellings; or (Ord. 563, November 25, 1999)
M. single and mixed use deveropments which comply with Section 11.50 and have
received approval from the City Council. (Ord. 563, November 25, 1999)
Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used
for the following uses except by conditional use perm1t:
A. churches and other places of worship;
B. (Deleted, Ord. 501, September 18,1997)
D. cemeteries;
D. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
E. bed and breakfast inns;
F. utility service structures;
G. day care facilities serving thirteen (13) through sixteen (16) persons;
page revised in 1999
1130
S11.28
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day centers shall:
1. serve thirteen (13) or more persons;
,
2. provide proof of an adequate water and sewer system if not served by
municipal utiltties;
3. have outdoor leisure/recreation areas located and 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 muttifunGtional 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; or
c. in a multifunctional organization, any space occupied by persons
associated with the muttifunctional organization while participants
are using common space;
5. provide proof of state. federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I. residential facilities servicing from seven (7) through sixteen (16) persons;
J. relocated structures;
K. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in height;
L. developments containing more than one (1) principal structure per lot; or
M. other uses simllar to those permttted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 501, September 18, 1997; Ord. 528, October 29,
1998)
Subd. 4. Permitted Accessory Uses. Within the urban residential zone, the following uses shall
be permitted accessory uses:
page revised in 1999
1131
~ 11 .28
A. garages;
B. fences;
C. recreation equipment; .
D. gardening and other horticultural uses not involving retail sales;
E. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shaH be co-located on an existing tower or an existing structure;
2. must not exceed 175 feet. in total height (including the extension of any
communication service device(s) apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(s)/apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted. shall be complied with;
8. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to tts original or an approved state. The
user of the tower and/or accompanying accessory facilfties shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers ancVor communication
devlces( s )/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommende<l by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parKS of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily by
adutts;
page revise-d in 1999
1132
S 11 .29
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, March 13,1997)
F. swimming pools;
G. tennis courts;
H. home occupations contingent upon approval of a home occupation permit; (Ord.
501, September i 8, 1997)
I. solar equipment; or
--
J. other accessory uses, as determined by the Zoning Administrator.
Subd. 5. Desian Standards. Within the urban residential zone, no land shall be used, and no
structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: five (5) dwellings per acre. Streets shaH be excluded in
calculating acreage.
B. Maximum impervious surface percentage: 50%
C. Lot specifications:
Minimum lot width (single-family detached): 60 feet;
(existing two-family dwelling): 70 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 30 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd. 6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25,1979; Ord. 60, May 14,1981; Ord. 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30 I 1995)
SEC. 11.29. Reserved.
page levised in 1999
1133
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~i 1.28
Minimum front yard setback: 35 teet.
Minimum side yard setback: 15 feet.
Minimum rear yard setback: 40 feet.
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
- -
Subd. 6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet tor at least 50% of
their depth.
.-
B. AU dwellings shaU have a permanent foundation in conformance with the Minnesota
State BUilding Code. (Ord. 3n, July 7,1994; Ord. 435, November 30,1995)
,-
SEC. 11.27. Reserved.
SEC. 11.28. URBAN RESIDENTIAL ZONE (R-1B).
Subd. 1. puroose. The purpose of the urban residential zone is to provide an area for residential
development where public sanitary sewer and water are available.
Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. single family detached dwellings;
B. existing single family attached dwellings;
C. existing two (2) family dwellings;
D. public recreation;
E. utility services;
F. public buildings;
G. day care facilities serving twelve (12) orfewer persons;
H. adu~ day ca!e centers as permitted uses, subject to the following conditions: the
adu~ day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisurelrecreation areas located and designate<:! to minimize
visual and noise impacts on adjacent areas;
page ,.vised in 1m
1129
S11.28
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 if the required space avairable 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; or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I. group family day care facilities serving fourteen (14) or fewer children;
J. residential facilities serving six (6) Or fewer persons;
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
this Section; (Ord. 496, August 21, 1997)
L. single family detached dwellings; or (Ord. 563, November 25, 1999)
M. single and mixed use developments which comply wfth Section 11.50 and have
received approval from the City Council. (Ord. 563, November 25, 1999)
Subd. 3. Conditional Uses. Wtthin the urban residential zone, no structure or land shall be used
for the following uses except by conditional use permft:
A. churches and other places of worship;
B. (Deleted, Ord. 501, September 18, 1997)
D. cemeteries;
D. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
E. bed and breakfast inns;
F. utilITy service structures;
G. day care facilities serving thirteen (13) through sixteen (16) persons;
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&11.28
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day centers shall:
1. serve thirteen (13) or more persons;
,
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and 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 muttifunctionaJ 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; or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482, May is,
1997)
I. residential facilities servicing from seven (7) through sixteen (16) persons;
J. relocated structures;
K. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in height;
L. developments containing more than one (1) principal structure per lot; or
M. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 501, September 18, 1997; Ord. 528, October 29,
1998)
Subd. 4. Permitted Accessorv Uses. Within the urban residential zone, the following uses shaH
be permitted accessory uses:
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1131
S11.28
A. garages;
B. fences;
C. recreation equipment;
D. gardening and other horticultural uses not involving retail sales;
E. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co-located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. lights ancVor flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(s)/apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
1. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers anellor communication
devices( s )/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily by
adu~s;
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1132
~ 11.29
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, March 13, 1997)
F. swimming pools;
G. tennis courts;
H. home occupations contingent upon approval of a home occupation permit; (Ord.
501, September 18, 1997)
I. solar equipment; or
..
J. other accessory uses, as determined by the Zoning Administrator.
Subd. 5. Desian Standards. Within the uroan residential zone, no land shall be used, and no
structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: five (5) dwellings per acre. Streets shall be excluded in
calculating acreage.
B. Maximum impervious surface percentage: 50%
C. Lot specifications:
Minimum lot width (single-family detached): 60 feet;
(existing two-family dwelling): 70 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 30 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd. 6. Additional Requirements.
A. An dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwemngs shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14,1981; Ord, 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30, 1995)
SEC. 11.29. ReseNed.
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1133