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HomeMy WebLinkAbout5.A.1. Text Amendment Proposing the Creation of the Sewered Rural Residential (SRR) Zone-Ord. No. 771 ~f}. " CITY OF SHAKOPEE MEMORANDUM cn~lf~ " . ;&".": ~ V 11'1~ '~~l:NT CASELOG NO: 06-082 ;jC'\J$" TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Proposing the Creation of the Sewered Rural Residential (SRR) Zone MEETING DATE: October 17, 2006 INTRODUCTION City staff has prepared a text amendment that proposes the creation of new zoning district. The intent of the zoning district is to allow developed rural residential properties the ability to be connected to municipal services while retaining the development pattern that currently exists. PLANNING COMMISSION RECOMMENDATION On September 19, 2006, the Planning Commission held a public hearing on the proposed text amendment. On October 5, the Commission unanimously recommended approval of the text amendment as presented. Please find attached a copy of the October 5 report to the Planning Commission for the Council's reference. ALTERNATIVES 1. Offer and pass Ordinance No. 771 an amendment to City Code By Adding Sec. 11.25. 2. Offer and pass Ordinance No. 771, an amendment to City Code By Adding Sec. 11.25, with revisions. 3. Do not approve Ordinance No. 771. 4. Table the item for additional information. VISIONING RELATIONSHIP The proposed text amendment supports adopted Goal D: Vibrant, Resilient, and Stable. ACTION REQUESTED Offer Ordinance No. 771, Fourth Series, An Ordinance ofthe City of Shako pee, Minnesota, Amending City Code by Adding Section 11.25, and moveit~n. ~a~ Planner IT h:\cc\2006\1 O-17\txt_ rural residential sewered 06082.doc ORDINANCE NO. 771, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE BY ADDING SECTION 11.25 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the City Code Section is amended by adding Section 11.25, Sewered Rural Residential (SRR) Zone, as follows: SEC. 11.25. SEWERED RURAL RESIDENTIAL ZONE (SRR). Subd. 1. Purpose. The purpose of the sewered rural residential zone is to allow low-density residential development in areas that were platted prior to September 2006 and which are served by municipal urban services. Subd.2. Permitted Uses. Within the sewered 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. 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; 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. F. public recreation; G. public buildings; H. day care facilities serving twelve (12) or fewer persons; I. 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 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; J. group family day care facilities serving fourteen (14) or fewer children; K. residential facilities serving six (6) or fewer persons; or L. single family detached dwellings; 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 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 (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. In 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 COlmty 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. 3. Conditional Uses. Within the sewered rural residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. churches and other places of worship; B. cemeteries; C. commercial recreation, minor; D. seasonal produce stands when the principal use of the property is agricultural; E. 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; F. riding academies; H. day care facilities serving thirteen (13) through sixteen (16) persons; I. 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 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 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; 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. J. residential facilities serving from seven (7) through sixteen (16) persons; K. wind energy conversion systems or windmills; L. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in height; M. developments containing more than one (1) principal structure per lot; N. 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. Subd. 4. Permitted Accessorv Uses Within the sewered rural residential zone, the following uses shall be permitted accessory uses: A. garages; B. fences; C. gardening and other horticultural uses not involving retail sales; D. one (1) lodging room per single family dwelling; E. recreational equipment; F. machinery, structures and silos necessary to the conduct of agricultural operations; G. 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 and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. slgnage shall not be allowed on the communication semce 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 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 and/or 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 adults; 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. H. 1)tables with not m()re than two (2) horses per two and one-half (2-1/2) acres; I. swimming pools; J. solar equipment; K. receive only satellite dish antennas and other antenna devices; L. home occupations contingent upon approval of a home occupation permit; M. tennis courts; or N. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Desi2:n Standards. Within the sewered]ural 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: Densities shall be as approved at the time of platting prior to September 2006. B. Maximum impervious surface percentage: 30% C. Lot specifications: As approved at the time of platting prior to September 2006. 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. Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Summary of Ordinance 771", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 5. 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 Shako pee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2006. Official Summary of Ordinance No. 771 The following is the official summary of Ordinance No. 771, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota on October 17, 2006. ORDINANCE 771, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE BY ADDING SECTION 11.25 1. Adds a zoning district titled "Sewered Rural Residential (SRR)" Zone. 2. Establishes the permitted uses, conditional uses, and permitted accessory uses within the SSR zone. 3. Outlines the design standards and additional requirements for the SSR zone. A printed copy ofthe ordinance is available for inspection by any person at the office of the City Clerk and the Shakopee Library.