HomeMy WebLinkAboutItem 07February 16, 2012 Item No.
ZONING AND SUBDIVISION ORDINANCE AMENDMENTS
FEBRUARY 21, 2012 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve: an ordinance amending Title 4 (Health
and Sanitation Ordinance), Title 10 (Subdivision Ordinance) and Title 11 (Zoning Ordinance) of the City Code
and summary ordinance for publication.
Adoption of this motion will result in amended City Code requirements.
Overview
The City Council approved the Comprehensive Land Use Plan update in December of 2008 and subsequent
amendments to the Zoning Map, Zoning Ordinance and Subdivision Ordinance on May 17, 2010. In the months
since the new ordinances were approved, City staff has identified sections of the Zoning and Subdivision
Ordinances that need to be revised to clarify the intent of the regulations to make the ordinances more efficient
and easier to use and interpret by the public. The City also received input from community stakeholders
including developers, brokers and property owners requesting clarification of specific sections of the Zoning
Ordinance or Subdivision Ordinance. In addition, the City held a Development Forum and conducted a
Development Survey that garnered additional feedback from home builders, developer's and property owners as
to possible modifications of the City's development regulations to streamline the review process and make the
regulations more user friendly.
The Planning Commission reviewed the list of possible amendments to the Zoning Ordinance and Subdivision
Ordinance at their November 17, 2011 work session. Staff indicated the review and adoption of the list of
possible amendments would be broken into several phases allowing for the less technical changes to be
completed quickly and the other items, which will require more time for additional analysis or require City policy
changes, to be considered by Planning Commission and City Council in future phases. The Planning
Commission recommended approval of the Phase One amendments in December 2011. The City Council
adopted the Phase One amendments at the January 3, 2012 meeting.
At their February 2, 2012 meeting the Planning Commission held a public hearing to review the Phase Two
amendments. There was no public input. The Planning Commission unanimously recommended approval of
the amendments subject to changes that have been incorporated into the ordinance attached for City Council
consideration.
Primary Issues to Consider
Which amendments have been completed that specifically address comments received from residential and
commercial property owners and developers.
Supporting Information
• Staff Analysis of Primary Issues
• Ordinance Amending Title 4, Health and Sanitation Ordinance, Title 10, Subdivision Ordinance and Title 11,
Zoning Ordinance (clean and redlined copies)
• Summary Ordinance for Titles 4, 10 and 11
• January 26, 2012 Draft Planning Commission Meeting Minutes
• January 26, 2012 TPC Memo
Ilyn uennen, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Zoning and Subdivision Ordinances and City Code
Staff Analysis of Primary Issues
In response to comments received while working with the development community and commercial and
residential property owners as well as comments received during the development forum and development
survey the following specific ordinance amendments are being proposed:
• Single family setback exceptions are being added that allow for a reduced rear yard setback for homes
that back up to wetland areas.
• Residential fence setback standards are being reduced to allow homeowners greater use of their
property and clarified for easier interpretation by the public.
• Multiple tenant signage allowances are being added for industrial buildings to provide additional
signage opportunities for buildings with more than one user or tenant.
• Allowances for propane tank sales are being added to commercial districts allowing retailers an
additional opportunity for retail sales.
• Commercial animal kennel uses are being added to commercial districts as a conditional use to
address business requests for doggie day care.
• Building setbacks and building height limits in the industrial districts are revised to be uniform among
both districts providing increased height allowances and reduced building setback standards.
• Solid wall /fence and outdoor storage setbacks for uses within the industrial districts have been
amended to provide more flexibility in setbacks and design and increased outdoor storage area.
These amendments provide residential, commercial and industrial property owners and developers increased
flexibility in the use of their property and provide developers additional opportunities in the design and
construction of their projects. The specific requirements and details of the items listed above are outlined in the
attached ordinance and January 26, 2012 TPC memo.
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ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 4 (HEALTH AND SANITATION), TITLE 10
(SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE) OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 4 -2 -5.0 of the City Code is hereby amended to read as
follows:
C. Location Of Containers:
1. Containers for mixed municipal solid waste and
recyclable materials shall be kept in rear or
side yards.
2. For multiple family residential, commercial,
industrial and institutional uses, the containers
shall be screened from neighboring properties and
the public right of way or shall be kept indoors.
3. The containers shall be accessible at times of
collection and if normally stored indoors shall
be placed outside at designated collection times.
4. Such mixed municipal solid waste cans shall not
be used for incinerators. No mixed municipal
solid waste shall at any time be burned in any
bonfire or other fire, whether in a container or
in the open.
Section 2. Section 10- 3- 2.C.3.e of the City Code is hereby amended to read as
follows:
e. Statement of the proposed use of lots
stating the type of buildings with number of
proposed dwelling units or type of business
or industry so as to reveal the effect of
the development on traffic, fire hazards and
congestion of population and compliance with
the provisions of the Zoning Ordinance
including submission of the following for
commercial and industrial developments:
Proposed building floor plans.
Proposed architectural
including types of exterior
Comprehensive sign plan
the number, location, area
of all proposed signs.
elevations
materials.
illustrating
and height
Section 3. Section 11 -4 -3.E of the City Code is hereby amended to read as
follows:
E. The planning commission shall consider possible
effects of the proposed use with its judgment based
upon, but not limited to, the following factors:
1. The proposed action has been considered in
relation to the specific policies and provisions
of and has been found to be consistent with the
official city comprehensive plan.
2. The proposed use is or will be compatible with
present and future land uses of the area.
3. The proposed use conforms with all performance
standards contained in this code.
4. The proposed use can be accommodated with
existing public services and will not overburden
the city's service capacity.
5. Traffic generation by the proposed use is within
capabilities of streets serving the property.
Section 4. Section 11- 17 -11.B of the City Code is hereby amended to read as
follows:
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B. Restricted Uses And Areas: The required rear yard
setback for a residential lot in an RS -2, RS -3, or RS-
4 district backing onto a floodplain, a public open
space, park, or other such similar publicly reserved
and development restricted areas (excluding shorelands
and public rights -of -way) may be reduced as follows:
1. The required rear yard setback may be reduced one
foot (1') for each five feet (5') of public
space, but in no case shall the rear yard
requirement be reduced to less than twenty feet
(20') .
2. For rear yards abutting wetland or wetland buffer
areas, the rear yard setback may be reduced as
provided for by Section 11- 17- 11.B.1 of this
Section provided the requirements of Section 11-
16-13 of this title are met.
Section 5. Section 11- 18 -7.C.3 of the City Code is hereby amended to add the
following provision:
e. A paved driveway meeting the requirements of
Section 11- 19 -7.I of this title shall be
constructed for any detached structures
having an exterior opening a minimum of
eight feet (8') wide.
Section 6. Section 11- 18- 11.B.4 of the City Code is hereby amended to read as
follows:
4. Screening: The trash /recycling receptacles for
multiple family residential, commercial, industrial
and institutional uses shall be fully screened from
view of adjacent properties and the public right of
way.
Section 7. Section 11- 18- 11.E.1.b of the City Code is hereby amended to read
as follows:
b. Receptacles shall be set back a minimum of five
feet (5') from all property lines.
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Section 8. Section 11 -19- 7.1.12 of the City Code is hereby amended to read as
follows:
12. Surfacing:
a. All driveways and parking stalls shall be
surfaced with asphalt, concrete, cobblestone or
paving brick, except for those uses specifically
exempted below:
(1) Farm dwellings and farm operations.
(2) Single - family uses located within permanent
rural area or urban reserve area as defined
by the comprehensive plan with frontage and
access to a public street with a gravel
surface.
b. Plans for surfacing and drainage of driveways and
stalls for five (5) or more vehicles shall be
submitted to the city engineer for review and the
final plans shall be subject to the engineer's
written approval.
c. Legal nonconforming driveways and parking area
surfaces existing on March 17, 2003, shall be
regulated in accordance with Section 15 of this
title and brought into compliance with this
section at the time of any improvement that
intensifies the use of the parking area or
driveway.
Section 9. Section 11- 21 -5.D of the City Code is hereby amended to read as
follows:
D. Solid Walls: Structurally engineered solid walls
constructed of natural stone, brick or other masonry
material up to eight feet (8') in height that are not
part of buildings may be constructed only within
commercial and industrial districts and the P -OS
district by approval of an administrative permit.
Section 10. Section 11-21-5.F.4 of the City Code is hereby amended to read as
follows:
4. Setbacks From Public Rights Of Way:
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a. Within Front yards, side yards of a corner lot or
rear yards of a double frontage lot abutting a
public right of way:
(1) The fence shall not exceed forty eight
inches (48 ") in height and shall be at least
seventy five percent (75 %) open space for
the passage of air and light, except as
allowed by subsection 11- 21- 5.F.4.b of this
section.
(2) The fence shall be set back a minimum of ten
feet (10') from any lot line abutting a
public right of way, except where additional
setback is required by section 11- 21 -5.E of
this section.
b. A fence with a height greater than forty eight
inches (48 ") or less than seventy five percent
(75 %) open space may be constructed within a
required side yard of a corner lot abutting a
public right -of -way, or within the required rear
yard of a double frontage lot abutting a public
right -of -way of a major collector or arterial
street, provided that:
(1) The fence shall be set back ten feet (10')
from the property line abutting a public
right -of -way, except where additional
setback is required by section 11- 21 -5.E of
this section.
(2) The fence within a side yard abutting a
public right of way shall not extend into a
required front yard and shall be no closer
to the front lot line than a point
intersecting the front line of the principal
building.
(3) For interior lots, a gate constructed of the
same material as the fence shall be provided
in the fence to allow for maintenance of the
street side boulevard.
Section 11. Section 11- 21- 5.H.1.b of the City Code is hereby amended to read
as follows:
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b. Industrial districts:
(1) Fences may be erected up to a maximum of
eight feet (8') in height, except as may be
allowed by approval of a conditional use.
(2) Fences extending across front yards and side
yards abutting a public right of way shall
be at least seventy five percent (75 %) open
space for the passage of air and light
except as allowed by subsection H.l.b(3) of
this section.
(3) Within the I -1 and I -2 districts, a privacy
fence or solid wall may encroach into a
required side yard of a corner lot or rear
yard of a double frontage lot abutting a
public right of way for those streets not
classified as major collector or arterial by
the transportation plan, except for Hamburg
Avenue, by administrative permit provided
that:
(a) The solid wall or privacy fence shall
be setback fifteen (15') feet from the
public right -of -way except where
additional setback is required by
section 11- 21 -5.E of this section.
(b) The solid wall or privacy fence shall
be constructed of a non -wood
maintenance free material such as
vinyl, stone, brick, split face block,
textured or architectural concrete
panels, synthetic or composite
products, or similar materials as
approved by the zoning administrator.
(c) The location of gates across driveways
accessing the site shall be setback a
sufficient distance so as not to cause
congestion in the public street.
(d) The area on the street -side of the
solid wall or privacy fence shall be
landscaped in accordance with section
11- 21 -9.A.1 of this title, except that
the width of the landscape area shall
be a minimum of fifteen (15) feet.
Section 12. Section 11- 22 -5.B.1 of the City Code is hereby amended to read as
follows:
1. The outdoor storage area occupies space other than a
required front yard setback or side yard setback area
on a corner lot except in the I -1 and I -2 District the
outdoor storage area may occupy the side yard of a
corner lot or the rear yard of a double frontage lot
abutting a public right -of -way for those streets not
classified as major collector or arterial by the
transportation plan, except for Hamburg Avenue, when
screened by a solid wall or privacy fence as allowed
by section 11- 21- 5.H.l.b of this title.
Section 13. Section 11- 23- 15.R.2 of the City Code is hereby amended to read
as follows:
2. Multiple occupancy buildings may display a
freestanding sign that complies with the applicable
zoning district provisions in section 11 -23 -19 of this
chapter.
Section 14. Section 11- 23- 15.R.3 of the City Code is hereby amended to read
as follows:
3. Individual tenants of a multiple occupancy building
within a commercial or industrial zoning district may
display separate wall, canopy, or marquee signs
subject to the following requirements:
a. Within the O -R, C -1, C -2, C -3, C -CBD, and O -P
Districts:
(1) The number of individual wall,
marquee signs shall be limited
per tenant space except one (1)
sign may be displayed on a second
the tenant of a corner suite or a
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canopy, or
to one (1)
additional
facade for
suite that
extends through the building thus having two
(2) exterior walls.
(2) The tenant's business shall have an
exclusive exterior entrance.
(3) The sign(s) shall be located only on the
exterior wall of the tenant space to which
the sign permit is issued, but are not
required to face a public street.
(4) Each sign shall be limited to the maximum ,
wall sign size permitted in the applicable
zoning district provisions in section 11 -23-
19 of this chapter.
b. Within the O -P, I -1, I -2 and I -CBD Districts:
(1) The number of individual wall, canopy, or
marquee signs shall be limited to one (1)
per tenant space except that additional
signs may be displayed on a second facade
for the tenant of a corner suite or a suite
that extends through the building thus
having two (2) exterior walls subject to the
following:
(a) The sign(s) shall be located only on
the exterior wall of the tenant space
to which the sign permit is issued, but
are not required to face a public
street.
(b) There shall be no more than (1) sign
per tenant on any one (1) wall facing a
public street.
(2) Each sign or the total area of all signs for
an individual tenant shall be limited to the
maximum wall sign size permitted in the
applicable zoning district provisions in
section 11 -23 -19 of this chapter.
c. A comprehensive sign plan is submitted that
includes all of the following information:
(1) A site plan to scale showing the location of
lot lines, buildings, structures, parking
areas, existing and proposed signs, and any
other physical features of the area included
within the proposed comprehensive sign plan.
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(2) Scale elevations of buildings showing the
location of existing or proposed wall,
canopy, or marquee signs.
(3) To scale plans for all existing and proposed
signs of any type included within the
comprehensive sign plan indicating area,
dimensions, height, materials, colors, and
any means of illumination.
Section 15. Section 11- 23- 19.E.1.b of the City Code is hereby amended to read
as follows:
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not
more than one (1) wall, canopy, or
marquee sign shall be permitted on one
facade fronting a public street, except
in the case of a corner lot or through
lot where wall signs may be installed
on two (2) facades fronting a public
street or as may be allowed by Section
11- 23- 19.E.1.b(3) and (4).
(2) The area of individual signs shall not
exceed one hundred (100) square feet,
except as may be allowed by Section 11-
23-19.E.1.b(3).
(3) Single occupancy building or individual
tenant space with a gross floor area of
forty five thousand (45,000) square
feet or more:
(A) Sign area:
(1) The area of one (1)
individual sign shall not
exceed four hundred forty
(440) square feet.
(2) If a second sign is allowed
for a single occupancy
building or individual tenant
with a gross floor area of
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forty five thousand (45,000)
square feet or larger by
subsection Elb(1) of this
section, the area of the
second individual sign shall
not exceed two hundred (200)
square feet.
(B) Secondary signs.
(1) Additional secondary wall
signs shall be allowed on one
(1) facade either fronting a
public street or that is the
front entry of the principal
building.
(2) The total area of all
secondary wall signs shall
not exceed one hundred forty
four (144) square feet and
the area of any one secondary
wall sign shall not exceed
seventy two (72) square feet.
(4) Within the C -CBD District, one (1)
additional wall sign not exceeding one
hundred (100) square feet shall be
allowed to be displayed on a side or
rear wall of a building, which may or
may not front a public street.
Section 16. Section 11- 23- 19.G.1.b of the City Code is hereby amended to
read as follows:
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not
more than one (1) wall, canopy, or
marquee sign shall be permitted on one
facade fronting a public street, except
in the case of a corner lot or through
lot where wall signs may be installed
on two (2) facades fronting a public
street or as may be allowed by Section
11- 23- 19.G.1.b(3).
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(2) The area of individual signs shall not
exceed one hundred (100) square feet,
except as may be allowed by Section 11-
23-19.G.1.b(3).
(3) Single occupancy building or individual
tenant space with a gross floor area of
forty five thousand (45,000) square
feet or more:
(A) Sign area:
(1) The area of one (1)
individual sign shall not
exceed four hundred forty
(440) square feet.
(2) If a second sign is allowed
for a single occupancy
building or individual tenant
with a gross floor area of
forty five thousand (45,000)
square feet or larger by
subsection Glb(1) of this
section, the area of the
second individual sign shall
not exceed two hundred (200)
square feet.
(3) The area of individual signs
for single occupancy
buildings or individual
tenant spaces with a gross
floor area of one hundred
thousand (100,000) square
feet or larger shall not
exceed six hundred (600)
square feet.
(B) Secondary signs.
(1) Additional secondary wall
signs shall be allowed on one
(1) facade either fronting a
public street or that is the
front entry of the principal
building.
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(2) The total area of all
secondary wall signs shall
not exceed one hundred forty
four (144) square feet and
the area of any one secondary
wall sign shall not exceed
seventy two (72) square feet.
Section 17. Section 11- 57- 19.C.4.d(3) of the City Code is hereby amended to
read as follows:
(3) Integral colored split face (rock face) concrete
block or cement fiberboard shall qualify for
meeting the brick, stucco and /or natural or
artificial stone exterior material requirements
for any facade of a building not facing a private
drive or public right of way. If these materials
are used to meet the brick, stucco and /or natural
or artificial stone material requirement for the
other facades, the material shall extend the full
width of the foundation adjacent at ground level.
Section 18. Section 11- 58- 21.C.4.d(3) of the City Code is hereby amended to
read as follows:
(3) Integral colored split face (rock face) concrete
block or cement fiberboard shall qualify for
meeting the brick, stucco and /or natural or
artificial stone exterior material requirements
for any facade of a building not facing a private
drive or public right of way. If these materials
are used to meet the brick, stucco and /or natural
or artificial stone material requirement for the
other facades, the material shall extend the full
width of the foundation adjacent at ground level.
Section 19. Section 11- 59- 21.C.4.d(3) of the City Code is hereby amended to
read as follows:
(3) Integral colored split face (rock face) concrete
block or cement fiberboard shall qualify for
meeting the brick, stucco and /or natural or
artificial stone exterior material requirements
for any facade of a building not facing a private
drive or public right of way. If these materials
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are used to meet the brick, stucco and /or natural
or artificial stone material requirement for the
other facades, the material shall extend the full
width of the foundation adjacent at ground level.
Section 20. Section 11- 71 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 21. Section 11 -72 -7 of the City Code is hereby amended to include the
following provisions:
U. Commercial boarding or kenneling of domestic animals
provided that:
1. The number of animals boarded shall not exceed
twenty (2 0) .
2. Overnight boarding of animals shall not be
allowed and the hours of operation shall be
limited to seven o'clock (7:00) A.M. to ten
o'clock (10:00) P.M. unless extended by the city
council as part of the conditional use permit.
3. An indoor exercise area shall be provided to
accommodate the periodic exercising of animals
boarded at the kennel. No outdoor exercising of
animals shall be permitted.
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4. A ventilation system shall be designed so that no
odors or organisms will spread between wards or
to the outside air and will be capable of
completely exchanging internal air at a rate of
at least twice per hour. Air temperature must be
maintained between sixty degrees (60 °) and
seventy five degrees Fahrenheit (75 °F).
5. A room separate from the kennel area shall be
provided of sufficient size to adequately
separate animals that are sick or injured from
healthy animals.
6. Indoor animal kennel floors and walls shall be
made of nonporous materials or sealed concrete to
make it nonporous.
7. Animal wastes shall be flushed down an existing
sanitary sewer system or enclosed in a container
of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at
least once a day.
8. The appropriate license is obtained from the city
clerk and the conditions of section 5 -1 -12 of
this code are met.
9. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
10. There shall be adequate physical separation
within a multiple occupancy building between the
animal boarding tenant and other individual
tenant spaces to protect public health and
safety.
Section 22. Section 11- 72 -7.T of the City Code is hereby amended to include
the following provision:
4. There shall be adequate physical separation
within a multiple occupancy building between the
veterinary clinic and other individual tenant
spaces to protect public health and safety.
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Section 23. Section 11- 72 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 24. Section 11 -73 -7 of the City Code is hereby amended to include the
following provisions:
U. Commercial boarding or kenneling of domestic animals
provided that:
1. The number of animals boarded shall not exceed
twenty (20).
2. Overnight boarding of animals shall not be
allowed and the hours of operation shall be
limited to seven o'clock (7:00) A.M. to ten
o'clock (10:00) P.M. unless extended by the city
council as part of the conditional use permit.
3. An indoor exercise area shall be provided to
accommodate the periodic exercising of animals
boarded at the kennel. No outdoor exercising of
animals shall be permitted.
4. A ventilation system shall be designed so that no
odors or organisms will spread between wards or
to the outside air and will be capable of
completely exchanging internal air at a rate of
at least twice per hour. Air temperature must be
15
maintained between sixty degrees (60 °) and
seventy five degrees Fahrenheit (75 °F).
5. A room separate from the kennel area shall be
provided of sufficient size to adequately
separate animals that are sick or injured from
healthy animals.
6. Indoor animal kennel floors and walls shall be
made of nonporous materials or sealed concrete to
make it nonporous.
7. Animal wastes shall be flushed down an existing
sanitary sewer system or enclosed in a container
of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at
least once a day.
8. The appropriate license is obtained from the city
clerk and the conditions of section 5 -1 -12 of
this code are met.
9. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
10. There shall be adequate physical separation
within a multiple occupancy building between the
animal boarding tenant and other individual
tenant spaces to protect public health and
safety.
Section 25. Section 11- 73 -7.T of the City Code is hereby amended to include
the following provision:
4. There shall be adequate physical separation
within a multiple occupancy building between the
veterinary clinic and other individual tenant
spaces to protect public health and safety.
Section 26. Section 11- 73 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
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a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 27. Section 11- 74 -7.D of the City Code is hereby amended to read as
follows:
D. Reserved.
Section 28. Section 11- 74 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 29. Section 11 -74 -11 of the City Code is hereby amended to include
the following provision:
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H. Buildings combining the non - residential uses allowed
in this district, and residential uses, provided that:
1. The residential use shall not be located on the
ground floor.
2. The residential and nonresidential uses shall not
conflict in any manner.
3. The residential design and construction standards
as outlined in the RH -1 district are met.
Section 30. Section 11 -86 -11 of the City Code is hereby amended to include
the following provisions:
G. Construction of solid wall or privacy fence within a
required front yard or required side yard of a corner
lot abutting a public right -of -way as provided for in
section 11- 21- 5.H.l.b of this title.
Section 31. Section 11 -86 -13 of the City Code is hereby amended to read as
follows:
11- 86 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an I -1
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area
Lot width
Setbacks:
Front
;yards
Rear
?yards
i
130,000 square feet
100 feet
40 feet
30 feet, or 50 feet on the yard abutting
residential zoned property
Side 110 feet on any one side, or 30 feet on the side
yards iyard abutting a street. Side yards abutting
=residential zoned property, not less than 50 feet
18
r
Section 32. Section 11- 86 -15.A of the City Code is hereby amended to read as
follows:
Section 33. Section 11 -87 -11 of the City Code is hereby amended to include
the following provisions:
Section 34. Section 11 -87 -13 of the City Code is hereby amended to read as
follows:
11- 87 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an I -2
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area
Lot width
Setbacks:
Front F 40 feet
yards
;Rear
yards
Side
yards
1 acre
on the side yard abutting the residential zoned
'property
A. Principal buildings: Four (4) stories or forty five
feet (45')
G. Construction of solid wall or privacy fence within a
required front yard or required side yard of a corner
lot abutting a public right -of -way as provided for in
sectionll- 21- 5.H.l.b of this title.
30 feet, or 50 feet on the yard abutting
residential zoned property
110 feet on any one side, or 30 feet on the side
yard abutting a street; except 50 feet on the side
,yard abutting residential zoned property
19
Section 35. Section 11- 101 -29.E of the City Code is hereby amended to read
as follows:
E. Historic structures, as defined in 44 Code of Federal
Regulations, Part 59.1, shall be subject only to the
provisions of subsections A, B and C of this section.
Section 36. Section 11- 102 -23 of the City Code is hereby amended to include
the following provision:
F. The criteria established by Section 11 -6 -5 of this
title are met.
Section 37. This ordinance shall be in full force and effect upon its passage and
publication according to law.
ADOPTED by the City Council of the City of Lakeville, Minnesota, this 21
day of February, 2012.
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
20
Mark Bellows, Mayor
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 4 (HEALTH AND SANITATION), TITLE 10
(SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE) OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 4 -2 -5.0 of the City Code is hereby amended to read as
follows:
C. Location Of Containers:
1. Containers for mixed municipal solid waste
..ancand recyclable materials containcr3 shall be
kept in rear or side yards.
2. For multiple family residential, commercial,
industrial and institutional uses, the containers
and shall be screened from neighboring properties
and the public right of way or shall be kept
indoors.
3. The containers shall be accessible at times of
collection and if normally stored indoors shall
be placed outside at designated collection times.
4. Such mixed municipal solid waste cans shall not
be used for incinerators. No mixed municipal
solid waste shall at any time be burned in any
bonfire or other fire, whether in a container or
in the open.
Section 2. Section 10- 3- 2.C.3.e of the City Code is hereby amended to read as
follows:
e. Statement of the proposed use of lots
stating the type of buildings with number of
proposed dwelling units or type of business
or industry so as to reveal the effect of
the development on traffic, fire hazards and
congestion of population— and compliance
with the provisions of the Zoning Ordinance
including submission of the following for
commercial and industrial developments:
(1) Proposed building floor plans.
(2) Proposed architectural elevations
including types of exterior materials.
(3) Comprehensive sign plan illustrating
the number, location, area and height
of all proposed signs.
Section 3. Section 11 -4 -3.E of the City Code is hereby amended to read as
follows:
E. The planning commission shall consider possible
effects of the proposed amendmen use with —its
judgment ahall be based upon, but not limited to, the
following factors:
1. The proposed action has been considered in
relation to the specific policies and provisions
of and has been found to be consistent with the
official city comprehensive plan.
2. The proposed use is or will be compatible with
present and future land uses of the area.
3. The proposed use conforms with all performance
standards contained in this code.
4. The proposed use can be accommodated with
existing public services and will not overburden
the city's service capacity.
5. Traffic generation by the proposed use is within
capabilities of streets serving the property.
2
Section 4. Section 11- 17 -11.B of the City Code is hereby amended to read as
follows:
B. Restricted Uses And Areas: In thc case of a
residential lot in an RS 2, RS 3, or RS 4 district
backing onto a floodplain, a public opcn space, park,
or othcr such similar publicly reserved and
development rcstrictcd areas (excluding . shorclands,
wetlands, and streets), thc required rear yard setback
may bc rcduccd one foot (1') for ach five fcct (5')
of public space, but in no a.sc shall thc r ar yard
requirement bc rcduccd to lccc than twcnty fcct
(20').The required rear yard setback for a residential
lot in an RS -2, RS -3, or RS -4 district backing onto a
floodplain, a public open space, park, or other such
similar publicly reserved and development restricted
areas (excluding shorelands and public rights -of-
way)may be reduced as follows:
1. The required rear yard setback may be
foot (1') for each five feet (5')
space, but in no case shall the
requirement be reduced to less than
(20') .
3
reduced one
of public
rear yard
twenty feet
2. For rear yards abutting wetland or wetland buffer
areas, the rear yard setback may be reduced as
provided for by Section 11- 17- 11.B.1 of this
Section provided the requirements of Section 11-
16-13 of this title are met.
Section 5. Section 11- 18 -7.C.3 of the City Code is hereby amended to add the
following provision:
e. A paved driveway meeting the requirements of
Section 11- 19 -7.I of this title shall be
constructed for any detached structures
having an exterior opening a minimum of
eight feet (8') wide.
Section 6. Section 11- 18- 11.B.4 of the City Code is hereby amended to read as
follows:
4. Screening: The trash /recycling receptacles for
multiple family residential, commercial, industrial
and institutional uses shall be fully screened from
view of adjacent properties and the public right of
way.
Section 7. Section 11- 18- 11.E.1.b of the City Code is hereby amended to read
as follows:
b. Receptacles shall be set back a minimum of
e five feet (145') from all property lines.
Section 8. Section 11 -19- 7.1.12 of the City Code is hereby amended to read as
follows:
12. Surfacing:
a. All areas intcndcd to bc utilized for parking
space and driveways shall bc surfaced with
materials suitable to control duct and drainage.
ba. All driveways and parking stalls shall be
surfaced with asphalt, concrete, cobblestone or
paving brick, except for those uses specifically
exempted below:
(1) Farm dwellings and farm operations.
(2) Single - family uses located within permanent
rural area or urban reserve area as defined
by the comprehensive plan with frontage and
access to a public street with a gravel
surface.
eb. Plans for surfacing and drainage of driveways and
stalls for five (5) or more vehicles shall be
submitted to the city engineer for review and the
final plans shall be subject to the engineer's
written approval.
dc. Legal nonconforming driveways and parking area
surfaces existing on March 17, 2003, shall be
regulated in accordance with Section 15 of this
title and brought into compliance with this
section at the time of any improvement that
intensifies the use of the parking area or
driveway.
4
Section 9. Section 11- 21 -5.D of the City Code is hereby amended to read as
follows:
D. Solid Walls: Structurally engineered solid walls
constructed of natural stone, brick or other masonry
material up to eight feet (8') in height that are not
part of buildings may be constructed only within
commercial and industrial districts and the P -OS
district by approval of a conditional ucc an
administrative permit.
Section 10. Section 11- 21 -5.F.4 of the City Code is hereby amended to read as
follows:
4. Setbacks From Public Rights Of Way:
a. Fence cxtcnding acroao Within Front yards, and
side yards of a corner lot or rear yards of a
double frontage lot abutting a public right of
way:
(1) The fence shall not exceed forty eight
inches (48 ") in height and shall be at least
seventy five percent (750) open space for
the passage of air and light, except as
allowed by subsection 11- 21- 5.F.4.b of this
section.
(2) The fence, and shall be set back a minimum
of ten feet (10') from any lot line abutting
a public right of way, except where
additional setback is required by aubcection
F4b or F4c section 11- 21 -5.E of this
section.
b. A fence with a height greater than forty eight
inches (48 ") or less than seventy five percent
(75%) open space may be constructed within a
required rcar yard of a double frontage lot and a
side yard of a corncr lot abutting a major
collector or arterial strcct side yard of a
corner lot abutting a public right -of -way, or
within the required rear yard of a double
frontage lot abutting a public right -of -way of a
major collector or arterial street, provided
that:
5
(1) The fence shall be set back fiftccnten feet
(310') from the property line abutting a
major collcctor or artcrial strcct on lots
of rccord and prcliminary plattcd lots
having lcgal standing cstablishcd aftcr
January 1, l994public right -of -way, except
where additional setback is required by
section 11- 21 -5.E of this section.
(2) The fence alengwithin a side lot lincyard
abutting a major collcctor or artcrial
strcct public right of way shall not extend
into a required front yard and shall be no
closer to the front lot line than a point
intersecting the front line of the principal
building.
(3) For interior lots, a gate constructed of the
same material as the fence shall be provided
in the fence to allow for maintenance of the
street side boulevard for intcrior lots.
public right of way shall maintain the traffic
visibility rcquircmcnts of scction 11 16 15 of this
titic.
Section 11. Section 11- 21- 5.H.1.b of the City Code is hereby amended to read
as follows:
b. Industrial districts:
(1) Fences may be erected up to a maximum of
eight feet (8') in height, except as may be
allowed by approval of a conditional use.
(2) Fences extending across front yards and side
yards abutting a public right of way shall
be at least seventy five percent (750) open
space for the passage of air and light
except as allowed by subsection H.l.b(3) of
this section.
(3) Within the I -1 and I -2 districts, a privacy
fence or solid wall may encroach into a
required side yard of a corner lot or rear
yard of a double frontage lot abutting a
6
public right of way for those streets not
classified as major collector or arterial by
the transportation plan, except for Hamburg
Avenue, by administrative permit provided
that:
(a) The solid wall or privacy fence shall
be setback fifteen (15') feet from the
public right -of -way except where
additional setback is required by
section 11- 21 -5.E of this section.
(b) The solid wall or privacy fence shall
be constructed of a non -wood
maintenance free material such as
vinyl, stone, brick, split face block,
textured or architectural concrete
panels, synthetic or composite
products, or similar materials as
approved by the zoning administrator.
(c) The location of gates across driveways
accessing the site shall be setback a
sufficient distance so as not to cause
congestion in the public street.
(d) The area on the street -side of the
solid wall or privacy fence shall be
landscaped in accordance with section
11- 21 -9.A.1 of this title, except that
the width of the landscape area shall
be a minimum of fifteen (15) feet.
Section 12. Section 11- 22 -5.B.1 of the City Code is hereby amended to read as
follows:
1. The outdoor storage area occupies space other than a
required front yard setback or side yard setback area
on a corner lot except in the I -1 and I -2 District the
outdoor storage area may occupy the side yard of a
corner lot or the rear yard of a double frontage lot
abutting a public right -of -way for those streets not
classified as major collector or arterial by the
transportation plan, except for Hamburg Avenue, when
screened by a solid wall or privacy fence as allowed
by section 11- 21- 5.H.l.b of this title.
7
Section 13. Section 11- 23- 15.R.2 of the City Code is hereby amended to read
as follows:
2.
occupancy buildings may
consistentthat complies
district provisions in
chapter.
Section 14. Section 11- 23- 15.R.3 of the City Code is hereby amended to read
as follows:
3. Exccpt as providcd for in this subsection R,
Individual tenants of a multiple occupancy building
within a commercial or industrial zoning district
shall notmay display separate wall, canopy, or marquee
signs unlc ^c thc tenant's bu3inc ^., has an exclusive
cxtcrior cntrancc and subject to the following
requirements:
a. Thc number of individual wall, canopy, or marqucc
signs shall bc limitcd to one per tcnant space
except —ear° adds onal ;sign may bc displayed on a
second facadc for thc tcnant of a corncr suite or
a suite that extends through thc building thus
having two (2) cxtcrior walls.
b. Each sign shall bc limitcd to thc maximum wall
sign sizc permittcd in thc applicable zoning
district provisions in section 11 23 19 of this
chapter.
c. Thc sign shall bc located only on thc cxtcrior
wall of thc tcnant space to which thc sign permit
a.
street.
Within the 0 -R, C -1, C -2, C -3, C -CBD, and O -P
Districts:
(1) The number of individual wall,
marquee signs shall be limited
per tenant space except one (1)
sign may be displayed on a second
the tenant of a corner suite or a
8
ultiple
display a freestanding sign
with the applicable zoning
section 11 -23 -19 of this
canopy, or
to one (1)
additional
facade for
suite that
extends through the building thus having two
(2) exterior walls.
(2) The tenant's business shall have an
exclusive exterior entrance.
(3) The sign(s) shall be located only on the
exterior wall of the tenant space to which
the sign permit is issued, but are not
required to face a public street.
(4) Each sign shall be limited to the maximum
wall sign size permitted in the applicable
zoning district provisions in section 11 -23-
19 of this chapter.
b. Within the O -P, I -1, I -2 and I -CBD Districts:
(1) The number of individual wall, canopy, or
marquee signs shall be limited to one (1)
per tenant space except that additional
signs may be displayed on a second facade
for the tenant of a corner suite or a suite
that extends through the building thus
having two (2) exterior walls subject to the
following:
(a) The sign(s) shall be located only on
the exterior wall of the tenant space
to which the sign permit is issued, but
are not required to face a public
street.
(b) There shall be no more than (1) sign
per tenant on any one (1) wall facing a
public street.
(2) Each sign or the total area of all signs for
an individual tenant shall be limited to the
maximum wall sign size permitted in the
applicable zoning district provisions in
section 11 -23 -19 of this chapter.
4c. A comprehensive sign plan is submitted that
includes all of the following information:
(1) A site plan to scale showing the location of
lot lines, buildings, structures, parking
9
areas, existing and proposed signs, and any
other physical features of the area included
within the proposed comprehensive sign plan.
(2) Scale elevations of buildings showing the
location of existing or proposed wall,
canopy, or marquee signs.
(3) To scale plans for all existing and proposed
signs of any type included within the
comprehensive sign plan indicating area,
dimensions, height, materials, colors, and
any means of illumination.
Section 15. Section 11- 23- 19.E.1.b of the City Code is hereby amended to read
as follows:
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not
more than one (1) wall, canopy, or
marquee sign shall be permitted on one
facade fronting a public street,
excepts in the case of a corner lot or
through lot where wall signs may be
installed on two (2) facades fronting a
public street or as may be allowed by
Section 11- 23- 19.E.1.b(3) and (4).
(A) In thc caac of a corncr lot or
through lot whcrc wall cignc may
bc installcd on not morc than two
(2) facadcc fronting a public
strcct.
(B) In thc caac of a cinglc occupancy
building or cinglc tcnant .spacc
with a gross floor ar a of forty
fivc thousand (45,000) .squarc fcct
wall ;signs shall bc allowcd on ono
facadc fronting a public atrcct.
(C) Within thc C CBD district, one
additional :sign shall bc allowcd
to bc dioplaycd on a sidc or roar
1 0
wall of a building, which may or
may not front a public strcct.
(2) The area of individual signs shall not
exceed one hundred (100) square feet,
except as may be allowed by Section 11-
23-19.E.1.b(3).
(3) Single occupancy building or individual
tenant space with a gross floor area of
forty five thousand (45,000) square
feet or more:
(A) Sign area:
(1) The area of one (1)
individual sign for singlc
occupancy buildings or
individual tcnant spaccs with
a gro.,c floor ar a of forty
fivc thousand (45,000) squarc
fcct or largcr shall not
exceed four hundred forty
(440) square feet.
(2) If a second sign is allowed
for a single occupancy
building or individual tenant
with a gross floor area of
forty five thousand (45,000)
square feet or larger by
subsection Elb(1)(A) of this
section, the area of the
second individual sign shall
not exceed two hundred (200)
square feet.
(B) Secondary signs.
(1) Additional secondary wall
signs shall be allowed on one
(1) facade either fronting a
public street or that is the
front entry of the principal
building.
(2) The total area of all
secondary wall signs allowcd
11
by subsection Dlb(1)(B) of
this section for a singlc
occupancy building or
a grosc floor arca of forty
fivc thousand (45,000) squarc
fcct or morc shall not exceed
one hundred forty four (144)
square feet and the area of
any one secondary wall sign
shall not exceed seventy two
(72) square feet.
(4) Within the C -CBD District, one (1)
additional wall sign not exceeding one
hundred (100) square feet shall be
allowed to be displayed on a side or
rear wall of a building, which may or
may not front a public street.
Section 16. Section 11- 23- 19.G.1.b of the City Code is hereby amended to
read as follows:
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not
more than one (1) wall, canopy, or
marquee sign shall be permitted on one
facade fronting a public street,
excepti- in the case of a corner lot or
through lot where wall signs may be
installed on two (2) facades fronting a
public street or as may be allowed by
Section 11- 23- 19.G.1.b(3).
(A) In the casc of a corncr lot or
be installed on not morc than two
(2) facadcs fronting a public
strcct.
(E) — the casc of a single occupancy
building or single tcnant space
ro ^., floor area of forty
fivc thousand (45,000) square fcct
or larger, additional secondary
12
wall signs shall be allowcd on ono
facadc fronting a public strcct.
(2) The area of individual signs shall not
exceed one hundred (100) square feet,
except as may be allowed by Section 11-
23-19.G.1.b(3).
(3) Single occupancy building or individual
tenant space with a gross floor area of
forty five thousand (45,000) square
feet or more:
(A) Sign area:
(Al) The area of one (1)
individual sign for singlc
occupancy buildings or
individual tcnant spacca with
a gross floor arca of forty
fivc thousand (45,000) squarc
fcct or largcr shall not
exceed four hundred forty
(440) square feet.
(2) If a second sign is allowed
for a single occupancy
building or individual tenant
with a gross floor area of
forty five thousand (45,000)
square feet or larger by
subsection Glb(1) (A) of this
section, the area of the
second individual sign shall
not exceed two hundred (200)
square feet.
($3) The area of individual signs
for single occupancy
buildings or individual
tenant spaces with a gross
floor area of one hundred
thousand (100,000) square
feet or larger shall not
exceed six hundred (600)
square feet.
(B) Secondary signs.
13
(1) Additional secondary wall
signs shall be allowed on one
(1) facade either fronting a
public street or that is the
front entry of the principal
building.
(G2) The total area of all
secondary wall signs allowed
by subscction Clb(1)(D) of
this .scction for a singlc
occupancy building or
individual tcnant spacc with
a gross floor ar a of forty
fivc thousand (45,000) :quarc
fcct or morc shall not exceed
one hundred forty four (144)
square feet and the area of
any one secondary wall sign
shall not exceed seventy two
(72) square feet.
Section 17. Section 11- 57- 19.C.4.d(3) of the City Code is hereby amended to
read as follows:
(3) Integral colored split face (rock face) concrete
block or cement fiberboard shall not qualify for
meeting the brick, stucco and /or natural or
artificial stone exterior material requirements
for any facade of a building not facing a private
drive or public right of way. If these materials
are used to meet the brick, stucco and /or natural
or artificial stone material requirement for the
other facades, the material shall extend the full
width of the foundation adjacent at ground level.
Section 18. Section 11- 58- 21.C.4.d(3) of the City Code is hereby amended to
read as follows:
(3) Integral colored split face (rock face) concrete
block or cement fiberboard shall not qualify for
meeting the brick, stucco and /or natural or
artificial stone exterior material requirements
for any facade of a building not facing a private
drive or public right of way. If these materials
14
are used to meet the brick, stucco and /or natural
or artificial stone material requirement for the
other facades, the material shall extend the full
width of the foundation adjacent at ground level.
Section 19. Section 11- 59- 21.C.4.d(3) of the City Code is hereby amended to
read as follows:
(3) Integral colored split face (rock face) concrete
block or cement fiberboard shall not qualify for
meeting the brick, stucco and /or natural or
artificial stone exterior material requirements
for any facade of a building not facing a private
drive or public right of way. If these materials
are used to meet the brick, stucco and /or natural
or artificial stone material requirement for the
other facades, the material shall extend the full
width of the foundation adjacent at ground level.
Section 20. Section 11- 71 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 21. Section 11 -72 -7 of the City Code is hereby amended to include the
following provisions:
15
U. Commercial boarding or kenneling of domestic animals
provided that:
1. The number of animals boarded shall not exceed
twenty (2 0) .
2. Overnight boarding of animals shall not be
allowed and the hours of operation shall be
limited to seven o'clock (7:00) A.M. to ten
o'clock (10:00) P.M. unless extended by the city
council as part of the conditional use permit.
3. An indoor exercise area shall be provided to
accommodate the periodic exercising of animals
boarded at the kennel. No outdoor exercising of
animals shall be permitted.
4. A ventilation system shall be designed so that no
odors or organisms will spread between wards or
to the outside air and will be capable of
completely exchanging internal air at a rate of
at least twice per hour. Air temperature must be
maintained between sixty degrees (60 °) and
seventy five degrees Fahrenheit (75 °F).
5. A room separate from the kennel area shall be
provided of sufficient size to adequately
separate animals that are sick or injured from
healthy animals.
6. Indoor animal kennel floors and walls shall be
made of nonporous materials or sealed concrete to
make it nonporous.
7. Animal wastes shall be flushed down an existing
sanitary sewer system or enclosed in a container
of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at
least once a day.
8. The appropriate license is obtained from the city
clerk and the conditions of section 5 -1 -12 of
this code are met.
9. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
16
10. There shall be adequate physical separation
within a multiple occupancy building between the
animal boarding tenant and other individual
tenant spaces to protect public health and
safety.
Section 22. Section 11- 72 -7.T of the City Code is hereby amended to include
the following provision:
4. There shall be adequate physical separation
within a multiple occupancy building between the
veterinary clinic and other individual tenant
spaces to protect public health and safety.
Section 23. Section 11- 72 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 24. Section 11 -73 -7 of the City Code is hereby amended to include the
following provisions:
U. Commercial boarding or kenneling of domestic animals
provided that:
1. The number of animals boarded shall not exceed
twenty (2 0) .
17
2. Overnight boarding of animals shall not be
allowed and the hours of operation shall be
limited to seven o'clock (7:00) A.M. to ten
o'clock (10:00) P.M. unless extended by the city
council as part of the conditional use permit.
3. An indoor exercise area shall be provided to
accommodate the periodic exercising of animals
boarded at the kennel. No outdoor exercising of
animals shall be permitted.
4. A ventilation system shall be designed so that no
odors or organisms will spread between wards or
to the outside air and will be capable of
completely exchanging internal air at a rate of
at least twice per hour. Air temperature must be
maintained between sixty degrees (60 °) and
seventy five degrees Fahrenheit (75 °F).
5. A room separate from the kennel area shall be
provided of sufficient size to adequately
separate animals that are sick or injured from
healthy animals.
6. Indoor animal kennel floors and walls shall be
made of nonporous materials or sealed concrete to
make it nonporous.
7. Animal wastes shall be flushed down an existing
sanitary sewer system or enclosed in a container
of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at
least once a day.
8. The appropriate license is obtained from the city
clerk and the conditions of section 5 -1 -12 of
this code are met.
9. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
10. There shall be adequate physical separation
within a multiple occupancy building between the
animal boarding tenant and other individual
tenant spaces to protect public health and
safety.
18
Section 25. Section 11- 73 -7.T of the City Code is hereby amended to include
the following provision:
4. There shall be adequate physical separation
within a multiple occupancy building between the
veterinary clinic and other individual tenant
spaces to protect public health and safety.
Section 26. Section 11- 73 -11.B of the City Code is hereby amended to include
the following provision:
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 27. Section 11- 74 -7.D of the City Code is hereby amended to read as
follows:
D. Reserved. Buildings combining residential and
nonresidential uses allowed in this district, provided
that:
1. Thc residential and nonresidential u3c3 shall not
conflict in any manncr.
2. Thc residential dcsign and construction standards
Section 28. Section 11- 74 -11.B of the City Code is hereby amended to include
the following provision:
19
4. Propane sales (not refilling) limited to
twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a
locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located
upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach
into any required principal building
setback, required parking stall, drive
aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian
circulation.
Section 29. Section 11 -74 -11 of the City Code is hereby amended to include
the following provision:
H. Buildings combining the non - residential uses allowed
in this district, and residential uses, provided that:
1. The residential use shall not be located on the
ground floor.
2. The residential and nonresidential uses shall not
conflict in any manner.
3. The residential design and construction standards
as outlined in the RH -1 district are met.
Section 30. Section 11 -86 -11 of the City Code is hereby amended to include
the following provisions:
G. Construction of solid wall or privacy fence within a
required front yard or required side yard of a corner
lot abutting a public right -of -way as provided for in
section 11- 21- 5.H.l.b of this title.
Section 31. Section 11 -86 -13 of the City Code is hereby amended to read as
follows:
20
11- 86 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an I -1
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area ;30,000 square feet
Lot width 100 feet
Setbacks:
Front
yards
Rear
'yards
!Side
yards
5$40 feet
30 feet, or 50 feet on the yard abutting
residential zoned property
10 feet on any one side, or 30 feet on the side
yard abutting a street. Side yards abutting
residential zoned property, not less than 50 feet
on the side yard abutting the residential zoned
property
Section 32. Section 11- 86 -15.A of the City Code is hereby amended to read as
follows:
A. Principal buildings: Thrcc (3) Four (4) stories or
thirty forty five feet (4545')
Section 33. Section 11 -87 -11 of the City Code is hereby amended to include
the following provisions:
G. Construction of solid wall or privacy fence within a
required front yard or required side yard of a corner
lot abutting a public right -of -way as provided for in
section1l- 21- 5.H.l.b of this title.
Section 34. Section 11 -87 -13 of the City Code is hereby amended to read as
follows:
11- 87 -13: LOT REQUIREMENTS AND SETBACKS:
21
1
The following minimum requirements shall be observed in an I -2
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area 1 acre
Lot width
Setbacks:
1
Front
;yards
;Rear
;yards
;Side
!yards
I
1 1 100 feet
40 feet
30 feet, or 50 feet on the yard abutting
residential zoned property
3-510 feet on any one side, or 4$30 feet on the
side yard abutting a street; except 50 feet on the
side yard abutting residential zoned property
Section 35. Section 11- 101 -29.E of the City Code is hereby amended to read
as follows:
E. Historic structures, as defined in scction 11 2 3 of
this titic44 Code of Federal Regulations, Part 59.1,
shall be subject only to the provisions of subsections
A, B and C of this section.
Section 36. Section 11- 102 -23 of the City Code is hereby amended to include
the following provision:
F. The criteria established by Section 11 -6 -5 of this
title are met.
Section 37. This ordinance shall be in full force and effect upon its passage and
publication according to law.
22
ADOPTED by the City Council of the City of Lakeville, Minnesota, this 21
day of February, 2012.
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
23
Mark Bellows, Mayor
SUMMARY ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 4 (HEALTH AND SANITATION ORDINANCE)
TITLE 10 (SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE), OF
THE LAKEVILLE CITY CODE
This ordinance amends the City's health and sanitation, subdivision and zoning
ordinances. Amendments have been made to the following:
Title 4 (Health and Sanitation Ordinance)
Chapter 2 -5 (Location of Containers)
Title 10 (Subdivision Ordinance)
Chapter 3 -2 (Preliminary Plats)
Title 11 (Zoning Ordinance)
Chapter 4 -3 (Conditional Use Permits)
Chapter 17 -11 (Yards)
Chapter 18 -7 (Single Family Attached and Detached Accessory Uses)
Chapter 18 -11 (Waste and Recycling Receptacles and Enclosures)
Chapter 19 -7 (Off Street Parking, General Provisions)
Chapter 21 -5 (Fences)
Chapter 22 -5 (Outdoor Storage)
Chapter 23 -15 (Signs, General Regulations)
Chapter 23 -19 (Signs, District Regulations)
Chapter 57 -19 (RST -2 District Design and Construction Standards)
Chapter 58 -21 (RM -1 District Design and Construction Standards)
Chapter 59 -21 (RM -2 District Design and Construction Standards)
Chapter 71 -11 (C -1 District Uses by Administrative Permit)
Chapter 72 -7 (C -2 District Conditional Uses)
Chapter 72 -11 (C -2 District Uses by Administrative Permit)
Chapter 73 -7 (C -3 District Conditional Uses)
Chapter 73 -11 (C -3 District Uses by Administrative Permit)
Chapter 74 -7 (C -CBD District Conditional Uses)
Chapter 74 -11 (C -CBD District Uses by Administrative Permit)
Chapter 86 -11 (I -1 Uses by Administrative Permit)
Chapter 86 -13 (I -1 District Lot Requirements and Setbacks)
Chapter 86 -15 (I -1 District Building Height)
Chapter 87 -11 (I -2 Uses by Administrative Permit)
Chapter 87 -13 (I -2 District Lot Requirements and Setbacks)
Chapter 101 -29 (Floodplain Overlay District Non - conforming Uses)
Chapter 102 -23 (Shoreland Overlay District Variances)
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota, this
21st day of February, 2012.
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
ITEM 6. CITY OF LAKEVILLE
Chair Davis opened the public hearing to consider amendments to the Subdivision
and Zoning Ordinances. The Recording Secretary attested that the legal notice had
been duly published in accordance with State Statutes and City Code.
The Planning Company consultant Daniel Licht presented the planning report. Mr.
Licht stated that City staff has identified sections of the Zoning Ordinance and
Subdivision Ordinance that need to be revised to clarify the intent of the
regulations. In addition, he indicated that the City lias received input from
developers, brokers and property owners regarding possible modifications to the
Zoning Ordinance and Subdivision Ordinance.
Mr. Licht explained that the Planning Commission reviewed' a list of possible
amendments to the Zoning Ordinance;' and Subdivision Ordinance at their
November 17, 2011 work session. He indicated that tonight's presentation is Part 2
of the proposed amendments, which address additional technical items and also
some minor policy issues.
Mr. Licht reviewed the amendments, which are described in his January 26, 2012
memorandum. He referred to the Maps that *eye distributed at tonight's meeting
as well as the proposed .allow_ ance of outdoor storage, within the front or side yard
of a corner lot for uses:m the 1 -1 and I4Districts, provided it is fully screened by a
privacy fence or solid wall and' set back; 20 feet from the right -of -way line. The
Zoning Ordinance amendment'also proposes that there be landscaping on the street
side of the fence or :,wall , consistent'; ;with'`existing performance standards in the
Zoning Ordinance. The "outdoor storage' setback allowance would not apply to lots
abutting major collector or arterial streets and Hamburg Avenue.
He stated that the Option A map shows 73 parcels that would be affected by
allowing : expanded outdoor accessory storage to both front and side yard lots and
Option B shows 15 parcels that would be affected if the outdoor storage was only
allowed within the side: yard of a corner lot or the rear yard of a through lot for
those lots not abutting:a major collector or arterial street and Hamburg Avenue.
Mr. Licht stated that Planning and Engineering Department staff recommend
approval of the proposed amendments, which are listed in the January 26, 2012
planning report, as presented.
Chair Davis opened the hearing to the public for comment.
Planning Commission Meeting
February 2, 2012
Page 4
Tony Markgraf, Operations Manager for Midstate Reclamation and Trucking, 21955
Grenada Avenue
Mr. Markgraf thanked the Planning Commission and staff for considering
modifications to the ordinance regarding outdoor storage setbacks in the I -1 and I -2
Districts. He indicated that it is Midstate's intention to install an aesthetically
pleasing solid fence (wall) on the south side of their property abutting 220th Street at
a 15 foot setback in order to maximize their outdoor storage area. Mr. Markgraf
stated that if the City agrees to a greater setback, Midstate,will ask for a variance to
allow them to construct their fence at a 15 foot setback on the south side of their
property. Should the variance not be granted, they will follow the City's setback
requirements with a parking lot enclosed by a chain link; fence at the required
setback line. He stated that would be their least desired option.
12.05 Motion was made and seconded to close the public hearing at 6:31 p.m.
Ayes: Lillehei, Davis, Blee, Grenz, Drotning, Boerschel, Maguire.
Nays: 0
Chair Davis explained to CommiSSioner Blee, who was not in attendance at the
January 19, 2012 Planning Commission ' work session,that during the discussion
that night regarding the propose&,Industrial District' outdoor storage and solid
fence /wall setback issue, the Planning: , Common; is s vas split between reducing the
:
setback to 15 feet or: 20 feet, Options' and B' maps handed out at tonight's
meeting were intended to clarify the impacts of the proposed setback reduction.
Chair Davis asked for:comnients,:from the Planning Commission. Discussion points
were:
•;:: %,=The Planning:: Commission agreed with the industrial outdoor storage
setback reduction scenario proposed by the Option B map, which
corresponds with =,the redlined revisions to Sections 11 and 12 distributed at
tonight's meeting;_
• Askedfor:,.clarification why the industrial outdoor storage setback reduction
would not ,apply to lots abutting Hamburg Avenue. Mr. Licht explained that
even though Hamburg Avenue is only a minor collector it serves as a main
street spine through the industrial park.
• After some discussion, the Planning Commission agreed to a 15 foot
industrial outdoor storage setback for the side yards of corner lots and the
rear yards of double frontage lots abutting streets not classified as major
collector or arterial, except Hamburg Avenue.
• Clarified that the industrial outdoor storage setback reduction scenario
proposed by the Option B map could affect more lots in the future when
First Park Lakeville and other undeveloped industrial zoned land is
subdivided for development.
Planning Commission Meeting
February 2, 2012
Page 5
• Question was raised regarding the proposed ordinance amendment
requirement for providing paved driveway access to detached accessory
buildings. Commissioner Grenz indicated that he has a 7 foot roll up garage
door on his accessory building and he can drive a car through it. Mr. Licht
explained that the ordinance amendment is based upon an architectural
standard for a garage design that is 1 foot narrower than a parking stall. It
was felt that the 8 foot door would apply to most detached accessory
garages. Mr. Licht indicated that this has been an on -going issue since the
2000 Zoning Ordinance Update. The Building Inspections Department will
monitor this requirement and if 8 feet does not adequately address the issue,
they will let Planning Department staff know.
• It was determined that regarding propane tanks, there is no need to add the
word "exchange" to the proposed ordinan amendment:'', The City Attorney
indicated that exchange is a generic terse and is part of the
• Commissioner Grenz felt that floor, to ceiling walls should be required to
separate a commercial domestic animal boarding tenant spa from other
tenant spaces in multiple tenant buildings. It was agreed that wording will
be added to Sections 21 and 23 to requi`r a physical separation between a
commercial domestic animal boarding tenant and other tenants in a multiple
tenant building.
• Chair Davis commended the staff and Mrs.. Licht- for quickly preparing the
proposed amendm in response to comments and suggestions received
from residents, developers, and businesses.
Planning Commission Meeting
February 2, 2012
Page 6
The following amendments to file proposed' ordinance were agreed upon:
Sections 11 and 12, the proposed' setback will be changed from 20' to 15' and
reduced setback will only be allowed within the side yard of a corner lot
Or the rear yard of a through lot not abutting a major collector or arterial
Street or Hamburg;Avenue-
-:i
Sections 21 and 23, (U) the following paragraph will be added:
10. There shall be adequate physical separation within a multiple
occupancy building between the animal boarding tenant and other
individual tenant spaces to protect public health and safety.
12.06 Motion was made and seconded to recommend to City Council approval of the
proposed amendments to the Subdivision and Zoning Ordinances, as amended.
Ayes: Lillehei, Davis, Blee, Grenz, Drotning, Boerschel, Maguire.
Nays: 0
Mr. Morey thanked the Planning Commission for their work on these proposed
amendments.
The next Planning Commission meeting is scheduled for February 16, 2012.
There being no further business, the meeting was adjourned at 6:57 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
ATTEST:
Bart Davis, Chair
Planning Commission Meeting
February 2, 2012
Page 7
TPC
MEMORANDUM
BACKGROUND
Exhibits:
A. Draft Ordinance amendment
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPCQPIanningCo. cam
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 26 January 2012
RE: Lakeville — Zoning Ordinance
TPC FILE: 135.01
Comprehensive updates of the Zoning Ordinance and Subdivision Ordinance were
adopted by the City Council on 17 May 2010 as required by State Statues to implement
the 2008 Comprehensive Land Use Plan. In the subsequent months, City staff has
identified sections of the Zoning Ordinance that need to be revised to clarify the intent of
the regulations. The City has received input from other stakeholders including
developers, brokers and property owners requesting clarification of specific sections of
the Zoning Ordinance or Subdivision Ordinance. The City also held a Development
Forum and conducted a Development Survey that garnered additional feedback as to
possible modifications of the City's development regulations to streamline the review
process and make these regulations more user friendly.
The Planning Commission reviewed a list of possible amendments to the Zoning
Ordinance and Subdivision Ordinance at their 17 November 2011 work session. This
memorandum forwards Part 2 of the proposed modifications of the Zoning Ordinance
and Subdivision Ordinance, which address additional technical items and also some
minor policy issues. Further discussion regarding additional amendments will occur at
future Planning Commission and City Council meetings or work sessions.
ANALYSIS
• Trash Container Requirements. The provisions in Section 4 -2 -5.0 of the City
Code and Sections 11- 18- 11.b.4 and 11- 18- 11.E.1.b of the Zoning Ordinance are
proposed to be amended to reference specifically to multiple family residential,
commercial, industrial and institutional uses regarding applicability of the
required screening of trash containers stored outdoors. This amendment will
resolve misperceptions that single family trash and recycling containers located
in side and rear yards have to be screened to better facilitate responses to code
enforcement complaints regarding property maintenance.
• Preliminary Plat Submissions. The submission requirements for preliminary
plat applications is being revised to include language for submission of building
floor plans, architectural elevations and a comprehensive sign plan for
commercial and industrial developments. These plans are typically submitted
with the preliminary plat application to allow for concurrent determination of
compliance with the Zoning Ordinance.
• CUP Criteria. Section 11 -4 -3.E of the Zoning Ordinance establishes criteria for
consideration of conditional use permits. However, the text states that the
Planning Commission shall consider the "amendment ", which is proposed to be
amended to read "use ". This is a typographical correction.
• Rear Yard Setback Reductions. Section 11- 17 -11.B of the Zoning Ordinance
provides for a reduction in the required rear yard setback to not less than 20 feet
for single family residential lots that abut areas restricted from development such
as parks, floodplain, stormwater basins, etc. Wetlands are currently excluded
from the natural areas from which the setback reduction applies. City staff
recommends making the setback reduction allowable for single family lots
abutting wetlands provided the requirements regarding wetland protection
established in Section 11 -16 -13 of the Zoning Ordinance are met. Section 11-
16-13 of the Zoning Ordinance establishes a minimum usable yard requirement
of 20 feet outside of a wetland and wetland buffer that is the same as the
minimum allowed rear yard in Section 11- 17 -11.B of the Zoning Ordinance. This
amendment will allow a more flexible rear yard setback for those homes adjacent
to a wetland area.
• Detached Accessory Buildings. The Building Inspections Department has
requested clarification as to when a paved driveway to a detached accessory
building is required. Section 11- 19- 7.1.12 of the Zoning Ordinance requires
driveways for passenger vehicles to be paved. City staff has drafted an
amendment to Section 11- 18 -7.0 regulating detached accessory buildings for
single and two family residential uses to require a paved driveway for any
detached accessory building with an exterior access having a minimum width of
eight feet.
2
• Parking Area and Driveway Surfacing. Section 11- 19- 7.I.12.a of the Zoning
Ordinance states that parking areas and driveways must be surfaced to control
drainage and dust. Subsection b subsequently requires parking areas and
driveways for all uses except those specifically exempted to be surfaced with
asphalt, concrete, cobblestone or paving brick. For clarity, City staff
recommends repealing subsection a.
• Residential Fence Setbacks. The Planning Commission discussed an issue
related to residential fence setbacks at a work session on 19 August 2010. The
issue is that prior to the 2000 Zoning Ordinance Update there was no setback
requirement for single family residential fences on corner lots abutting local
streets. The 2000 Zoning Ordinance update required privacy fences constructed
in the side yards of single family corner lots abutting local streets to meet the
building setback requirement for the respective zoning district, which is 20 feet in
the RS -3, RS -4 and RS -CBD districts and 30 feet in the RS -1 and RS -2 districts.
The purpose of the increased setback requirement was to maintain the view
corridor along the street frontage as well as to ensure adequate visibility at
intersecting street corners and for adjacent homeowners backing out of their
driveways for traffic safety purposes.
Because of confusion over the way the residential fence requirements were
worded, for the past 11 years City staff has only required a 10 foot setback for
fences in the side yards of single family corner lots abutting local streets,
regardless of whether the fence was privacy or chain link. After discussing this
fence setback issue, the Planning Commission concurred with a uniform 10 foot
setback for fences in the side yards of single family corner lots abutting local
streets consistent with staff's issuance of fence permits for the past 11 years.
• Industrial District Fence Setbacks. The Planning Commission discussed
fence (and outdoor storage) setbacks at a work session on 19 January 2012
(refer to the memorandum by Associate Planner Frank Dempsey dated 13
January 2012 for background information). The consensus of the Planning
Commission is to allow a reduced setback to at least 20 feet for privacy fences
and solid walls within the 1 -1 and 1 -2 Districts by administrative permit. Language
has been included with amendments to effect this change in Section 11- 21 -5.H of
the Zoning Ordinance.
■ Multiple Tenant Industrial Signs. Section 11- 23- 15.R.3 of the Zoning
Ordinance establishes allowances for multiple signs for commercial and industrial
buildings with two or more tenants. These provisions require that each tenant
have an exclusive exterior entrance, which is common to retail type uses but not
industrial buildings. City staff recommends modifying the Zoning Ordinance to
continue to require the exclusive exterior entrance only for buildings in the O -R,
C -1, C -2, C -3, C -CBD, and O -P districts. Within the 1 -1, 1 -2, and I -CBD districts
individual tenants would be allowed more than one sign on a wall not fronting a
public street provided the total area of the signs on that wall does not exceed the
3
district provisions. This amendment will provide increased signage options and
flexibility for multiple tenant industrial buildings.
• Big Box Commercial Wall Signs. City staff has revised the provisions of
Sections 11- 23 -19.E and 11- 23 -19.G applicable to commercial uses with a gross
floor area of 45,000 square feet or more to make the language more readable
and easier for users to understand. No change to the number or area of wall
signs allowed under these provisions has been made.
• Detached Townhouse and Townhouse Building Materials. The RST -2, RM -1
and RM -2 Districts specify minimum use of masonry materials for exterior
construction of detached and attached townhouse buildings. The Zoning
Ordinance excludes the use of rock face block or cement fiberboard to meet this
requirement but the language has a negative context. City staff has revised the
provision in all three districts to state the same requirement as a positive - no
changes to the existing provisions is recommended.
• Propane Tank Sales. City staff recommends modifying the Zoning Ordinance to
allow propane tank sales (not refilling) in commercial districts for other uses in
addition to motor fuel facilities. Sales of propane tanks would be by
administrative permit under outdoor sales such that City staff has an opportunity
to verify compliance with fire codes and that that outdoor sales area doesn't
interfere with pedestrian or vehicular access. This language would be amended
for the C -1, C -2, C -3 and C -CBD Districts and provides for additional revenue
opportunities for retail businesses.
• Daytime Animal Kennels. Veterinary clinics are a conditional use in the C -2
and C -3 Districts and allowed accessory animal kennels including overnight
boarding. City staff recommends adding commercial domestic animal boarding
as a principal use within the C -2 and C -3 Districts by conditional use permit. The
performance standards for this type of use would be the same as for the
veterinary clinic but with the added stipulation that hours of operation are limited
to 7:OOAM to 10:OOPM. This revision would address business requests to allow
doggie day care in commercial districts.
• C -CBD District Mixed Use Buildings. Buildings with commercial and
residential uses are allowed in the C -CBD District as a conditional use. To
facilitate the development process for these types of projects, City staff
recommends allowing mixed use buildings where the residential use is not on the
ground floor by administrative permit. The administrative permit process is
necessary to allow evaluation of required parking and compliance with
performance standards applicable to multiple family housing cross referenced
with the RH -1 District. This revision would allow residential uses on the upper
floors of retail and commercial buildings within the C -CBD as an administrative
review.
4
• 1 -1 and 1 -2 District Setbacks. It was noted as part of the Midstate Reclamation
corner lot setback request that the setback requirements in the 1 -1 and 1 -2
District are different:
Both the 1 -1 and 1 -2 Districts require a 50 foot setback from adjacent residential
uses. In order to maximize developable space within each lot and provide for a
consistent development pattern, City staff recommends modifying the setback
requirements to be the same in each district to require the lesser of the existing
standards in each districts.
• 1 -1 District Building Height. To maximize opportunities for economic
development, City staff recommends that the maximum building height allowed in
the 1 -1 District be increased from 35 feet to 45 feet. A maximum building height
of 45 feet is currently allowed in the 1 -2 District. A building height greater than 35
feet in the 1 -1 District currently requires approval of a conditional use permit.
The primary concern with allowing the greater building height would be potential
for compatibility issues with adjacent residential uses. However, the only 1 -1
District parcels adjacent to developed RM -1 zoned land is the JFK Elementary
and McGuire Middle School facilities. The only vacant RM -1 zoned land is
located across Lakeville Boulevard from Airlake Industrial Park. No compatibility
issues are anticipated based on these land use arrangements as a result of
increasing the allowed building height by 10 feet.
• Floodplain Non - Conforming Structure Exemptions. The floodplain provisions
in Section 102 of the Zoning Ordinance include specific regulations for non-
conforming buildings (in addition to those in Section 15 of the Zoning Ordinance)
that are mandated by FEMA and the DNR. One of these provisions exempts
historic structures. City staff is proposing to amend this provision to include
reference to the Federal Code section which defines historic structures exempted
from these regulations.
■ Shoreland District Variances. The DNR requires the City to include criteria
specific to consideration of variances within the Shoreland District provisions.
These criteria are in addition to the "practical difficulties" criteria outlined in
Section 6 of the Zoning Ordinance and established by Minnesota Statutes. City
staff recommends including a provision within the Shoreland District variance
section cross referencing that the "practical difficulties" criteria established
generally by the Zoning Ordinance must also be met for a variance within the
Shoreland District to be approved.
5
1 -1 District
1 -2 District
Front Yard
50ft.
40ft.
Side Yard - Interior
10 ft.
15ft.
Side Yard — Corner
30ft.
40ft.
• 1 -1 and 1 -2 District Setbacks. It was noted as part of the Midstate Reclamation
corner lot setback request that the setback requirements in the 1 -1 and 1 -2
District are different:
Both the 1 -1 and 1 -2 Districts require a 50 foot setback from adjacent residential
uses. In order to maximize developable space within each lot and provide for a
consistent development pattern, City staff recommends modifying the setback
requirements to be the same in each district to require the lesser of the existing
standards in each districts.
• 1 -1 District Building Height. To maximize opportunities for economic
development, City staff recommends that the maximum building height allowed in
the 1 -1 District be increased from 35 feet to 45 feet. A maximum building height
of 45 feet is currently allowed in the 1 -2 District. A building height greater than 35
feet in the 1 -1 District currently requires approval of a conditional use permit.
The primary concern with allowing the greater building height would be potential
for compatibility issues with adjacent residential uses. However, the only 1 -1
District parcels adjacent to developed RM -1 zoned land is the JFK Elementary
and McGuire Middle School facilities. The only vacant RM -1 zoned land is
located across Lakeville Boulevard from Airlake Industrial Park. No compatibility
issues are anticipated based on these land use arrangements as a result of
increasing the allowed building height by 10 feet.
• Floodplain Non - Conforming Structure Exemptions. The floodplain provisions
in Section 102 of the Zoning Ordinance include specific regulations for non-
conforming buildings (in addition to those in Section 15 of the Zoning Ordinance)
that are mandated by FEMA and the DNR. One of these provisions exempts
historic structures. City staff is proposing to amend this provision to include
reference to the Federal Code section which defines historic structures exempted
from these regulations.
■ Shoreland District Variances. The DNR requires the City to include criteria
specific to consideration of variances within the Shoreland District provisions.
These criteria are in addition to the "practical difficulties" criteria outlined in
Section 6 of the Zoning Ordinance and established by Minnesota Statutes. City
staff recommends including a provision within the Shoreland District variance
section cross referencing that the "practical difficulties" criteria established
generally by the Zoning Ordinance must also be met for a variance within the
Shoreland District to be approved.
5
CONCLUSION
The Planning Commission will consider the proposed amendments at a public hearing
to be held on 2 February 2012. City staff and our office recommend approval of the
proposed amendments in the form attached hereto.
6