HomeMy WebLinkAboutItem -2507TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCP Plan ningCo. corn
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Daryl Morey
Daniel Licht, AICP
16 July 2013
Lakeville — Zoning Ordinance; Non -Conforming Uses
135.01 — 13.01
Item No. 7
The Planning Commission held a work session on 20 June 2013 to consider issues
related to the non -conforming status of an existing single family dwelling located at 8710
210th Street (Kettlehut). City staff was directed to draft an amendment to the Zoning
Ordinance that would allow the construction of a small detached accessory building on
this property and other similar non -conforming single family properties.
Exhibits:
A. Map of Selected Parcels within the MUSA
B. Draft Ordinance
ANALYSIS
Subject Site. The Kettlehut property is zoned O -R, Office/Residential Transition
District, which does not provide for single family dwellings as an allowed use making the
existing use of the property non -conforming and subject to Section 15 of the Zoning
Ordinance. Section 15 of the Zoning Ordinance regulates non -conforming uses stating
that they may be continued in the same manner and condition as they were legally
approved but that no expansion or intensification of the use is to occur. The property
owners have proposed construction of a detached accessory building related to the
existing single family use of the property. Because of the non -conforming use status of
the property, construction of a detached accessory building would be defined as an
expansion of the existing use and not allowed under the provisions of Section 15 of the
Zoning Ordinance.
Comprehensive Plan. The Comprehensive Plan establishes a 2030 Land Use Plan
illustrating the anticipated pattern of development that is to occur over time. For the
most part, the 2030 Land Use Plan is guiding the development of new land uses upon
undeveloped sites. However, there are existing developed areas of the City for which a
change of land use is planned based on the City's broadly defined land use goals as
well as site specific factors such as surrounding existing or planned uses, infrastructure
(utilities, streets, etc.) and other considerations. The 2030 Land Use Plan does not
establish a timeframe for when the planned land uses are to occur. The timing of
development is largely dependent upon initiation by the private sector, although the
availability of utilities, streets or other public infrastructure is also a factor. For
development (or redevelopment of an existing use) to occur, the property owner must
consent either by proposing the development or selling the property to another party to
bring forward a proposal.
The Kettlehut property is an isolated single family lot surrounded by quasi -public uses
that fronts and accesses to a major collector street with significant traffic volumes. The
existing lot area and width of the property are less than the minimum requirements of
any residential zoning district. Because of these factors, the 2030 Land Use Plan
guides the subject site for future Office/Residential Transition use anticipating potential
redevelopment either as part of the ISD 194 property to the east or incorporation as part
of the Cross of Christ Church property to the west. Redevelopment of the subject site
under either scenario would require a private agreement between the parties.
Zoning Ordinance. The Zoning Ordinance, which includes a Zoning Map designating
specific zoning districts for specific properties, is an official control established by the
City for the purposes of implementing the Comprehensive Plan and regulating land use.
Within the Twin Cities Metropolitan Area, the adoption of a zoning ordinance (including
the zoning map) is required to be consistent with the comprehensive plan. The most
basic meaning of this requirement is that the uses allowed by the zoning map must
match that which are guided by the land use plan. Moreover, this requirement does not
allow for an interim land use strategy to be used in cases where a redevelopment is
planned to occur that provides for the zoning to be maintained for the existing use and
then later changed in the future when a redevelopment guided by the land use plan is
proposed. The effect of this requirement is that the existing uses of properties guided
by the Comprehensive Plan for redevelopment become classified as non -conforming
uses.
Non -Conforming Uses. The Zoning Ordinance establishes separate zoning districts,
each of which is an appropriate area for the location of uses that are allowed in the
respective district. Section 15 of the Zoning Ordinance establishes regulations for lots,
buildings and uses to be continued if they do not comply with the requirements of the
Zoning Ordinance or are not allowed within a specific zoning district. The intent of these
regulations, especially with respect to non -conforming uses, is that the property will
eventually be brought into compliance with the Zoning Ordinance. Section 11-15-3.D of
the Zoning Ordinance provides that any non -conforming lot, building or use that was
legally established in compliance with the requirements of the Zoning Ordinance then in
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effect is permitted to be continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion.
Maintenance of an existing non -conforming building or use protects the property
owner's rights to that activity to which they were entitled to upon the property prior to it
becoming non -conforming. However, expansion of a non -conforming building or use
would be an intensification beyond the property owner's entitlements that could sustain
continuation of the use contrary to the intent that the property be brought into
compliance in time. The Zoning Ordinance was amended on 17 May 2010 to include
Section 11-15-3.E and provide greater definition as to what would constitute an
expansion of a non -conforming use:
Cz'-(R4 /JIO/V, CIVLl1RGEtVICIVT, (_)F IIV IrEiNS rlli/ IrlOIV. tiny increase in a
dimension, size, area, volume, or height, any increase in the area of use,
any placement of a structure or part thereof where none existed before, any
addition of a site feature such as a deck, patio, fence, driveway, parking
area, or swimming pool, any improvement that would allow the land to be
more intensely developed, any move of operations to a new location on the
property, or any increase in intensity of use based on a review of the original
nature, function or purpose of the nonconforming use, the hours of
operation, traffic, parking, noise, exterior storage, signs, exterior lighting,
types of operations, types of goods or services offered, odors, area of
operation, number of employees, and other factors deemed relevant by the
city.
The proposed addition of a detached accessory building would clearly be an expansion
of the non -conforming single family use of the Kettlehut property as defined by the
Zoning Ordinance. The addition of a definition of expansion was meant to avoid
exceptions to the restrictions under which non -conforming buildings and uses are
allowed to continue and protect the intent that non -conforming buildings and uses be
brought into compliance over time. For this reason, our office would not recommend
that the situation presented by the Kettelhut property be addressed through an
exception to the non -conforming use regulations, but rather address the non -conforming
status of the use.
Interim Uses. The Zoning Ordinance provides for establishment of interim uses, which
are those uses allowed to exist for a defined period of time. One of the applications of
an interim use approach is to allow a use that is considered to be currently acceptable
but would not be in the future based on planned development or redevelopment. Such
an interim land use regulation would satisfy the requirements of State Statue that the
Zoning Ordinance be consistent with the Comprehensive Plan without the implications
of non -conforming status.
An example of this interim use regulation is that the 2030 Land Use Plan guided the
area east of 1-35 and south of CSAH 70 for future office park land uses. The Zoning
Ordinance was updated to include a district related to this proposed land use (O -P,
Office Park District) and designated on the Zoning Map corresponding to the 2030 Land
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Use Plan. Within this area are several existing industrial uses that had developed in
accordance with the previous 1-1, Light Industrial District regulations. So as to avoid
making these uses non -conforming as a result of the zoning change and potentially
limiting continued operations or in-place expansion, the O -P District included the
existing uses as interim uses subject to the same performance standards as were
previously applied to the properties. The interim use permit provisions state that the
allowed industrial use of the property terminates upon redevelopment or subdivision of
the property for a use allowed within the O -P district. The existing uses are allowed to
continue as they were originally approved and even expand with the termination of the
industrial use determined by the property owner by their action to redevelop or
subdivide.
I Ills same inter imII use approach may lay be applied t0 LI ie K=;LLWII l it cir cu i Istai ICeS. vivei I
that the existing single family use presents no compatibility issues for the current or
planned surrounding land uses, allowing continuation or expansion of the use would not
be contrary to the intent of the Zoning Ordinance. However, this approach would apply
not only to the Kettelhut property but to all existing single family dwellings within the O -R
District.
City staff has identified eight non -conforming single family dwellings within the O -R
District and three within the C -CBD District all within the current MUSA. These single
family uses within the O -R and C -CBD District are shown on the attached map.
Additionally, existing single family uses in the RH-1, High Density Residential District
that are currently outside of the MUSA would be in a similar situation when the MUSA is
expanded and the RAO District allowing single family uses as a permitted use no longer
applies. City staff foresees no compatibility issues caused by the continuation of the
single family use to adjacent properties or action on the part of the City that would
trigger the non -conforming use to terminate. The existing single family uses must
recognize that these properties are identified for redevelopment and that more intensive
uses may develop surrounding them creating possible reverse compatibility issues.
These compatibility issues would be addressed to the extent provided for by the Zoning
Ordinance, but based on the 2030 Land Use Plan and Zoning Ordinance the
expectation must be that the more intensive land uses would be approved.
Dr a' Amendment. City staff has drafted the 011owing language to be included in the
RH-1 District, O -R District and C -CBD District making existing single family uses an
allowed interim use. The effective date of the interim use provision would be July 17,
2000 which was the date upon which a comprehensive revision of the Zoning Ordinance
was adopted that initially put into place these zoning districts and addressed the
consistency requirement between the Comprehensive Plan and Zoning Ordinance
following approval of the 1998 Comprehensive Plan update. Note that the Kettlehut and
other properties subject to the proposed language would be deemed to be allowed
interim uses under these provisions when the amendment is adopted without the need
to submit an interim use permit application.
M
X. Single family dwellings existing as of July 17, 2000 provided that:
1. The use shall be subject to the requirements applicable to
single family uses within the RS -4 District.
2. One (1) detached accessory building not greater than one
hundred twenty (120) square feet in area shall be allowed
when the total area of said detached building and an existing
attached accessory building would exceed the percentage of
minimum lot area that may be occupied by accessory
buildings established by Section 11-18-9.D.1 of this Title.
3. 1 Ile Illter 1111 Ub"_ sl lall te1111I , upul l jUbdIVISIVI I or
redevelopment of the property for a use allowed within the
[RH-1, O -R, C -CBD] District or as provided for by Section
11-5-7 of this Title.
Within the proposed language, City staff has also included a provision allowing at least
one detached accessory building up to 120 square feet to be built upon the property.
This detached accessory building would be allowed even if the combination of
accessory building area would exceed the maximum percentage allowed for the lot by
Section 11-18-9.D.1 of the Zoning Ordinance and is necessary to address the Kettlehut
situation.
CONCLUSION
City staff believes that the interim land use approach for existing single family dwellings
in certain zoning districts is the best option to address the circumstances presented by
the Kettelhut property. Allowing the existing single family uses to continue as interim
uses removes the limitations of non -conforming status and allows the property owner to
retain use of the property until they determine the timing for redevelopment.
Furthermore, the City's interest in establishment of regulations to effectively control non-
conforming lots, buildings or uses where potential compatibility issues or land use
conflicts exist is maintained as is consistency between the 2030 Land Use Flan and
Zoning Ordinance. We recommend approval of the proposed Zoning Ordinance
amendment in the form attached hereto.
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EXHIBIT A
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. .anion 11-81-9 of the Lakeville Clty Code is hereby
amended to add the following provisions:
E. Single family dwellings existing as of July 17, 2000 provided
that:
1. The use shall be subject to the requirements
applicable to single family uses within the RS -4
District.
2. One (1) detached accessory building not greater than
one hundred twenty (120) square feet in area shall be
allowed when the total area of said detached building
and an existing attached accessory building would
exceed the percentage of minimum lot area that may
be occupied by accessory buildings established by
Section 11-18-9.D.1 of this Title.
3. The interim use shall terminate upon subdivision or
redevelopment of the property for a use allowed
within the RH-1 District or as provided for by Section
11-5-7 of this Title.
Section 2. Section 11-70-9 of the Lakeville City Code is hereby
amended to include the following provisions:
B. Single family dwellings existing as of July 17, 2000 provided
that:
1. The use shall be subject to the requirements
applicable to single family uses within the RS -4
District.
' EXHIBIT B
2. One (1) detached accessory building not greater than
one hundred twenty (120) square feet in area shall be
allowed when the total area of said detached building
and an existing attached accessory building would
exceed the percentage of minimum lot area that may
be occupied by accessory buildings established by
Section 11-18-9.D.1 of this Title.
3. The interim use shall terminate upon subdivision or
redevelopment of the property for a use allowed
within the O -R District or as provided for by Section
11-5-7 of this Title.
Section 3. Section 11-74-9 of the Lakeville City Code is hereby
amended to include the following provisions:
D. Single family dwellings existing as of July 17, 2000 provided
that:
The use shall be subject to the requirements
applicable to single family uses within the RS -CBD
District.
2. One (1) detached accessory building not greater than
one hundred twenty (120) square feet in area shall be
allowed when the total area of said detached building
and an existing attached accessory building would
exceed the percentage of minimum lot area that may
be occupied by accessory buildings established by
Section 11-18-9.D.1 of this Title.
3. The interim use shall terminate upon subdivision or
redevelopment of the property for a use allowed
within the C -CBD District or as provided for by
Section 11-5-7 of this Title.
Section 4. This ordinance shall be effective immediately upon its
passage and publication.
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ADOPTED this day of , 2013, by the City Council of the
City of Lakeville, Minnesota.
ATTEST:
CITY OF LAKEVILLE
m
Matt Little, Mayor
Charlene Friedges, City Clerk