HomeMy WebLinkAboutItem -0606j 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCTPC@PlanningCo.com
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 17 January 2014
RE: Lakeville — Zoning Ordinance
TPC FILE: 135.01 —13.01
BACKGROUND
Item No. �
The City of Lakeville has initiated updates to the Zoning Ordinance pursuant to Section
11-3-1 of the Zoning Ordinance. The purpose of these amendments is to address
issues related to allowance of residential boarders, clarification of regulations on
residential fences, further codification of amendments related to senior housing,
allowance of data center uses in various districts and Shoreland Overlay District
development regulations. City staff has drafted proposed amendments related to these
items.
Exhibits:
A. Draft Zoning Ordinance amendment
ANALYSIS
Residential Boarders. The Zoning Ordinance currently makes allowance for boarding
of up to two persons within a single family dwelling as a permitted accessory use in all
residential zoning districts. The intent of this provision is to allow a homeowner the
opportunity to rent occupancy within their home to either persons known to them (but
not family related) or for financial reasons. The limit of two persons is intended to
ensure that the boarding of rooms does not intensify the use of the property to the point
where compatibility issues may occur within the neighborhood.
With the advent of the internet, the boarding of rooms has become a commercial
enterprise. Persons are able to advertise the availability of rooms for rent on a short
term basis providing lodging and functioning in a manner similar to that of a bed and
it
breakfast or hotel. The turnover in occupancy related to this type of boarding is
unusual for a residential neighborhood. To ensure that the boarding of rooms occurs
as a residential versus commercial activity, City staff proposes amendments to the
Zoning Ordinance to:
■ Revise the definitions of boarding room and hotel to clarify the characteristics of
each activity.
■ Change the allowance of boarding of rooms within a single family dwelling from
a permitted accessory use to a use allowed by administrative permit within the
AP, RA, RS -1, RS -2, RS -3, RS -4, RS -CBD, RSMH, RST -1, RST -2, RM -1, RM -2,
RH-1 and RH-2 Districts and including performance standards that:
o Limit occupancy to two persons as boarders.
o Establish a minimum 30 day rental period and limit the number of rental
agreements that can be entered into to one every 30 days.
o Require provision of one off-street parking stall in addition to the two
required for the single family dwelling.
Residential Fences. A revision to the regulations for fences located within front yards,
within side yards of a corner lot, or within rear yards of a double frontage lot abutting a
public right of way is proposed to provide greater clarity as to the provisions applicable
or not applicable to lots with required buffer yards that abut major collector or arterial
streets.
Senior Housing. The City Council approved an amendment to the Zoning Ordinance
making provision for senior housing with services within the various commercial
districts. Sterling Codifiers identified a discrepancy regarding the allowance of senior
housing with services as a conditional use in the O -R District as well as an existing
provision that is now repetitive. Both of these issues are corrected in the draft Zoning
Ordinance amendment.
Data Centers. Data centers have emerged as a distinct land use within office and
industrial development which can be defined as a principal building including a large
group of networked computer servers typically used by organizations for the remote
storage, processing, or distribution of large amounts of data. Because of their
construction and the facilities involved, data centers are high value properties that
generate a high amount of property taxes. However, they also typically have minimal
impact on City services and infrastructure because of low staff requirements or
municipal utility needs. Development of data centers is driven largely by user defined
criteria that will be used to determine appropriate locations. For larger data centers,
access and visibility are not required or even desired site characteristics. City staff
recommends amending the Zoning Ordinance to allow data centers within the C-2, C-3,
O -P, 1-1 and 1-2 Districts as a permitted use.
2
Fitness Centers. The Zoning Ordinance was amended on 4 March 2002 to make
allowance for fitness centers and health clubs as conditional uses in the C-2 and C-3
Districts. At the same time, fitness centers and health clubs with floor area less than
2,000 square feet was also made a conditional use in the C-1 District. The conditions
specific to these uses for allowing them in the commercial zoning districts included
conformance with off-street parking and loading requirements, an area requirement per
exercise machine intended to control intensity, and limits on the hours of operation.
The primary reason at the time for making allowance for fitness centers and health
clubs as conditional uses was potential compatibility issues with adjacent commercial or
residential properties given the potential traffic generation of these uses especially if
located within a multiple tenant building. Since adoption of the amendment in 2002,
there have been no documented issues related to location of fitness centers or health
club facilities within C-2 or C-3 District uses.
So as to allow commercial properties the greatest flexibility and ease in securing
potential tenants and absent apparent compatibility or functional issues, City staff
recommends amending the Zoning Ordinance to make fitness centers and health clubs
a permitted use within the C-2 and C-3 Districts. Note that compliance with off-street
parking requirements is required for any change of occupancy by tenants of a
commercial property by Section 11-19-7.0 of the Zoning Ordinance addressing the
initial concerns the City had for this specific use. Given the more neighborhood
orientation of the C-1 and C -CBD districts and locations typically more adjacent to
residential uses, we further recommend maintaining fitness centers and health clubs as
a conditional use within these two districts also to be limited to an area less than 2,000
square feet.
Shoreland Overlay District. City staff is proposing two changes to provisions within
the requirements of the Shoreland Overlay District. The first returns a minimum
setback from public rights-of-way to the table listing setback requirements applicable
within the Shoreland Overlay District. This had been deleted previously as redundant of
the base zoning district requirements but City staff has found that its inclusion in the
table is helpful from an ease of reference standpoint. The second amendment is
clarification of the requirement that fences within the principal building setback from the
ordinary high water level must be 75 percent open and increasing the allowed height
from 42 inches to 48 inches consistent with the standard specifications for chain link
fences (and as allowed in required yards abutting public rights-of-way).
CONCLUSION
A public hearing has been noticed for 6 February 2014 to consider the draft Zoning
Ordinance amendment. City staff recommends approval of the draft amendment to the
Zoning Ordinance as presented.
C. Frank Dempsey
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. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definition:
BOARDING HOUSE: A building other than a hotel where, for compensation and
by prearrangement for definite periods, Fneals lodging and/gr meals are
provided to efe persons, not of the principal family therein, pursuant
to previous arrangements and not to anyone who may apply, bUt RGt 1AGluding-a
building providing the . - - feF FneFe than ten (IQ) peFsens.
Section 2. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definition:
HOTEL: Any bUiIdiF1@ OF P9488A theFeef GGGGUpied as the meFe OF 1966A principal
commercial use oroviding temporary lodging of transient persons and guest
related services for compensation, whether the compensation be paid directly or
indirectly.
Section 3. Section 11-21-51.4 of the Lakeville City Code
(Fencing/Screening/Landscaping) is hereby amended to read as follows:
4. SetbaGks F Yards Abutting Public Rights Of Way: Fences located
within front yards, within side yards of a comer lot or within rear yards of a
double frontage lot abutting a public right of way:
a. Within ffent yaFds,
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.
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 the fence 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.
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C. A fence 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 frontaae lot abutting a public right of way of a major collector
or arterial street shall be set back ten feet (10') from the property
line abutting a public right of way on lots of record and preliminary
platted lots having legal standing established after January 1. 1994.
except where additional setback is required by subsection E of this
section.
d. For interior lots, a aate constructed of the same material as the
fence shall be provided in the fence to allow for maintenance of the
street side boulevard.
Section 4. Section 11-46-7 of the Lakeville City Code (AP District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 5. Section 11-46-13 of the Lakeville City Code (AP District —
Administrative Permits) is hereby amended to add the following provision:
E. Boardina or renting of rooms to not more than two (2) individuals per
dwellina unit as an accessory use provided that:
1. The minimum term for the renting of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
Property in addition to the parkina stalls required by Chapter 19 of
this Title.
Section 6. Section 11-47-5 of the Lakeville City Code (RA District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 7. Section 11-47-11 of the Lakeville City Code (RA District
Administrative Permits) is hereby amended to add the following provision:
E. Boarding or renting of rooms to not more than two (2) individuals per
dwellina unit as an accessory use provided that:
1. The minimum term for the renting of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
agreement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 8. Section 11-50-5 of the Lakeville City Code (RS -1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 9. Section 11-50-11 of the Lakeville City Code (RS -1 District
Administrative Permits) is hereby amended to add the following provision:
G. Boardina or rentina of rooms to not more than two (2) individuals per
dwelling unit as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
areement within.a thirty (30) day period.
2. There shall be one—L1 hoff-street parkina stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 10. Section 11-51-5 of the Lakeville City Code (RS -2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 11. Section 11-51-11 of the Lakeville City Code (RS -2 District
Administrative Permits) is hereby amended to add the following provision:
G. Boardina or renting of rooms to not more than two (2) individuals per
dwelling unit as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 12. Section 11-52-5 of the Lakeville City Code (RS -3 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 13. Section 11-52-11 of the Lakeville City Code (RS -3 District
Administrative Permits) is hereby amended to add the following provision:
4
G. Boarding or renting of rooms to not more than two (2) individuals_ pe_ r
dwellina unit as an accessory use provided that:
1. The minimum
term for the
renting
of rooms shall be thirty (30) days
and the property
owner shall
not
enter into more than one (1) rental
aareement within
a thirty (30)
day
period.
2. There shall be one (1) off-street_ parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 14. Section 11-53-5 of the Lakeville City Code (RS -4 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 15. Section 11-53-11 of the Lakeville City Code (RS -4 District
Administrative Permits) is hereby amended to add the following provision:
G. Boarding or renting of rooms to not more than two (2) individuals per
dwellina unit as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 16. Section 11-54-5 of the Lakeville City Code (RS -CBD District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 17. Section 11-54-11 of the Lakeville City Code (RS -CBD
District Administrative Permits) is hereby amended to add the following provision:
F. Boardina or rentina of rooms to not more than two (2) individuals per
dwellina unit as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 18. Section 11-55-5.13 of the Lakeville City Code (RSMH District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 19. Section 11-55-11 of the Lakeville City Code (RSMH District
Administrative Permits) is hereby amended to add the following provision:
F. Boardina or renting of rooms to not more than two (2) individuals within a
Ingle family dwelling as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 20. Section 11-56-5 of the Lakeville City Code (RST -1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 21. Section 11-56-11 of the Lakeville City Code (RST -1 District
Administrative Permits) is hereby amended to add the following provision:
G. Boardina or rentina of rooms to not more than two (2) individuals within -a
sinale family detached dwellina as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 22. Section 11-57-5 of the Lakeville City Code (RST -2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 23. Section 11-57-11 of the Lakeville City Code (RST -2 District
Administrative Permits) is hereby amended to add the following provision:
G. Boarding or renting of rooms to not more than two (2) individuals within a
single family detached dwellina as an accessory use provided that:
1 The minimum term for the rentina of rooms shall be thirty (30) days
-
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 24. Section 11-58-5 of the Lakeville City Code (RM -1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 25. Section 11-58-13 of the Lakeville City Code (RM -1 District
Administrative Permits) is hereby amended to add the following provision:
G. Boardina or rentina of rooms to not more than two (2) individuals within a
single family detached dwelling as an accessory use provided that:
1. The minimum term for the renting of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 26. Section 11-59-5 of the Lakeville City Code (RM -2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 27. Section 11-59-13 of the Lakeville City Code (RM -2 District
Administrative Permits) is hereby amended to add the following provision:
G. Boardina or rentina of rooms to not more than two (2) individuals within a
single family detached dwelling as an accessory use provided that:
1. The minimum term for the renting of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
greement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 28. Section 11-61-5 of the Lakeville City Code (RH-1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 29. Section 11-61-11 of the Lakeville City Code (RH-1 District
Administrative Permits) is hereby amended to add the following provision:
F. Boardina or renting of rooms to not more than two (2) individuals within a
single family detached dwelling as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 30. Section 11-62-5 of the Lakeville City Code (RH-2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 31. Section 11-62-11 (RH-2 District Administrative Permits) of
the Lakeville City Code is hereby amended to add the following provision:
F. Boardina or renting of rooms to not more than two (2) individuals within a
finale family detached dwelling as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than one (1) rental
aareement within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided on the
property in addition to the parking stalls required by Chapter 19 of
this Title.
Section 32. Section 11-70-7.L of the Lakeville City Code (O -R District
Conditional Uses) is hereby amended to read as follows:
L. Nursing Homes} And Residential Care Facilities, Continuing Care
Retirement Communities and Senior Housing with Services
Establishments: Nursing homes, aad-residential care facilities, continuina
care retirement communities and senior housing with services
establishments licensed by the Minnesota Department of Health provided
that:
Side and rear yards aFe double the Fnini
established flbir this distAGt and are shall be screened in compliance
with section 11-21-9 of this title.
2. Only the rear yard shall be used
shall be fenced and controlled
section 11-21-9 of this title.
for recreational areas. Said area
and screened in compliance with
3. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated by the use.
4. The use of exterior buildina materials shall be as required for
buildinas in the RHA District.
45. All state taws—and statutes and rules governing such uses are
strictly adhered to and all required operating permits are secured.
Section 33. Section 11-70-7.0 of the Lakeville City Code (O -R District
Conditional Uses) repealed and reserved for future use:
Section 34. Section 11-72-3 of the Lakeville City Code (C-2 District
Permitted Uses) is hereby amended to include the following provisions:
Q. Data centers.
R. Fitness centers and health clubs.
Section 35. Section 11-72-7 of the Lakeville City Code (C-2 District
Conditional Uses) is hereby repealed and reserved for future use:
J. PtReGG GeRteFs and health Glubs provided that.
10
919VeR G'GIOGk (11;00) P.M. unless etheiwise allowed by the i it
CAY
seeAsil: Reserved.
Section 36. Section 11-73-3 of the Lakeville City Code (C-3 District
Permitted Uses) is hereby amended to include the following provision:
P. Data centers.
Q. Fitness centers and health clubs.
Section 37. Section 11-73-7 of the Lakeville City Code (C-3 District
Conditional Uses) is hereby repealed and reserved for future use:
J.
Section 38. Section 11-75-3 of the Lakeville City Code (O -P District
Permitted Uses) is hereby amended to include the following provision:
L. Data centers.
Section 39. Section 11-86-3 of the Lakeville City Code (1-1 District
Permitted Uses) is hereby amended to include the following provision:
R. Data Centers.
11
Section 40. Section 11-87-3 of the Lakeville City Code (1-2 District
Permitted Uses) is hereby amended to include the following provision:
S. Data centers.
Section 41. Section 11-102-13.D of the Lakeville City Code (Shoreland
Overlay District — Minimum Lot and Setback Requirements) is hereby amended
to read as follows:
D. Setbacks:
NE RD
T
Ordinary high water *level:
r—
Sewered 150 feet 75 feet
50 feet
r7l
Unsewered 150 feet 100 feet
100 feet
Top of bluff
30 feet 30 feet
30 feet
Unplatted cemetery
50 feet 50 feet
50 feet
Public Riaht-of-Way
30 feet or the minimum front yard
setback of the base zonina district.
whichever is less.
Side yard:
Setback for property abutting a lake
20 feet
20 feet
20 feet
12
Shoreland Bluff
Aremp Slope 30%
or Greater Top of
MNA"
1
1
IM.Y4. t
20'
810�
fi"n t Zone 1
1'
HighWWw
t.evel lE?HmToe of 1
tiloff 1
1
I
— — — Minimum SO' — — — — —
Bluff Height
2.7 or more
Section 42. Section 11-102-17.1 of the Lakeville City Code (Shoreland
Overlay District — Development Regulations) is hereby amended to read as
follows:
Fences:
1. Within the required building setback from the ordinary high water
Igv_ I fences shall not exceed fortyic�ht inches (42$") in
height and shall be at least seventy five percent (75%) open space
for passage of air and light 'inside the eFd-RaFy high wat8F le
setback.
2. Fences shall not be located within ten feet (10') from of the ordinary
high water level.
Section 43. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this day of , 2013, by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
13
ATTEST:
BY:
Matt Little, Mayor
Charlene Friedges, City Clerk
14