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HomeMy WebLinkAboutItem 08Lakeville February 12, 2014 Item No. ZONING ORDINANCE AMENDMENT FEBRUARY 18, 2014 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 11 of the City Code (the Zoning Ordinance) and a summary ordinance for publication. Passage of this motion will address compatibility issues related to the allowance of residential boarders, allow data centers in certain commercial and industrial districts, allow fitness centers and health clubs as a permitted use instead of a conditional use in the C -2 and C -3 districts, and provide clarification on regulations for residential fences, senior housing and the shoreland overlay district. Overview The Planning Commission and Planning Department staff recommends approval of the attached ordinance amending the Zoning Ordinance as described above. The Planning Commission held a public hearing on the proposed Zoning Ordinance amendment at their February 6, 2014 meeting and unanimously recommended approval. There was no public comment. Primary Issues to Consider • What prompted this Zoning Ordinance amendment? Suuuorting Information • Staff analysis of primary issues • Ordinance amending Title 11 of the City Code and summary ordinance for publication • February 6, 2014 draft Planning Commission meeting minutes • _ Jangpry 1.7, 4014 TPC memorandum, including a redlined version of the amendment Daryl Mclkey, Plann Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Zoning Ordinance Amendment February 18, 2014 City Council Meeting Page 2 Staff Analysis of Primary Issues • What prompted this Zoning Ordinance amendment? The amendment concerning residential boarders addresses a trend toward short term lodging in single family homes in residential neighborhoods. This trend largely utilizes internet websites such as "Craigslist" and "airbnb" to advertise the rental of rooms in single family homes for a weekend or for a few days and presents compatibility issues for adjacent single family homes. The amendment strengthens the intent of the Zoning Ordinance to allow longer term boarding (at least 30 days) within single family homes to lessen the commercial nature of the short term rental, which is more appropriate for hotels in commercial zoning districts. Staff has been approached by Dakota Electric Association staff about the allowance of data centers, which are large electricity users, within the City of Lakeville. While staff has not yet been approached by a specific data center use, in an effort to be proactive the amendment adds data centers as a permitted use within the C -2, C -3, O- P,1 -1, and 1 -2 districts. As another proactive measure, the amendment moves fitness centers and health clubs from conditional uses to permitted uses in the C -2 and C -3 districts. This will allow a more expedited City review process for these uses to locate within the city. There have been no issues or concerns with existing fitness centers and health clubs regarding their hours of operation or parking demand. The amendments to residential fencing, senior housing and the shoreland overlay district are primarily for clarification purposes. 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, lodging and /or meals are provided to persons not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply. Section 2. Section 11 -2 -3 of the Lakeville City Code (Definitions) is hereby amended to revise the following definition: HOTEL: A principal commercial use providing temporary lodging of transient persons and guest related services for compensation, whether the compensation be paid directly or indirectly. Section 3. Section 11- 21 -5.F.4 of the Lakeville City Code (Fencing /Screening /Landscaping) is hereby amended to read as follows: 4. Yards Abutting Public Rights Of Way: 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: a. 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 comer 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. 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 frontage 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 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 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. Boarding 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 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 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: 2 C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. 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 dwelling 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. Boarding 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 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 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: 3 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. Boarding 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 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 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: G. Boarding 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 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 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: 4 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 dwelling 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 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. Boarding 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 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 18. Section 11- 55 -5.B 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. Boarding or renting of rooms to not more than two (2) individuals within a single family 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 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 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. Boarding 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 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 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 dwelling as an accessory use provided that: 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 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. Boarding or renting of rooms to not more than two (2) individuals within a single family detached dwelling as an accessory use provided that: 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 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. Boarding or renting of rooms to not more than two (2) individuals within a single family detached dwelling as an accessory use provided that: 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 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. Boarding or renting of rooms to not more than two (2) individuals within a single family detached dwelling as an accessory use provided that: 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 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. Boarding 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 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 32. Section 11- 70 -71 of the Lakeville City Code (O -R District Conditional Uses) is hereby amended to read as follows: L. Nursing Homes, Residential Care Facilities, Continuing Care Retirement Communities and Senior Housing with Services Establishments: Nursing homes, residential care facilities, continuing care retirement communities and senior housing with services establishments licensed by the Minnesota Department of Health provided that: 1. Side and rear yards shall be screened in compliance with section 11 -21 -9 of this title. 2. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11 -21 -9 of this title. 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 building materials shall be as required for buildings in the RH -1 District. 5. All state statutes and rules governing such uses are strictly adhered to and all required operating permits are secured. 9 Section 33. Section 11- 70 -7.0 of the Lakeville City Code (0 -R District Conditional Uses) repealed and subsequent sections renumbered accordingly: o. GOMMUR 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 subsequent sections renumbered accordingly: J. Section 36. Section 11 -73 -3 of the Lakeville City Code (C -3 District Permitted Uses) is hereby amended to include the following provisions: P. Data centers. Q. Fitness centers and health clubs. 10 .. Section 36. Section 11 -73 -3 of the Lakeville City Code (C -3 District Permitted Uses) is hereby amended to include the following provisions: P. Data centers. Q. Fitness centers and health clubs. 10 Section 37. Section 11 -73 -7 of the Lakeville City Code (C -3 District Conditional Uses) is hereby repealed and subsequent sections renumbered accordingly: 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. 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: 11 .. - Ni 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. 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: 11 D. Setbacks: NE RD T Ordinary high water level: Sewered 150 feet 75 feet 50 feet 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 Right -of -Way 30 feet or the minimum front yard setback of the base zoning district, whichever is less. Side yard: r- Setback for property abutting a lake 20 feet 20 feet 20 feet Shoreland Bluff Aver►$@ Slope 36% or Greater Top of us&" 1 Xy WrYgq aTUNIMIR 1 20' Bluff I vwwt Zone 1 I' t]c l High Water Level (t?HVN.} Tae of Bluff I I I — — — Minimum So' Bluff WSht 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: 12 I. Fences: 1. Within the required building setback from the ordinary high water level, fences shall not exceed forty eight inches (48 ") in height and shall be at least seventy five percent (75 %) open space for passage of air and light. 2. Fences shall not be located within ten feet (10') of the ordinary high water level. Section 43. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 18 day of February 2014, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: ATTEST: Matt Little, Mayor Charlene Friedges, City Clerk 13 SUMMARY ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE This ordinance amends Title 11 of the Lakeville City Code. Amendments have been made to the following sections of Title 11 (the Zoning Ordinance) concerning residential boarding, residential fences, senior housing, data centers, fitness centers, and the shoreland overlay district: Title 11 ( Zonim Ordinance) Chapter 2 -3 (Definitions) Chapter 21 -5.F (Fences) Chapter 46 -7 (AP District Permitted Accessory Uses) Chapter 46 -13 (AP District Uses By Administrative Permit) Chapter 47 -5 (RA District Permitted Accessory Uses) Chapter 47 -11 (RA District Uses By Administrative Permit) Chapter 50 -5 (RS -1 District Permitted Accessory Uses) Chapter 50 -11 (RS -1 District Uses By Administrative Permit) Chapter 51 -5 (RS -2 District Permitted Accessory Uses) Chapter 5 1 -11 (RS -2 District Uses By Administrative Permit) Chapter 52 -5 (RS -3 District Permitted Accessory Uses) Chapter 52 -11 (RS -3 District Uses By Administrative Permit) Chapter 53 -5 (RS -4 District Permitted Accessory Uses) Chapter 53 -11 (RS -4 District Uses By Administrative Permit) Chapter 54 -5 (RS -CBD District Permitted Accessory Uses) Chapter 54 -11 (RS -CBD District Uses By Administrative Permit) Chapter 55 -53 (RSMH District Permitted Accessory Uses) Chapter 55 -11 (RSMH District Uses By Administrative Permit) Chapter 56 -5 (RST -1 District Permitted Accessory Uses) Chapter 56 -11 (RST -1 District Uses By Administrative Permit) Chapter 57 -5 (RST -2 District Permitted Accessory Uses) Chapter 57 -11 (RST -2 District Uses By Administrative Permit) Chapter 58 -5 (RM -1 District Permitted Accessory Uses) Chapter 58 -13 (RM -1 District Uses By Administrative Permit) Chapter 59 -5 (RM -2 District Permitted Accessory Uses) Chapter 59 -13 (RM -2 District Uses By Administrative Permit) Chapter 61 -5 (RH -1 District Permitted Accessory Uses) Chapter 61 -11 (RH -1 District Uses By Administrative Permit) Chapter 62 -5 (RH -2 District Permitted Accessory Uses) Chapter 62 -11 (RH -2 District Uses By Administrative Permit) Chapter 70 -7 (O -R District Conditional Uses) Chapter 72 -3 (C -2 District Permitted Uses) Chapter 72 -7 (C -2 District Conditional Uses) Chapter 73 -3 (C -3 District Permitted Uses) Chapter 73 -7 (C -3 District Conditional Uses) Chapter 75 -3 (O -P District Permitted Uses) Chapter 86 -3 (I -1 District Permitted Uses) Chapter 87 -3 (1 -2 District Permitted Uses) Chapter 102 -13 and 17 (Shoreland Overlay District) 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 18'' day of February, 2014. CITY OF LAKEVILLE mm Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Planning Commission Meeting Minutes, February 6, 2014 Page 4 utlot A shall be deeded to the City with the Chokecherry Hill 2nd Addition final p 4. Five foo a concrete sidewalks must be constructed by the developer on the south side of Avenue and on the west side of Iden Avenue. 5. The developer mus h grade for the future construction of a ten foot wide bituminous greenway co trail within Outlot A. The developer will be responsible for 5 /8ths of the gre corridor trail construction costs. 6. A $1,000 cash escrow must be submi ith the building permit applications for Lot 1, Block 1 and Lot 1, Block 3 to guarant tallation of buffer side yard sod. This escrow will be in addition to the two trees ront yard sod escrow required at the time of building permit. Ayes: Maguire, Lillehei, Blee, Grenz, Drotning, Nays: 0 , 6. City of Lakeville Chair Lillehei opened the public hea 1 to con ' amendme #o several chapters of Title 11 (Zoning Ordinance) he ville City Code concerning residential boarding, residential fences, senio g, data centers, fitness centers, and the shoreland overlay distr' ing residenti4- • vise the defi o h activity • Ch a perrr standa 0 0 0 ity staff proposes the following amendments: of boarding room and hotel to clarify the characteristics nce of boarding rooms within a single family dwelling from ory use to an administrative permit to include performance the Limit occupancy to two persons as boarders. Establish a minimum 30 day rental period and limit the number of rental agreements that can be entered into to one every 30 days. Require provision of one off - street parking stall in addition to the two required for the single family dwelling. A revision to the regulations for fences 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. Planning Commission Meeting Minutes, February 6, 2014 Page 5 A discrepancy and repetitive wording regarding senior housing was identified by Sterling Codifiers with a previous Zoning Ordinance amendment which will be corrected in the draft Zoning Ordinance amendment. Allow data centers within the C -2, C -3, O -P, 1 -1, and 1 -2 Districts as a permitted use. Make fitness centers and health clubs a permitted use within the C -2 and C -3 Districts. Staff recommends maintaining fitness centers and health clubs as a conditional use within the C -1 and C -CBD districts as are typically located closer to residential neighborhoods. Two changes to provisions within the Shoreland trict. The first change returns the minimum setback from public right o ay to able listing setback requirements applicable within the Shoreland Clay District. . is being done to make the setback requirements within the and Overlay Di easier to follow for the general public reviewing the City from the City's web The second change increases the fence height allo from 4 48 inches co tent with a previous Zoning Ordinance amendment ain' o fences in overlay district areas of the city. , Mr. Licht stated that staff recd Zoning Ordinance as presented. Chair Lillehei There were to draft amendment to the by Drotning to close the public Drotning; , Maguire nts from the Planning Commission. Discussion Frenson confirmed with City staff that the large heating /air fits needed for data centers will be required to meet the rements of the Zoning Ordinance. Motion was made by Maguire, seconded by Blee to recommend to City Council approval of the Zoning Ordinance amendment as presented. Ayes: Blee, Grenz, Drotning, Swenson Maguire, Lillehei Nays: 0 Chair Lillehei commented that the City Council approved the Kyla Crossing preliminary plat at their January 21, 2014 meeting and a variance was no longer Motion was m ` ._ by j 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 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, RHA 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, meals F lodging ands meals are provided to thFee(3) -eF more persons not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not OnGluding a building pmyiding th - - - - - . - - 6 fGF more than teF; (10) peFseF;s. Section 2. Section 11 -2 -3 of the Lakeville City Code (Definitions) is hereby amended to revise the following definition: HOTEL: Any building OF POFtOOR theFeef eGGupied as the MGM eF less A principal commercial use providing temporary lodging of transient persons and guest related services for compensation, whether the compensation be paid directly or indirectly. Section 3. Section 11-21-5.F.4 of the Lakeville City Code (Fencing /Screening /Landscaping) is hereby amended to read as follows: 4. SetbaGks- F- Yards Abuttino 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 abuttina a oublic right of way. a. Within freRt yaFds, T he 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 comer 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 vard and shall be no closer to the front lot line than a point intersecting the front line of the principal building the feRGe shall be pFevided in the f8FIGe to allow f9F Fna*RtenaRr__R_ -of the st-r-eet s boulevard. C. A fence constructed within a required side vard of a c orner 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 propert y 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 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 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: 2 _ 0 v�frr..�. the feRGe shall be pFevided in the f8FIGe to allow f9F Fna*RtenaRr__R_ -of the st-r-eet s boulevard. C. A fence constructed within a required side vard of a c orner 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 propert y 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 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 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: 2 E. 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 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. 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 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 parkin_ a 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 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 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 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 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. 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 renting of rooms shall be thirty (301 days and the property owner shall not enter into more than one 11) 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. 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 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. 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 areement 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 rentina of rooms to not more than two (2) individuals within a single 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 (l)-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. Boarding 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 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. 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 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 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 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. Boarding or renting of rooms to not more than two (2) individuals within-,a Ingle 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 areement 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 his 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 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 a reement 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 his 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 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 32. Section 11- 70 -7.1- 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 Housina with Services Establishments Nursing homes, and-residential care facilities, continuing care retirement communities and senior housina with services establishments licensed by the Minnesota Department of Health provided that: 9 1. Side and rear yards shall be screened in compliance with section 11 -21 -9 of this title. 2. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11 -21 -9 of this title. 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. 4 All state laws 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: O. Reserved 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. Fitness GeRter-s and health G l UbS PrOvided that. 10 c�.T.l7.�;� .. Reserv lurly 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. .r_.: Of M P .1 ON 1 W MM rx .. , .. ,� 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. II 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 FnaFlevel Sewered 150 feet 75 feet 50 feet Unsewered 150 feet 100 feet 100 feet Top of bluff F 30 feet 30 feet 30 feet Unplatted cemetery 50 feet 50 feet 50 feet Public Riaht- of -W av 30 feet or the minimum front vard setback of the base zonina district . whichever is less. Side yard: r- Setback for property abutting a lake F20 feet 20 feet 20 feet 12 Shoreland Bluff Average Slope 30% or Greater Trot of 1 � 1 � w Bit Sed)xk 20` --� �a Uff` I lavact Zone 1' Ordhwy I High MW level {OHVW Toe of I Bluff I I I — — — Minimum SO' i Bluff Height 25' 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 level. fences shall not exceed forty twe eiaht inches (428 ") in height and shall be at least seventy five percent (75 %) open space for passage of air and light i nside setback. 2. Fences shall not be located within ten feet (10') #rem 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 BY: Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk 14