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HomeMy WebLinkAboutItem 11April 2, 2014 ZONING ORDINANCE AMENDMENT APRIL 7, 2014 CITY COUNCIL MEETING Item No. 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 clarify regulations concerning residential boarding. Overview The Planning Commission held a public hearing on amendments to the Zoning Ordinance, including residential boarding, on February 6th and unanimously recommended approval. At their February 18th meeting, the City Council pulled the residential boarding section out of the Zoning Ordinance amendment and discussed the topic at their February 241h work session. The City Council expressed concerns regarding the definition of boarding house, and the unintended applicability and enforcement of the proposed regulations. The City Council directed staff to revise the amendment and bring it back to the Planning Commission for additional comment. The Planning Commission reviewed the revised amendment at their March 20' work session and expressed unanimously support. Staff recommends approval of the revised Zoning Ordinance amendment concerning residential boarding. Primary Issues to Consider What changes have been made to the proposed Zoning Ordinance amendment concerning residential boarding since the February 24th City Council work session? Supporting Information • Staff analysis of primary issues • Ordinance amending Title 11 of the City Code and summary ordinance for publication • February 24, 2014 City Council work session minutes • March 20, 2014 draft Planning Commission work session minutes •(\Markh 14,2014 TPC memorandum, including a redlined version of the revised amendment ryl Mjrey, Plalning Director Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Zoning Ordinance Amendment April 7, 2014 City Council Meeting Page 2 Staff Analysis of Primary Issues What changes have been made to the proposed Zoning Ordinance amendment concerning residential boarding since the February 24' City Council work session? • The definitions of Boarding Room and Boarding Home, Foster Children have been deleted to further clarify the regulations and avoid unintended applicability. • The definition of Family has been modified to include unrelated persons that may be typical long term residents, such as exchange students. • A definition for Bed and Breakfast Establishment has been added. • Added boarding houses as an allowed conditional use in the RA, RAO, and RS -CBD zoning districts regulated the same as bed and breakfast establishments under Section 11-33-3 of the Zoning Ordinance. • Changed the wording from "boarding or renting of rooms to not more than two individuals" to "renting of rooms within an owner occupied dwelling unit to not more than two individuals who are each unrelated to the principal famiIX". • Increased the allowance from one to two (one per allowed renter) rental agreements within a 30 day period. • Increased the off-street parking requirement from one to one per rental occupant in addition to the two off-street parking stalls required for the single family dwelling. Staff feels that the amended ordinance addresses the concerns raised by the City Council at the February 2411 work session while still meeting the underlying intent of the proposed regulations to address compatibility issues associated with the more commercial nature of the short term rental of single family homes on the adjoining neighborhood. 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 definitions: 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. FAMILY: An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of: A. Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship, foster children, and/or cultural or educational exchange program participants hosted by the principal family; or B. Not more than four (4) unrelated persons. 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 2. Section 11-2-3 of the Lakeville City Code (Definitions) is hereby amended to add the following definition: BED AND BREAKFAST ESTABLISHMENT: A building, typically residential in character, where for compensation lodging is provided to transient guests, and where meal and/or beverages may be offered in connection with the provision of sleeping accommodations. Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is hereby amended to delete the following definitions: BOARDING (HOUSE) HOME, FOSTER CHILDREN: A family dwelling where children out of their own homes are cared for. BOARDING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one boarding room. Section 4. Section 11-33-3 of the Lakeville City Code (Specialized Housing Bed and Breakfast Establishments) is hereby amended to read as follows: 11-33-3: BED AND BREAKFAST ESTABLISHMENTS AND BOARDING HOUSES: A. District Application: Bed and breakfast establishments and boarding houses are allowed within the RA, RAO, and RS -CBD zoning districts subject to the approval of a conditional use permit. B. Conditions Of Approval: In addition to general standards and criteria provided in Chapter 4 of this Title, a bed and breakfast establishment may be allowed provided that: 1. A maximum of four (4) registered guest and transient resident sleeping rooms may be established in a structure. 2. The facility shall have a state license (hotel and food), and comply with building and fire codes as may be required or applicable. 3. The facility shall be owner or manager occupied. 4. The principal structure shall have a minimum size of one thousand five hundred (1,500) gross square feet and shall be located on a lot which meets the minimum lot size of the district in which it is located. 5. All registered guest and transient resident sleeping rooms units shall be established within the principal structure. 6. Not more than the equivalent of one (1) full time person shall be employed in the operation of the facility who is not a resident of the structure. OA 7. Dining and other facilities shall not be open to the general public but shall be used exclusively by the registered guests and transient residents. 8. Two (2) off street parking spaces shall be provided for the home plus one off street parking space for each registered guest and transient resident sleeping rooms. Parking areas shall be screened and landscaped pursuant to subsection 11-19-7.1 of this Title. 9. Not more than one (1) identification sign not exceeding four (4) square feet in area may be attached to each wall which faces a street. The sign shall be reflective of the architectural features of the structure and may not be internally illuminated or lighted between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. 10. Adequate lighting shall be provided between the principal structure and the parking area for safety purposes. Any additional external lighting is prohibited. Section 5. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 6. Section 11-46-13 of the Lakeville City Code (AP District — Administrative Permits) is hereby amended to add the following provision: E. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. 3 Section 7. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 8. Section 11-47-11 of the Lakeville City Code (RA District Administrative Permits) is hereby amended to add the following provision: E. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 9. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 10. Section 11-50-11 of the Lakeville City Code (RS -1 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. 4 Section 11. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 12. Section 11-51-11 of the Lakeville City Code (RS -2 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 13. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 14. Section 11-52-11 of the Lakeville City Code (RS -3 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 15. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 16. Section 11-53-11 of the Lakeville City Code (RS -4 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 17. 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: C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 18. Section 11-54-11 of the Lakeville City Code (RS -CBD District Administrative Permits) is hereby amended to add the following provision: F. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family as an accessory use provided that: 6 1. The minimum term for the renting of rooms shall be thirty (30) days and the property owner shall not enter into more than two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 19. 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: 3. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit. Section 20. Section 11-55-11 of the Lakeville City Code (RSMH District Administrative Permits) is hereby amended to add the following provision: F. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 21. 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: C. Boarding or renting of rooms to not more than two (2) individuals per single family detached dwelling. Section 22. Section 11-56-11 of the Lakeville City Code (RST -1 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 23. 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: C. Boarding or renting of rooms to not more than two (2) individuals per single family detached dwelling. Section 24. Section 11-57-11 of the Lakeville City Code (RST -2 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 25. 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: C. Boarding or renting of rooms to not more than two (2) individuals per single family detached dwelling. 8 Section 26. Section 11-58-13 of the Lakeville City Code (RM -1 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 27. 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: C. Boarding or renting of rooms to not more than two (2) individuals per single family detached dwelling. Section 28. Section 11-59-13 of the Lakeville City Code (RM -2 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 29. 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: C. Boarding or renting of rooms to not more than two (2) individuals per single family detached dwelling. 9 Section 30. Section 11-61-11 of the Lakeville City Code (RH-1 District Administrative Permits) is hereby amended to add the following provision: F. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 31. 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: C. Boarding or renting of rooms to not more than two (2) individuals per single family detached dwelling. Section 32. Section 11-62-11 (RH-2 District Administrative Permits) of the Lakeville City Code is hereby amended to add the following provision: F. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 33. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2014, by the City Council of the City of Lakeville, Minnesota. 10 ATTEST: CITY OF LAKEVILLE BY: Matt Little, Mayor Charlene Friedges, City Clerk 11 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: Title 11 (Zoning Ordinance) Chapter 2-3 (Definitions) Chapter 33-3 (Bed and Breakfast Establishments) 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 55-5.13 (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-I District Uses By Administrative Permit) Chapter 62-5 (RH-2 District Permitted Accessory Uses) Chapter 62-11 (RH-2 District Uses By Administrative Permit) 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 7th day of April, 2014. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Council Work Session Minutes February 24, 2014 Page -4- eil discussed the 2016 Street Reconstruction Project which includes streets off of CSAH 50 in the Lake Marion area. This is an older platted area with very narrow streets, some of which a of located within the right-of-way. Additional design considerations will be needed as well as dis ons with residents regarding street width, curb type, etc. Watermain improvements pro ed as part of the project will be funded by water operating funds. The project provides an opp nity for storm water improvements which would improve water quality of Lake Marion. Mie asked if this means it is optional. Heil stated that discussions are being held with the watershed dis ' regarding future changes to their policy regarding this issue. Currently there are no obligatio or the City to install stormwater improvements, but there could be future requirements. Council Member Anderson agreed there will be a ns f challenges in this area and asks that long-term impact on any existing structure would be mini d. Petree stated that this is a unique project area and looks forward to input from the residen d working through the challenges. Meetings with the 2015 property owners will be held in a summer of 2014; meetings for the 2016 property owners will be held in later summer of 20 Council directed to staff to begin preliminary survey work in advance of neighborholb and evaluation of both project areas to determine utility replacement needs, easement right of way issues, etc. so information will be available for neighborhood meetings. 5. Residential Boarders Ordinance Daryl Morey stated that a request for an ordinance change was the result of some complaints that had been received from residents regarding rooms being rented on a daily basis and the number of guests who can stay at a home. It was found that there are rooms in single family homes being advertised for daily rental on certain websites, specifically airbnb.com and craigslist.com. Staff believes there are some compatibility issues with the practice of renting rooms on a short-term basis in residential neighborhoods. And there are conflicts within the zoning ordinance, including definition of hotels and compatibility with single-family homes in the neighborhoods. This was originally brought to the Council as part of a larger zoning ordinance amendment to make some minor housekeeping changes. Morey explained that a permitted accessory use allows an activity outright, provided the use is in compliance with the ordinance. An administrative permit requires an application and staff review and approval. Mayor Little stated that one of his main concerns is using Police resources for enforcement. Swecker supports adding this to the zoning ordinance along with language to define "boarding". Council Member Davis asked if this same ordinance would regulate a B&B. Morey stated that bed and breakfasts are allowed by CUP in agricultural areas. Council Work Session Minutes February 24, 2014 Page -5- Dan Licht of The Planning Company stated that the requirement for an administrative permit adds an enforcement tool for staff. Davis agrees that people should be able to do what they want with their property to a certain extent but also agrees with staffs recommendation to allow this use with an administrative permit to help regulate. Boarders would be limited to two and must rent for at least 30 days. Licht explained that the 30 day minimum provides a homeowner an opportunity for a non -family rental as a secondary income. Anderson asked if this would affect home trades and exchange programs and does not want the amendment to restrict these activities. He believes "boarding" needs to be more clearly defined in the ordinance. Licht stated that other provisions of the zoning ordinance exempt exchange programs from this amendment. Anderson asked for information about other cities' ordinances. LaBeau asked about short-term temporary housing needed for people in transit. This would only apply if the room was being turned over in less than 30 days. Morey stated that the definition of "family" might also come into the situation in rental situations; however the ordinance's intent is to not allow the commercial rental of residential homes which would impact existing neighbors. Little stated there are several scenarios that don't fit and the ordinance is too broad. He would support incidental rental of single-family homes but not as a consistent long-term commercial business. Anderson believes the current ordinance should be sufficient to not allow nightly rental of single family homes when it is already restricted to B&Bs in proper zoning with a CUP. He believes the amendment will create unintended consequences. Swecker supports the amendment and believes it resolves unintended consequence, clarifies other language in the ordinance, and provides additional protection for the homeowners and the neighbors. Davis stated that it is not the intent to eliminate foreign exchange or home trades, but to provide a stronger enforcement tool; however, he believes that further definition and clarifications could be added Mr. Mielke asked if an exchange student or a situation where the family receives compensation would be defined as a boarder. Licht believes the exception for foster care in the ordinance allows for that; however, an additional exception could be added. Council directed staff to continue to review and refine the language of the proposed ordinance and to allow the Planning Commission an opportunity to review revisions before bringing the amendment back to Council. 6. Chickens in Residential Zones Council received information from Associate Planner Frank Dempsey outlining the question of allowing residents to have chickens in an urban area, a topic which has come up for discussion CITY OF LAKEVILLE PLANNING COMMISSION WORK SESSION MINUTES March 20, 2014 Chair Lillehei called the work session to order at 6:50 p.m. Members Present: Chair Brooks Lillehei, Vice Chair Bob rschel, Karl Drotning, Gerry Grenz, Linda Maguire, Paul Reuvers, and Jason Swe Members Absent: None Staff Present: Planning Director Daryl Morey, py�iate PlanneVDempsey, and planning consultant Daniel Licht of TPC 4 Residential Boarding Daniel Licht updated the Planningission on ning Ordinance amendment concerning residential boarding. H e Planni mmission held a public hearing on amendments to the Zoni r i inclu sidential boarding, on February 6th and unanimously recom ed a o th 'ty Council. At their February 18th meeting, ouncil a re ' I boarding section out of the Zoning Ordinance a e discu a topic a heir February 24th work session. The City cil expr d con c s regarding the definition of boarding house, unintende licability a propo language and enforcement of the proposed regulation a C' H staff to revise the amendment and bring it baS66Le Pla mi ditional comment. Mr. Licht reviewed the mo ' de t draft amend nt to address the City Council's concerns. Plan ommis m • 'fled that, un he d mendment, a homeowner could rent out their h for a short p d of time (i.e. 2 or 3 days) but only once every 30 days. • Cla that the r d ordinance amendment does not prohibit situations where ouse ' nted (for any period of time) by one family while the family that own is not living there and occupying the home at the same time. The Planning Commission agreed with the revised amendment concerning residential boarding and asked about the next step. Mr. Morey responded that the revised amendment will be forwarded to the City Council, along with the Planning Commission's comments, at either their next regular meeting or work session. 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPC@PlanningCo.00m MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 14 March 2014 RE: Lakeville — Zoning Ordinance; Residential Boarders TPC FILE: 135.01 — 13.01 BACKGROUND Worksess i'on i tem k The City of Lakeville has initiated updates to the Zoning Ordinance pursuant to Section 11-3-1 of the Zoning Ordinance. These amendments included changes related to allowance of residential boarders. City staff has drafted proposed amendments related to these items and the Planning Commission conducted a public hearing on 6 February 2014 and recommended their approval. The City Council withheld approval of the changes applicable to residential boarders for the purpose of further discussion. At their work session on 24 February 2014, the City Council raised issues with enforcement and potential unintended applicability of the proposed regulations. City staff has reviewed the issued raised by the City Council and made changes to the proposed language. Exhibits: A. Draft Zoning Ordinance amendment ANALYSIS 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. City staff reviewed the City Codes for Apple Valley, Burnsville and Bloomington as to regulation of boarders within single family dwellings. The issue is unaddressed in Apple Valley, Burnsville makes exception for boarding as an allowed use under a rental housing ordinance and Bloomington's language is similar to Lakeville's current regulations. Bloomington and Burnsville do not address the duration of the boarder's occupancy, which is the potential conflict raised in Lakeville. 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. ■ Delete definitions for boarding (house) home, foster children and boarding room. ■ Modification to the definition of family to include non -related persons that may be typical long-term residents within a dwelling such as exchange students. ■ -A definition of bed and breakfast establishments is also to be added to the Zoning Ordinance. ■ Make boarding houses a use allowed and regulated the same as bed and breakfast establishments under Section 11-33-3 of the Zoning Ordinance. Bed and breakfast establishments are currently only allowed as a conditional use within the RA, RAO and RS -CBD Districts. ■ The allowance of "boarding or renting of rooms" within a single family dwelling as a permitted accessory use is to be modified as follows: o The reference will change from "boarding or renting of rooms" to "renting of rooms: to not more than two persons not related to the principal family. o The use is to 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: 1. Limit occupancy to two persons unrelated to the principal family as renters. 2 2. Establish a minimum 30 day rental period and limit the number of rental agreements that can be entered into to two (one per allowed renter) every 30 days. 3. Require provision of one off-street parking stall per renter in addition to the two required for the single family dwelling. CONCLUSION The Planning Commission will review the revised amendments to the Zoning Ordinance regulating residential boarders at a work session on 24 March 2014. 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 definitions: BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, mealsf lodging and/or meals are provided to ere persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, building pFevidiRg these seWiGeS feF FqGFB than ten (19) pemens. FAMILY: An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of: A. Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship, (including—foster children3, and/or cultural or educational exchange program participants hosted by the principal family; or B. Not more than four (4) unrelated persons. HOTEL: Any building or peFtieR theFeef eGGupied as the MGFe OF lessA principal commercial use providing temporary lodging of transient persons and guest related services for compensation, whether the compensation be paid directly or indirectly. Section 2. Section 11-2-3 of the Lakeville City Code (Definitions) is hereby amended to add the following definition: BED AND BREAKFAST ESTABLISHMENT: A building, typically residential in character, where for compensation lodging is provided to transient guests, and where meal and/or beverages may be offered in connection with the provision of sleeping accommodations. Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is hereby amended to delete the following definitions: Section 4. Section 11-33-3 of the Lakeville City Code (Specialized Housing Bed and Breakfast Establishments) is hereby amended to read as follows: 11-33-3: BED AND BREAKFAST ESTABLISHMENTS AND BOARDING HOUSES: A. District Application: Bed and breakfast establishments and boarding houses are allowed within the RA, RAO, and RS -CBD zoning districts subject to the approval of a conditional use permit. B. Conditions Of Approval: In addition to general standards and criteria provided in Chapter 4 of this Title, a bed and breakfast establishment may be allowed provided that: A maximum of four (4) bed and breakfast units registered auest and transient resident sleeping rooms may be established in a structure. 2. The facility shall have a state license (hotel and food), and comply with building and fire codes as may be required or applicable. 3. The facility shall be owner or manager occupied. 4. The principal structure shall have a minimum size of one thousand five hundred (1,500) gross square feet and shall be located on a lot which meets the minimum lot size of the district in which it is located. 5. All bed and breakfas reaistered auest and transient resident sleeping -rooms units shall be established within the principal structure. 6. Not more than the equivalent of one 1Lfull time person shall be employed by the bed and bFea in the operation of the facility who is not a resident of the structure. ON . =.'.TR3ffM3'.r.M: Section 4. Section 11-33-3 of the Lakeville City Code (Specialized Housing Bed and Breakfast Establishments) is hereby amended to read as follows: 11-33-3: BED AND BREAKFAST ESTABLISHMENTS AND BOARDING HOUSES: A. District Application: Bed and breakfast establishments and boarding houses are allowed within the RA, RAO, and RS -CBD zoning districts subject to the approval of a conditional use permit. B. Conditions Of Approval: In addition to general standards and criteria provided in Chapter 4 of this Title, a bed and breakfast establishment may be allowed provided that: A maximum of four (4) bed and breakfast units registered auest and transient resident sleeping rooms may be established in a structure. 2. The facility shall have a state license (hotel and food), and comply with building and fire codes as may be required or applicable. 3. The facility shall be owner or manager occupied. 4. The principal structure shall have a minimum size of one thousand five hundred (1,500) gross square feet and shall be located on a lot which meets the minimum lot size of the district in which it is located. 5. All bed and breakfas reaistered auest and transient resident sleeping -rooms units shall be established within the principal structure. 6. Not more than the equivalent of one 1Lfull time person shall be employed by the bed and bFea in the operation of the facility who is not a resident of the structure. 7. Dining and other facilities shall not be open to the general public but shall be used exclusively by the registered guests and transient residents. 8. Two (2) off street parking spaces shall be provided for the home plus one off street parking space for each bed and bFeakfast unit reaistered auest and transient resident sleeping rooms. Parking areas shall be screened and landscaped pursuant to subsection 11-19-7.1 of this Title. 9. Not more than one 1W identification sign not exceeding four (4) square feet in area may be attached to each wall which faces a street. The sign shall be reflective of the architectural features of the structure and may not be internally illuminated or lighted between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. 10. Adequate lighting shall be provided between the principal structure and the parking area for safety purposes. Any additional external lighting is prohibited. Section 5. 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 6. Section 11-46-13 of the Lakeville City Code (AP District — Administrative Permits) is hereby amended to add the following provision: E. Rentina of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the _parking_ stalls required by Chapter 19 of this Title. 3 Section 7. 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 8. Section 11-47-11 of the Lakeville City Code (RA District Administrative Permits) is hereby amended to add the following provision: E. Rentina of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family as an accessory use provided that: 1. The minimum term for the rentina of rooms shall be thirty (30) days and the roperty owner shall not enter into more than two (2) rental a reements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 9. 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 10. Section 11-50-11 of the Lakeville City Code (RS -1 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two(2) rental aareements within a thirty (30) day period. 2. There shall be one (11 off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. 4 Section 11. 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 12. Section 11-51-11 of the Lakeville City Code (RS -2 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two(2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the _parking_ stalls required by Chapter 19 of this Title. Section 13. 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 14. Section 11-52-11 of the Lakeville City Code (RS -3 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street narking stall provided for each rental occupant on the property in addition to the narking stalls required by Chapter 19 of this Title. Section 15. 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 16. Section 11-53-11 of the Lakeville City Code (RS -4 District Administrative Permits) is hereby amended to add the following provision: G. Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental agreements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 17. 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 18. Section 11-54-11 of the Lakeville City Code (RS -CBD District Administrative Permits) is hereby amended to add the following provision: F. Rentina of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family_ 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 two(2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall _provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 19. 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 20. Section 11-55-11 of the Lakeville City Code (RSMH District Administrative Permits) is hereby amended to add the following provision: F. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one(1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 21. 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 22. Section 11-56-11 of the Lakeville City Code (RST -1 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 23. 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 24. Section 11-57-11 of the Lakeville City Code (RST -2 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 25. 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 26. Section 11-58-13 of the Lakeville City Code (RM -1 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (301 day period. 2. There shall be -one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 27. 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 28. Section 11-59-13 of the Lakeville City Code (RM -2 District Administrative Permits) is hereby amended to add the following provision: G. Rentina of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one(1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 29. 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: 9 Section 30. Section 11-61-11 of the Lakeville City Code (RH-1 District Administrative Permits) is hereby amended to add the following provision: F. Rentina of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental areements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 31. 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 32. Section 11-62-11 (RH-2 District Administrative Permits) of the Lakeville City Code is hereby amended to add the following provision: F. Renting of rooms within an owner occupied single family dwelling to not more than two (2) individuals who are each unrelated to the principal family 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 two (2) rental aareements within a thirty (30) day period. 2. There shall be one (1) off-street parking stall provided for each rental occupant on the property in addition to the parking stalls required by Chapter 19 of this Title. Section 33. This ordinance shall be effective immediately upon its passage and publication. 10 ADOPTED this day of , 2014, by the City Council of the City of Lakeville, Minnesota. ATTEST: CITY OF LAKEVILLE m Matt Little, Mayor Charlene Friedges, City Clerk 11