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HomeMy WebLinkAboutWork Session_ZO Amendment Memo2-5-15 MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 29 January 2015 RE: Lakeville – Zoning Ordinance TPC FILE: 135.01 – 15.01 BACKGROUND City staff is initiating discussion of possible updates to the Zoning Ordinance, Subdivision Ordinance and development related sections of the City Code. These updates are items identified by City staff in the course of on-going, day-to-day administration of the Zoning Ordinance and development application reviews. Exhibits: A. Draft Ordinance ANALYSIS Gravel Mining Hours. In processing a request to allow 24 hour operation of an existing gravel mine, City staff identified that Section 7-4-15.B of the City Code does not specify allowed hours of operation but states that hours will be determined by the City Council. Identifying a specific range of days and hours that a gravel mine is allowed to operate establishes a more clear expectation for operators and adjacent property owners and may be more consistently applied to all operations. The draft ordinance proposes to establish allowed hours of operation for gravel mining as 7:00AM to 10:00PM on Monday through Friday. This range of hours is consistent with MPCA regulations for “daytime” hours. As with other land uses with limits on allowed hours of operation, the draft language provides that exceptions may be approved by the City Council. Subdivision Ordinance Variances. The Zoning Ordinance was updated in 2011 to adopt revised criteria for consideration of variances based on the statutory language of “practical difficulties”. The criteria for variances under the Subdivision Ordinance are provided in Section 10-6-2-1 of the Subdivision Ordinance and are different than those established for variance applications from the Zoning Ordinance. Minnesota Statues 462.358, Subd. 6 enables the City to consider variances for subdivisions when conditions of “unusual hardship” exist. Although the terminology is different between the two statues, the intent is the same and it would be consistent for the City to utilize similar criteria in considering applications for variance from the Zoning Ordinance and Subdivision Ordinance. The draft ordinance would replace the criteria for variance within the Subdivision Ordinance with the same criteria of the Zoning Ordinance, but substituting the term “unusual hardship” for “practical difficulties”. Front Yard Definition. The definition of front yard in Section 11-2-2 of the Zoning Ordinance states that in the case of a corner lot, both yards abutting streets are to be treated as front yards. However, other sections of the Zoning Ordinance establish different standards for the side yard of a corner lot abutting a public right-of-way, such as a lesser setback than required from the front yard. The draft ordinance will clarify this conflict by stating that both yards are to be treated as front yards except when a specific standard is established applicable to the side yard of a corner lot abutting a public right-of-way. The draft amendment also specifically defines the front lot line as the lot boundary abutting the public right-of-way with the least width. Setback Exceptions. City staff has previously proposed an amendment to Section 11- 17-11.A.2.b of the Zoning Ordinance to clarify the setback exception provision for terraces, decks and stoops 30 inches or less above grade due to an appeal that was filed challenging staff’s interpretation of this section of the Zoning Ordinance. The Planning Commission affirmed City staff’s interpretation of this provision of the Zoning Ordinance and recommended approval of the proposed amendment. The City Council at their meeting on 20 January 2015 agreed with the Planning Commission and affirmed City staff’s interpretation of the Zoning Ordinance, but directed that the Planning Commission consider possible exceptions specific to the RS-4 District. The RS-4 District establishes a minimum lot area of 8,400 square feet and minimum lot width of 70 feet for interior lots. No minimum lot depth requirement is established, but the minimum lot area and width requirements suggest a lot depth of 120 feet will be typical. Based on a minimum front yard setback of 25 feet to the garage face and minimum 30 foot rear yard setback, the typical building envelope would be 65 feet deep. Most building pads are commonly designed as 60 feet deep. So as to better accommodate construction of a deck on the rear of the house, City staff proposes that the RS-4 District setback table in Section 11-53-13 be amended to include a rear yard setback of 20 feet for terraces, steps, decks, and stoops. If the terraces, steps, decks or stoops are 30 inches or less above grade, than a rear and side yard setback reduction would be allowed per the clarified wording in Section 11-17-11.A.2.b. 2 Accessory Buildings. The State Building Code has been updated to increase the area of a detached accessory building requiring a building permit from 120 square feet to 200 square feet. Sections 11-18-7.C.2 and 3 of the Zoning Ordinance establish setback requirements for detached accessory buildings based on the current 120 square foot threshold for requiring a building permit. City staff is proposing to amend the Zoning Ordinance to base the setback requirements on the updated Building Code threshold. Detached accessory buildings 200 square feet or less in area are subject to all yard requirements but may encroach to within five feet of an interior side or rear lot line, whereas detached accessory buildings larger than 200 square feet must be setback 10 feet from an interior side or rear lot line. Landscaping. Section 11-21-7.A of the Zoning Ordinance requires installation of landscaping in all yards within a lot not covered by buildings, parking areas, driveways, sidewalks or other improvements. The landscaping is required to be installed within one year from the date of occupancy. However, the language in the Zoning Ordinance states that a temporary certificate of occupancy will be issued until the landscaping is complete. The City’s practice is to issue the certificate of occupancy for the building as the building construction and landscaping requirements are separate regulations and landscaping is not a Building Code matter. The City does require a cash escrow for completion of landscaping to ensure compliance with the Zoning Ordinance when this work is not compete at the time the certificate of occupancy is issued, usually due to seasonal timing. The Building Official is recommending that the references to temporary certificates of occupancy be removed from the Zoning Ordinance. Window Signs. Section 11-23-15.P states that window signs may occupy up to 25 percent of the area of the window in which they are displayed. City staff has not required a sign permit for window signs, so reference to allowance of window signs up to 25 percent of the window area must also be included in Section 11-23-7 of the Zoning Ordinance identifying signs allowed without a sign permit. Temporary Signs. City staff is proposing a number of amendments to the provisions for allowance of temporary signs in Section 11-23-15.G of the Zoning Ordinance to make the regulations more consistent with the practices of businesses utilizing these signs:  Area. Consider allowing temporary signs for businesses within the Freeway Corridor District along I-35 to have a larger area. Temporary signs are currently limited to 50 square feet by Section 11-23-15.G.2 of the Zoning Ordinance regardless of zoning district. Businesses within the Freeway Corridor District have requested use of temporary banners up to 100 square feet in area to improve visibility from I-35. City staff supports the increase in the area for temporary signs in the Freeway Corridor District.  Duration. The Zoning Ordinance currently limits use of temporary signs to 42 days in Section 11-23-15.G.1 of the Zoning Ordinance. Businesses requesting approval for temporary signs have noted that they commonly have sale events lasting 60 days. So as to better align the limit for temporary signs with how the 3 businesses would utilize them, City staff proposes increasing the allowed duration for temporary signs from 42 days to 60 days. Section 11-23-15.G.1 of the Zoning Ordinance also defines the duration that a temporary sign may be displayed every 12 months. City staff and business owners believe it would be easier to administer if the period during which a temporary sign were displayed were defined based on a calendar year and would propose to amend the Zoning Ordinance to this effect. Sign Placement. Section 11-23-17.O of the Zoning Ordinance prohibits signs from being placed on trees or other natural surfaces and public and quasi-public structures such as utility poles, bridges, towers, etc. City staff proposes to add public and private fences to the list of locations upon which signs may not be affixed as these locations may circumvent other regulations addressing setbacks, height and area. Wall Signs. Wall signs within the O-R, C-1, C-2, C-3, C-CBD, O-P, I-CBD, I-1, and I-2 districts are currently limited to one wall sign for a façade facing a public street or one wall sign on up to two walls for corner or through lots. Businesses within multiple occupancy buildings that occupy two tenant bays often request to install two or more wall signs while staying within the area limit established for the respective zoning district. City staff believes that such flexibility for the business is appropriate within the context of a multiple occupancy building where a comprehensive sign plan is required and would meet the intent of the Zoning Ordinance. Specific provisions allowing multiple wall signs for single occupancy commercial uses larger than 45,000 square feet also are established by the Zoning Ordinance but would not be effected by the proposed amendment. Convenience Fuel Lighting. Section 11-37-3.J.4 of the Zoning Ordinance prohibits lighting of the exterior of a convenience fuel store building, although this is needed to some extent for security reasons especially near rear doors. City staff proposes to amend this provision to make it consistent with the exterior lighting requirements for other buildings established in Section 11-16-17.B of the Zoning Ordinance whereby exterior lighting of the principal building is allowed using downcast lighting onto the structure. Lighting of the canopy over the fuel islands except for allowed signage would remain prohibited. Shoreland Overlay District Setbacks. City staff has been working with DNR staff to clarify application of the provisions outlined in Section 11-102-13.D.1 of the Zoning Ordinance that allow a reduced setback from the Ordinary High Water Level when a building site has existing development on either side that is set back less than the required 75 feet established for new construction. The existing language allows the setback to be reduced to the greater of the average setback or so as not to encroach within a Bluff Impact Zone or Shoreland Impact Zone, which may allow buildings to be as close as 37.5 feet from the OHWL. DNR staff recommends under these circumstances that the setback be not less than 50 feet and City staff has drafted language consistent with the DNR recommendation. 4 CONCLUSION The Planning Commission will discuss the possible amendments of the Zoning Ordinance, Subdivision Ordinance and City Code at a work session on 5 February 2015. City staff is seeking direction to proceed with noticing a public hearing to formally consider the proposed amendments at a future Planning Commission meeting. 5