HomeMy WebLinkAboutItem 06TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 25 February 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. The
Planning Commission discussed the proposed update language at a work session on 5
February 2015 and directed City staff to publish notice of a public hearing to formally
consider amendments to the Zoning and Subdivision ordinances.
Exhibits:
A. Draft Ordinance
B. RS -4 District Surveys
ANALYSIS
Gravel Mining Hours. In processing a request to allow 24 hour operation of an
existing gravel mine, City staff identified that Section 7-4-15.13 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:OOAM to
10:OOPM on Monday through Friday. This range of hours is consistent with MPCA
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regulations for "daytime" hours. As with other land uses with limits on allowed hours of
operation, the draft language provides that the hours may be either limited or extended
by the City Council in consideration of specific circumstances.
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. In comparison, the RS -3
District lot minimum lot area and width requirements provide for a typical 130 foot lot
depth with 30 foot front setback and 30 foot rear setback resulting in a 70 foot deep
building envelope. 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
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be amended to include an additional 10 feet of area for terraces, steps, decks, and
stoops by reducing the rear setback for such structures from 30 feet to 20 feet. If the
terraces, steps, decks or stoops are 30 inches or less above grade, then a rear and side
yard setback reduction would be allowed per the clarified wording in Section 11-17-
11.A.2.b. In the case of decks 30 inches or less above grade, a 10 foot rear yard
setback would be allowed.
Review of the rear yard setback requirements applicable to decks more than 30 inches
above grade is in response to the Notice of Appeal filed by the homeowner at 21444
Hytrail Circle. The lot in question is a re -plat of vacant townhouse lots within the Stone
Borough development approved after construction of the public street. Thus the depth of
the subject site and adjacent lots was fixed prior to the change in land use at
approximately 100 feet, which is shallower than the typical RS -4 District lot dimension.
The existing house with a look out basement is 43.67 feet deep and built at the required
25 foot front setback line, which results in a setback of 31.4 feet from the rear lot line.
Under the existing RS -4 District requirements and provisions of Section 11-17-11.A.2.b
of the Zoning Ordinance, a deck cannot be constructed onto the rear of the mouse. That
a patio door was located on the rear wall of the house without regard to the rear yard
setback requirement is not relevant. Planning Department staff researched deck
permits issued for RS -4 District lots in the following subdivisions:
■ Donnelly Farm 3rd and 4t" additions (a re -plat of vacant attached townhome lots
to RS -4 sized lots)
■ Stone Borough 4t" and 5t" additions (a re -plat of vacant attached townhome lots
to RS -4 sized lots)
■ Rose Creek (a new RST-2/RS-4 development)
There are a limited number of deck permits that have been issued in these subdivisions
as the RS -4 District was only established in May 2010. Example lot surveys for RS -4
District lots that are 100 to 125 feet deep illustrate rear yards between 33 and 48 feet
deep based on the foundation plans of the houses constructed upon the lots. With the
proposed amendment, these lots would have the option to construct a 10+ foot wide
deck that is more than 30 inches above grade. The proposed amendment would allow
the homeowner at 21444 Hytrail Circle to either construct a deck at the first floor
elevation that is 11.4 feet deep or construct stairs down to a deeper deck that is 30" or
less above grade. These options are a reasonable allowance for a deck in
consideration of maintaining usable open space in the rear yard and privacy for
adjacent properties from elevated decks consistent with the intent of the setback
requirement for this re -plated lot (and other lots in similar circumstances) having a more
shallow depth than typical for an RS -4 District lot.
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.
Fences. The Building Code has also been changed to increase the height of a fence
requiring a building permit from six feet to seven feet. City staff has drafted language
amending Section 11-21-5.A of the Zoning Ordinance to reflect the change in the
building code requiring approval of the Zoning Administrator for fences up to seven feet
in height and issuance of a building permit for fences seven feet in height or greater.
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 1-35 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 1-35. 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
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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
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 11-23-17.0 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. As directed by the Planning Commission at
the 5 February 2015 work session, the amendment proposes to add public fences to the
list of locations upon which signs may not be affixed.
Wall Signs. Wall signs within the O -R, C-1, C-2, C-3, C -CBD, O -P, I -CBD, 1-1, and 1-2
districts are currently limited to one wall sign for a fagade 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 11-16-17.13 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.
CONCLUSION
The Planning Commission will consider possible amendments to the Zoning and
Subdivision ordinances at a public hearing noticed for 5 March 2015. City staff is
recommending approval of the proposed amendments as presented.
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ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 7-4-15.13 of the Lakeville City Code (Public Ways
and Property — Excavation and Mining) is hereby amended to read as follows:
B. Extraction and hauling operations and related incidental activities shall be
performed during only those times wed between 7:OOAM and I O:00PM
Monday through Friday, unless otherwise limited or extended by the City Council
as part of this permit.
Section 2. Section 10-6-2-1 of the Lakeville City Code (Subdivision
Ordinance Variances) is hereby amended to read as follows:
10-6-2-1: FINDINGS:
A. The Planning Commission may recommend, and the City Council may approve a
variance from the minimum standards of this Title (not procedural provisions)
when, in its opinion, undue hardship may result from strict compliance.
B. In recommending any variance, the Planning Commission shall prescribe and the
City Council shall impose any conditions that it deems necessary to or desirable
for the public interest.
IN Iff"Offil n-, I
C. The Planning Commission shall not recommend and the Citv Council shall not
approve any variance request unless they find failure to grant the variance will
result in unusual hardship. "Unusual hardship" means that the property owner
proposes to use the property in a reasonable manner not permitted by this title.
Economic considerations alone do not constitute unusual hardship Unusual
hardship includes, but is not limited to, inadequate access to direct sunlight for
solar energy systems. The following criteria must also be met:
1. That the variance would be consistent with the Comprehensive Plan
2. That the variance would be in harmony with the general p=oses and
intent of this Title.
3. That the plight of the landowner is due to circumstances unique to the
property not created by the landowner.
4. That the p=ose of the variance is not exclusively economic
considerations.
5. That the granting of the variance will not alter the essential character of
the neighborhood in which the parcel of land is located.
6. That the requested variance is the minimum action required to eliminate
the unusual hardship.
Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definitions:
LOT LINE, FRONT: The lot line separating a lot from the street right of way along the
lot frontage having the least width.
YARD, FRONT: The area extending along the full length of a front lot line between side
lot lines and to the depth required in the yard regulations for the district in which it is
located. In the case of a corner lot abutting one or more streets, both yards shall be
considered front yards unless a specific standard is established by this Title for a side
yard of a corner lot abutting a public right-of-way.
Section 4. Section 11-17-11.A.2.b of the Lakeville City Code (Yards
Exceptions) is hereby amended to read as follows:
b. For lots of record or preliminary platted lots
established after March 17, 2003: >Jxeept as may b
limited within o ertni r „teetio dint ietn
,terraees
7 steps, 7
stoops or similar- st-ruraffes m
extendto within five � of (§') of side yard and to fee
(1 0') orear- . n,.d lot linen but not more than five feet.
(5') into a Fequifed front yafd er- side yaf;d adjaeen4 to
publie r -i& of way pr-eNided that the height of the
grade within the netbaek area. Except as maybe
limited within environmental protection districts the
required side yard and rear yard setbacks for terraces.
steps, decks, and stoops that are thirty (30) inches or
less above grade shall be:
(1) Side Yard: Five (5) feet, but not encroaching
more than five (5) feet into the required side
yard adjacent to a public right-of-way.
2) Rear yard: Ten (101 feet.
Section 5. Section 11-18-7.C.2 of the Lakeville City Code (Accessory
Buildings — Setbacks and Encroachments) is hereby amended to read as follows:
2. Detached accessory buildings not exeeeding one hundred twenty ( -0)
with a gross floor area of two hundred (200) square feet or less in
area:
a. All aEletaehed ., o .. buildings ions than a hundred twenty
r, 2m square � �Such structures shall be set back at least six feet
(6') from any other building or structure on the same lot and shall
not be located within a required buffer yard or drainage and/or
utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of the lot, except in the case
of a side yard of a corner lot abutting a public street.
C. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least five feet (5') from all adjoining lots.
Section 6. Section 11-18-7.C.3 of the Lakeville City Code (Accessory
Buildings — Setbacks and Encroachments) is hereby amended to read as follows:
3. Detached accessory buildings exceeding one tindfo,a twenty (I20 two
hundred (200) square feet inrrg oss floor area:
a. All detaehea aeeessery buildings in e... ess of one i.undr-ed twenty
(120) squaf e f etSuch structures shall be set back at least ten feet
(10') from any other building or structure on the same lot, and shall
not be located within a required buffer yard or drainage and/or
utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of a lot, except in the case
of a side yard of a corner lot abutting a public street.
When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least ten feet (10') from all adjoining lots.
Section 7. Section 11-21-5.A of the Lakeville City Code (Fences) is
hereby amended to read as follows:
A. Approval Required: No person except on a farm and related to agricultural uses
shall hereafter construct or cause to be constructed or erected within the city any
fence without first making an application for and securing approval by the zoning
administrator or their designee in accordance with section 11-8-5 of this title for
fences not exeee ing six f et «'Mess than seven feet (T) in height, or a building
permit for fences exeeeding six feet (6" seven feet (T) in height or greater.
Section 8. Section 11-21-7.A of the Lakeville City Code (General
Mandatory Landscaping and Maintenance) is hereby amended to read as
follows:
A. All exposed ground areas, including street boulevards, and areas not devoted to
off street parking, drives, sidewalks, patios or other such improvements shall be
landscaped with grass, shrubs, trees (except in boulevard portions of the public
right of way) or other ornamental landscape materials within one year following
the date of building occupancy, as determined by the temporary -certificate of
4
occupancy. A final ee:tifieate of ee::l".wivy uiuy v , aupon it
be v ;iuue a
this sce4iecrvrr.
Section 9. Section 11-23-7 of the Lakeville City Code (Signs —
Temporary Signs) is hereby amended to add the following provision:
H. Window Signs: Window signs not exceeding twenty five Percent (25%1 of
the total area of the window in which they are displayed.
Section 10. Section 11-23-15.G of the Lakeville City Code (Signs —
Temporary Signs) is hereby amended to read as follows:
G. Temporary Signs: The use of banners, pennants and similar devices for
commercial, industrial and institutional uses shall be subject to the following
provisions:
1. Temporary signs shall require a permit valid for no more than fi3i:ty two
(42} sixt 60 days during any calendar year.
2. The maximum area of a temporary sign shall not exeee be fifty (50)
square feet per sign face, except within the Freeway Corridor District
where the maximum area of a temporary sign shall be one hundred (100)
square feet per sign face.
Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
Section 11. Section 11-23-15.R.3.a of the Lakeville City Code (Signs —
O -R, C-1, C-2, C-3, C -CBD, and O -P District Multiple Occupancy Buildings) is
hereby amended to read as follows:
a. Within the O -R, C-1, C-2, C-3, C -CBD, and O -P districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one facade per tenant space except ene
additional signLs may be displayed on a second facade for
the tenant of a corner suite or a suite that extends through
the building thus having two (2) exterior walls.
(2) The tenant's business shall have an exclusive exterior
entrance.
(3) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(4) Each sign and the total area of all signs on a single facade
for an individual tenant shall be limited to the maximum
wall sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 12. Section 11-23-15.R.3.b of the Lakeville City Code (Signs —
1-1, 1-2 and I -CBD District Multiple Occupancy Buildings) is hereby amended to
read as follows:
b. Within the I-1,1-2 and I -CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one facade per tenant space except that
additional signs may be displayed on a second facade for
the tenant of a corner suite or a suite that extends through
the building thus having two (2) exterior walls subject to
the following:
(Ag) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(B) q4iere shall be no more than one sign pef tenant e
any one al facing ubl • stfee4
(23) Each sign or the total area of all signs on a single facade for
an individual tenant shall be limited to the maximum wall
sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 13. Section 11-23-17.0 of the Lakeville City Code (Signs —
Prohibited Signs) is hereby amended to read as follows:
O. Signs painted, attached or in any other manner affixed to trees or similar
natural surfaces, or attached to utility poles, bridges, towers, or similar
public structures, or public fences.
Section 14. Section 11-37-3.J.4 of the Lakeville City Code (Motor Fuel
Facilities — Exterior Lighting) is hereby amended to read as follows:
4. Exception: Exeept for- ro... hied wall signage the building and/or Lighting
of entire facades of the principal building shall only utilize illuminating
devices mounted on top and facing downward onto the structure.
Accessory structures. including the canopy fascia} shall not be illuminated.
Section 15. Section 11-53-13 of the Lakeville City Code (RS -4 District —
Lot Requirements and Setbacks) is hereby amended to read as follows:
11-53-13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RS -4 District subject to
additional requirements, exceptions and modifications set forth in this Title:
Lot area: T
Corner T 10,200 square feet
Interior P
8,400 square feet a
Lot width:
Corner
F185
feet
Interior F[7o
feet
Setbacks: FF
Front yards F12o
feet to the principal building; and 25 feet to the garage face
Rear yards
30 feet, except that the setback for any open and uncovered
terraces, steps, decks, and stoops shall be twenty (20) feet.
Side yards
7 feet from the adjacent lot, or 20 feet on the side yard abutting
a public right of way
Maximum building
coverage
40 percent
Buffer yard
P
Refer to subsection 11-21-9.E of this Title
Section 16. Section 11-102-13.D.1 of the Lakeville City Code
(Shoreland Overlay District — Minimum Lot Requirements and Setbacks) is
hereby amended to read as follows:
1. Setback requirements from the ordinary high water level shall not apply to
piers and docks. Where development exists on both sides of a proposed
building site, building setbacks may be altered reduced from the Ordinary
High Water Level to the average setback of the abutting principal
buildings to more closely conform to adjacent building setbacks, provided
the proposed building site is not located i a shore impact zone or in a
bluff impact zone and not closer than fifty (50) feet from the Ordinary
High Water Level, whichever is greater.
Section 17. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this day of , 2015, by the City Council of the
City of Lakeville, Minnesota.
ATTEST:
CITY OF LAKEVILLE
AM
Matt Little, Mayor
Charlene Friedges, City Clerk
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