HomeMy WebLinkAboutItem 06.u
December 3, 2015 Item No. ________
ZONING ORDINANCE AMENDMENT
DECEMBER 7, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance
amending Title 11 of the City Code (the Zoning Ordinance) concerning fences.
Passage of this motion will simplify wording in the definition and fence sections of the Zoning
Ordinance and remove an unintended consequence of the current requirements.
Overview
The Planning Commission and Planning Department staff recommends approval of an
ordinance amending the Zoning Ordinance to simplify the language for residential fencing
and address a gap in the existing requirements. The Planning Commission held a public
hearing on the proposed Zoning Ordinance amendment at their November 19, 2015 meeting
and unanimously recommended approval. There was no public comment.
Primary Issues to Consider
None
Supporting Information
• Ordinance amending Title 11 of the City Code
• November 19, 2015 draft Planning Commission meeting minutes
• November 9, 2015 TPC memorandum, including a redlined version of the amendment
Daryl Morey, Planning Director
Financial Impact: $________________ Budgeted: Y/N ____ Source: ____________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________
Community Values: A Home for All Ages and Stages of Life____________________________________
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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. The following definition in Section 11-2-3 of the Lakeville
Zoning Ordinance (Definitions) is hereby amended to read as follows:
YARD, SIDE: A yard between the side line of the lot and the nearest line of the principal
building and extending from the front yard to the rear yard.
Section 2. The following definition in Section 11-21-5.F of the Lakeville
Zoning Ordinance (Fences) is hereby amended to read as follows:
F. Residential Fencing And Screening:
1. Open For Passage: Except as provided herein, fences shall be at least five
percent (5%) open for passage of air, light, and drainage.
2. Height: Except as provided herein, the maximum height of a fence
shall be six feet (6').
3. Rear Yards: Fences exceeding six feet (6’) in height, but not greater than
eight feet (8') in height, may be allowed the rear yard provided that the
fence is set back ten feet (10') from the rear lot line and five feet (5') from
any side lot line.
4. Yards Abutting Public Rights Of Way: Fences located within front yards,
within side yards of a corner lot, or within rear yards of a double frontage
lot abutting a public right of way:
a. Fences located within the front yard shall not exceed four
feet (4’) in height and shall be at least seventy five percent
(75%) open space for the passage of air and light, except as
allowed by subsection F4b of this section.
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b. Fences located within a required side yard of a corner lot abutting a
public right of way, or within the required rear yard of a double
frontage lot abutting a public right of way shall not exceed six feet
(6’) in height and shall be no closer to the front lot line than a point
intersecting the front line of the principal building.
c. A fence constructed within the front yard, within a required side
yard of a corner lot abutting a public right of way, or within the
required rear yard of a double frontage lot abutting a public right of
way shall be set back ten feet (10') from the property line abutting
a public right of way on lots of record and preliminary platted lots
having legal standing established after January 1, 1994, except
where additional setback is required for the traffic visibility
triangle by subsection E of this section.
d. For interior lots, a gate constructed of the same material as the
fence shall be provided in the fence to allow for maintenance of the
street side boulevard.
Section 3. 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.
CITY OF LAKEVILLE
BY:_________________________________
Matt Little, Mayor
ATTEST:__________________________________
Charlene Friedges, City Clerk
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 9 November 2015
RE: Lakeville – Zoning Ordinance; Residential Fences
TPC FILE: 135.01
BACKGROUND
City staff identified an issue with Section 11-21-5.F of the Zoning Ordinance regulating
residential fences in review of an application for a fence permit for a lot within the Cedar
Landing development. The lot fronts to Greenwood Court, which is a cul-de-sac within the
subdivision, but has double frontage with the rear lot line abutting 210th Street. The
Transportation Plan designates 210th Street as a local street, meaning the subject site has
frontage to two local streets, which has an unintended consequence of limiting a fence in the
rear yard to a maximum height of four feet and minimum open space of 75 percent. Having a
lot with double frontage to two local streets is a unique situation, which occurs with Cedar
Landing due to the existing development pattern along 210th Street. In response, City staff is
initiating an amendment to 11-21-5.F of the Zoning Ordinance to address this issue and also to
simplify the language so as to be easier to understand for property owners, contractors and City
staff.
EXHIBITS
A. Cedar Landing Plat
B. Fence Diagram
C. Draft Amendment
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ANALYSIS
Front Yard. In addressing the fence issue, City staff is also proposing to amend the definition of
a side yard as follows because the current definition is in conflict with the definition of a front
yard:
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.
YARD, SIDE: A yard between the side line of the lot and the nearest line of the
principal building and extending from the front lot line of the lotyard to the rear
yard.
Height. The Fence Ordinance establishes that, except in specified situations, the maximum
height of a residential fence is to be six feet. The following revision of Section 11-21-5.F.2 of
the Zoning Ordinance simplifies the statement of this provision:
2. Height Outside Buildable Area: Except as provided herein, the maximum
height of a fences outside the buildable area of a lot may not exceed shall
be six feet (6').
Rear Yards. The Zoning Ordinance allows for a fence up to eight feet to be constructed within
the rear yard of a lot provided that it is setback 10 feet from the rear lot line and five feet from
the side lot line. The following amendment of Section 11-21-5.F.3 of the Zoning Ordinance
simplifies the statement of this provision:
3. Height Within Buildable AreaRear Yards: Fences not to exceeding six
feet (6’) in height, but not greater than eight feet (8') in height, may be
allowed within the buildable area of a rear yard provided that the fence is
set back ten feet (10') from the rear lot line and five feet (5') from any side
or unit lot line, except as otherwise allowed by this section.
Abutting ROWs. Section 11-21-5.F.4 of the Zoning Ordinance establishes the regulations for a
situation where the yard in which the fence is located abuts a public right-of-way. Specific
requirements are needed in this situation to address and balance issues related to traffic
visibility, streetscape aesthetics, and buffering from traffic impacts. The minimum standard is
that fences in front yard are limited to four feet in height, must be 75 percent open so as to not
obstruct traffic visibility, and maintain a consistent streetscape along the front of the lots in a
block. The following amendment of Section 11-21-5.F.4.a of the Zoning Ordinance simplifies
the statement of this provision:
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a. The fence Fences located within the front yard shall not exceed
four feet (4’) in height and shall be at least seventy five percent
(75%) open space for the passage of air and light, except as
allowed by subsection F4b of this section.
The provision above creates an exception set forth in Section 11-21-5.F.4.b of the Zoning
Ordinance where the yard abutting a public right-of-way is the side yard of a corner lot, the rear
yard of a double frontage lot, or a lot with right-of-way abutting the front yard, side yard and
rear yard at the end of a block. A fence up to six feet in height is allowed to encroach into the
setback required from the public right-of-way provided that it not extend closer to the front lot
line than the principal building. This exception recognizes that the side yard or rear yard
abutting the public right-of-way has less potential to impact traffic visibility, that the area is
more used as private recreation space separate from the streetscape, and that the fence also
serves as a buffer as such yards often abut major collector or arterial streets. The following
amendment of Section 11-21-5.F.4.b of the Zoning Ordinance simplifies the statement of this
provision and eliminates the reference applying only to yards abutting major collector or
arterial streets in response to the unique issue identified in Cedar Landing:
b. A fence with a height greater than forty eight inches (48”) or less
than seventy five percent (75%) open space may be constructed
Fences located within a required side yard of a corner lot abutting a
public right of way, or within the required rear yard of a double
frontage lot abutting a public right of way of a major collector or
arterial street , provided that the fence shall not exceed six feet (6’)
in height shall not extend into a required front yard and shall be no
closer to the front lot line than a point intersecting the front line of
the principal building.
Even when a fence is allowed to encroach into a required yard abutting a public right-of-way,
Section 11-21-5.F.4.c requires a minimum 10 foot setback to minimize impacts to traffic
visibility, minimize conflicts with abutting sidewalks or trails, and allow access to in-ground
utilities within the drainage and utility easement at the perimeter of the lot. The following
amendment of Section 11-21-5.F.4.c of the Zoning Ordinance simplifies the statement of this
provision:
c. A fence constructed within the front yard, within a required side
yard of a corner lot abutting a public right of way, or within the
required rear yard of a double frontage lot abutting a public right of
way of a major collector or arterial street shall be set back ten feet
(10') from the property line abutting a public right of way on lots
of record and preliminary platted lots having legal standing
established after January 1, 1994, except where additional setback
is required for the traffic visibility triangle by subsection E of this
section.
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An illustration of the allowances for residential fences established by Section 11-21-5.F of the
proposed Zoning Ordinance amendment is attached as Exhibit B to provide a visual reference
and easier understanding of the proposed regulations.
CONCLUSION
A public hearing has been noticed for the Planning Commission meeting on 19 November 2015
to consider the proposed amendment of the Zoning Ordinance related to residential fences.
The amendment prepared by City staff serves to address the unique situation presented by the
circumstances in Cedar Landing, but also involve a more comprehensive revision intended to
make the Zoning Ordinance provisions easier to understand and administer. City staff
recommends approval of the proposed Zoning Ordinance amendment in the form attached
hereto.
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