HomeMy WebLinkAboutItem 10
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 13 April 2017
RE: Lakeville – Zoning Ordinance
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance and/or City Code to address issues identified in the course of ongoing administration
of the City’s development regulations and review of development applications. The Planning
Commission held a work session on 5 January 2017 to discuss these items, with follow up
discussion at a second work session on 2 March 2017. The City Council also discussed these
items at a work session on 27 March 2017. A public hearing to consider the proposed
amendments has been noticed for the 20 April 2017 Planning Commission meeting.
Exhibits:
A. Industrial building rendering with smooth as cast finish
B. Survey of parking requirements for coffee/bagel store
C. Planning Commission work session minutes of 5 January 2017
D. Planning Commission work session minutes of 2 March 2017
E. City Council work session minutes of 27 March 2017
F. Draft ordinance amendment
ANALYSIS
Industrial Buildings. City staff met with representatives of Appro Development Inc. and
FABCON on 11 January 2017 to discuss the exterior finish material requirements established by
Section 11-17-9.B of the Zoning Ordinance. Industrial developers are working with companies
like FABCON to utilize engineered precast panels with a smooth face texture to develop more
contemporary buildings. The stain applied to the exterior of the concrete panels have
advanced in terms of durability and life expectancy allowing greater use of color to provide
differentiation in the exterior appearance of the building along with formed design and off-set
building elements. Current exterior stain products will provide more consistent color and
similar fade resistance to integral color, which can have a muddled appearance due to the
aggregate mix. The Planning Commission and City Council support the following text
amendment to allow for use of smooth faced cast panels that are either integral color or
exterior stained for buildings within the O-P, I-1, and I-2 Districts:
B.2. Grade B:
a. Integral color sSpecialty concrete block such as textured,
burnished block or rock faced block with integral color or
stain exceeding ASTM G154.
b. Integral color aArchitecturally precast concrete panels
having an exposed aggregate, light sandblast, acid etch,
form liner, smooth as cast, tooled, natural stone veneer,
brick face and/or cast stone type finish.
c. Masonry stucco.
d. Ceramic.
B.4. Grade D:
a. Integral color sSmooth as cast concrete block.
b. Integral color sSmooth scored concrete block.
c. Integral color sSmooth as cast concrete panels.
d. Integral color aArchitecturally precast concrete panels
having a smooth as cast finish.
ec. Glass block.
fd. Wood provided that the surfaces are finished for exterior use
or the wood is of proven durability for exterior use, such as
cedar, redwood or cypress.
D.2. a. The exterior building finish shall be composed of at least
sixty five percent (65%) grade A materials and/or integral
color architecturally precast concrete panels with a form
liner, smooth as cast, tooled, natural stone veneer, brick face
and/or cast stone type finish, not more than thirty five
2
percent (35%) other grade B and grade C materials and not
more than ten percent (10%) grade D materials.
Unsewered Lots. Section 11-17-19 of the Zoning Ordinance establishes a minimum 10 acre
area requirement for lots were public sewer is not available. The minimum area requirement,
together with a minimum lot width requirement of 300 feet, for unsewered lots was adopted
by the City on November 7, 1977. Any lot existing upon this date with an area or width less
than required by the City ordinance would be regulated as a non-conforming lot. However,
until the early 1980s, Dakota County would allow a property owner to subdivide a parcel by
submitting a survey and legal description without requiring verification of City approval. At
least one lot, PID 22-13600-00-43 located south of the Lakeville/Burnsville boundary and west
of Judicial Road owned by Mr. Glenn Klotz, was subdivided in 1980 without complying with the
minimum lot standards adopted by the City, which results in a forfeit of the property’s legal
non-conforming status. In order to address the past actions of recording subdivisions without
City approval, City staff recommends amending the effective date of the minimum area
requirement for unsewered lots to January 1, 1984. City staff also recommends changing the
provisions for construction on nonconforming lots (Section 11-15-9.C of the Zoning Ordinance)
from an administrative permit to a conditional use permit to ensure notification to surrounding
property owners. The Planning Commission and City Council concurred with City staff’s
recommendations.
11-15-9.C. Vacant Or Redeveloped Lots: Except in environmental
protection districts established in chapter 45 of this title, legal,
nonconforming, vacant lots of record may be developed for single-
family detached dwellings upon approval of an administrative a
conditional use permit, provided that:
1. Legally Established: The lot in question was legally
established in accordance with requirements of this
codeTitle existing at the time of its creation and is a
separate, distinct tax parcel.
2. Allowed Use: Single-family residential dwellings are an
allowed use within the base zoning district.
3. Minimum Lot Size:
a. Sewered Lots: A legal nonconforming lot having direct
access, as determined by the City Engineer, to
municipal sewer shall be considered buildable
provided measurements for lot area and/or width
meet minimum requirements or are sixty six percent
(66%) of the requirement of the base zoning district.
b. Unsewered Lots: A legal nonconforming lot not having
access to municipal sewer shall be considered
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buildable provided it complies with section 11-17-
19 of this Title.
c. Shoreland Overlay District: The lot shall not have
more than twenty five percent (25%) impervious
surface if located within the shoreland overlay district.
4. Access: The lot in question has frontage on and will directly
access an improved public street.
5. Health Concerns: Public health concerns (potable water and
sanitary sewer) can be adequately addressed.
6. Setback And Yard Requirements: The setback and yard
requirements of the base zoning district can be achieved
while simultaneously resulting in development which
complies with the character and general design of the
immediate area and the objectives of the comprehensive
plan and this Title.
11-17-19.A.2. The minimum lot size of ten (10) acres shall not apply
to smaller separate parcels of record in separate ownership lawfully
existing prior to November 7, 1977January 1, 1984, provided that
they comply with minimum standards for the district in which they
are located or Chapter 15 of this Title and that it can be
demonstrated by means satisfactory to the City that the smaller
parcels will not result in groundwater, soil or other contamination
which may endanger the public health.
Accessory Buildings - Number. Section 11-18-7.A of the Zoning Ordinance limits the number
of detached accessory buildings for single family uses to one plus an attached or detached
garage. Exceptions to this limit are allowed by conditional use permit. In that many single
family lots will include a play structure, gazebo or similar open structure, the limit on the
number of accessory buildings would require a property owner to undertake the time and
expense of a conditional use permit process to be able to have a storage shed.
The Planning Commission discussion on 5 January 2017 involved further clarifying proposed
language to allow that a gazebo could be enclosed but only with screens or clear windows that
would not obscure the interior of the building making effectively another potential storage
shed. City staff recommends amending the Zoning Ordinance to allow for a play structure or
gazebo enclosed only by screens or clear windows as a second accessory structure less than 200
square feet in area on a lot without approval of a CUP. This language has been revised
following the City Council work session on 27 March 2017 to remove the reference to detached
accessory buildings larger than 200 square feet from provision A.1. The intent is to allow each
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property the opportunity for an attached or detached garage, an enclosed storage shed, and an
open structure less than 200 square feet in area.
A. Conditional Use Permit Required: No building permit shall be
issued for the construction of more than one detached accessory
building on a single parcel in addition to one private garage
(attached or detached), except by conditional use permit. Number
Allowed:
1. There shall not be more than one (1) detached accessory
building on a lot in addition to one (1) attached or detached
garage.
2. One (1) play equipment structure, open-sided structure, or
gazebo enclosed only by screening or clear windows having
a footprint less than two hundred (200) square feet shall be
allowed in addition to the number of accessory buildings
allowed by Section 11-18-7.A.1 of this Chapter.
3. Accessory buildings greater than allowed by this Section
may be allowed by approval of a conditional use permit.
Off-Street Parking. City staff has reviewed standards for off-street parking requirements for
convenience food restaurants based on recent development proposals. One proposal is for a
2,800 square foot traditional fast-foot restaurant with a drive through window. The other use
involves a coffee and bagel shop with limited food offerings. Under Section 11-19-13 of the
Zoning Ordinance, convenience food uses are required to provide one off-street parking stall
per 40 square feet of seating area plus one off-street parking stall per 80 square feet of kitchen
area plus 1 off-street parking stall for each 15 square feet of queuing area (but not less than 15
spaces). City staff’s concern is that the current parking requirement is overestimating demand
for off-street parking stalls for traditional convenience food uses and also not directly
applicable to a coffee/bagel shop type restaurant. The Institute of Transportation Engineers
Parking Generation 4th Edition manual has the following relevant studies for parking demand:
Use Parking Demand per 1,000sf. (Gross)
Average
Peak
85th
Percentile
Range
Fast Food Restaurant 12.40 14.50 7.14-14.60
Fast Food Restaurant w/ Drive Through 9.98 15.13 1.45-23.26
Coffee/Doughnut Shop 13.56 17.33 3.49-19.31
Coffee/Doughnut Shop w/ Drive Through 10.40 18.97 2.96-37.50
ITE notes that “hamburger” fast food restaurants generally have higher parking demand than
does a specialty fast food restaurant such as tacos or chicken. The higher parking demand for
the Coffee/Doughnut Shop category may be attributed to higher turnover in parking stalls. A
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combination coffee shop/sandwich shop with preparation of more than prepared food may
need to be considered as a fast food restaurant because of the expanded menu. The ITE
parking demand manual provides the 85th percentile and range information to be able to better
understand the average peak data and evaluate appropriate parking standards. Based on the
above parking studies, the following revised parking standards for convenience food uses may
be considered:
Use Parking Stalls Required / GSF
Average
Peak
85th
Percentile
Fast Food Restaurant 1/80sf. 1/70sf.
Fast Food Restaurant w/ Drive Through 1/100sf. 1/70sf.
Coffee/Doughnut Shop 1/75sf. 1/60sf.
Coffee/Doughnut Shop w/ Drive Through 1/95sf. 1/50sf.
Parking standards are intended to accommodate the average peak demand for parking generation for
a given use to minimize potential site congestion or cause congestion within the public street.
Implementation of these standards for either average peak demand or 85th Percentile would require
less parking for a convenience food use than the current Zoning Ordinance standards:
Taco Bell / SPBF 2nd Addition
Requirement Area Required
Stalls
Current
Requirement
Queuing Not less than 15 or 1/15sf. 200sf. 15
Dining 1/40sf. 713sf. 18
Patio 1/40sf. 267sf. 7
Kitchen 1/80sf. 738sf. 10
Total 50
Proposed
Requirement
Average 1/100sf. 2,806sf. 28
85th % 1/70sf. 40
The number of required stalls for the proposed Taco Bell in Spirit Place at Brandtjen Farm 2nd Addition
would be between 10 and 22 less under the proposed standards than currently required. The site plan
for Taco Bell provided 42 parking stalls. The developer had provided information based on ITE studies
that the proposed parking provided within their site is approximately equal to their estimated demand.
The proposed Taco Bell complied with the current Zoning Ordinance requirements based on the shared
parking arrangement existing with the SPBF development. Also, using the proposed parking standard
of 1 stall per 75 square feet for a coffee/doughnut shop, the 2,699 square foot Caribou Coffee/Einstein
Bagels use would be required to provide 36 parking stalls. This is in line with the majority of the
communities surveyed by City staff, which is attached for reference. The Planning Commission and
City Council indicated their support to modifying the existing parking requirements for convenience
food uses to provide a separate classification for convenience food based on one stall per 70 square
feet and a separate category for coffee shop/doughnut shops at 1 stall per 50 square feet using the
85th percentile statistics from ITE.
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Model Homes. Section 27 regulates construction and use of dwellings as temporary models
and real estate offices. Section 11-27-3 of the Zoning Ordinance limits the number of model
homes to two or 10 percent of the lots within the final plat, whichever is greater. The Zoning
Ordinance was amended in 2012 to accommodate subdivisions with multiple builders and
multiple house plans; previously, only one model home was allowed prior to completion of
infrastructure improvements. This section also allows construction of a model home to be
started before completion of infrastructure and the first lift of asphalt for the public street
accessing the lot. However, builders have been using this provision to begin construction of
homes that they do not intend to ever be used as a model home prior to completion of
infrastructure. This situation causes concern from a construction access and observation
standpoint. Ensuring adequate access to job sites is also of critical importance for fire and
medical responders should there be a fire or accident. As such, the Planning Commission
supports an amendment of Section 11-27-3 of the Zoning Ordinance to clarify allowances for
model homes to address the current situation with homes being built prior to completion of
streets and utilities. The City Council considered the proposed amendment at their meeting on
6 March 2017 and work session on 27 March 2017 and directed City staff to review the
language further to provide greater clarification as to the model home allowances during
construction of streets and infrastructure. City staff proposes a comprehensive revision of
Section 11-27-3 as follows:
11-27-3: QUALIFICATION: A building permit may be issued for a
model home upon approval and recording of a final plat, provided that:
A. The number of model homes within the final plat shall not exceed:
1. Prior to completion of public infrastructure improvements
provided that at least a maintainable Class 5 aggregate
base, structurally sufficient to allow public safety access to
each building site approved by the City Engineer is installed
prior to issuance of a building permit:
a. One (1) building per homebuilder or the following,
whichever is greater:
(1) Plats with less than 40 lots: 2 model homes
(2) Plats with 40 lots or more: 3 model homes
b. Construction of more than one model home allowed
under this subsection shall require the buildings be
located on abutting lots.
2. After completion of public infrastructure improvements
(including a first lift of asphalt) approved by the City
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Engineer: Three (3) buildings or ten percent (10%) of the
lots within the final plat, whichever is greater.
B. No certificate of occupancy shall be issued for a model home until
the public infrastructure improvements including the first lift of
asphalt have been completed and approved by the City Engineer.
For reference, City staff provides the following summary of recent subdivisions outlining
the number of model homes that would be allowed before completion of the first lift of
asphalt and utilities and the number of model homes allowed after the public
infrastructure improvements have been completed:
Plat # of
Lots
# of
Builders
Model Homes
Allowed
Before
1st Lift
After
1st Lift
Avonlea 205 1 3 20
Berres Ridge 1st Add. 63 9 9 9
Berres Ridge 2nd Add. 63 9 9 9
Dodd Crossing 67 3 3 6
Feldman Heights 25 4 4 4
Kenwood Hills 45 1 3 4
Kyla Crossing 40 4 4 4
Legacy 1st 66 4 4 6
Nicolas Estates 44 4 4 4
SBF 16th Add. 85 2 3 8
Animals. The Planning Commission previously recommended removing Section 11-35-3.D of
the Zoning Ordinance allowing for the keeping of animals other than those defined as house
pets or farm animals within the City by approval of an interim use permit. The City Council
referred this issue back to the Planning Commission for further consideration as to whether
maintaining the exception provision is appropriate if specific performance standards were
adopted. The Planning Commission did indicate support for allowing keeping of raptors in rural
areas of the City and provisions are outlined in subsequent paragraphs to provide for this. City
staff researched other cities with characteristics similar to Lakeville including Apple Valley,
Bloomington, Burnsville, Eden Prairie, and Woodbury. These Cities include in their City Code
prohibitions on the keeping of the following animals, which City staff recommends adding as a
listing of prohibited animals within Section 11-35-3 of the Zoning Ordinance:
H. Prohibited Animals. The following animals shall not be kept within
the City, except as associated with a zoo program licensed by the
State for a period of not longer than thirty (30) days:
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1. Any member of the cat family (felidae) including, but not
limited to, lions, tigers, cougars, bobcats, leopards and
jaguars, but excluding those recognized as domesticated
house cats.
2. Any naturally wild member of the canine family (canidae)
including, but not limited to, wolves, foxes, coyotes,
dingoes, and jackals, but excluding those recognized as
domesticated dogs.
3. Any hybrid or crossbreeds between an animal defined in
Subsections H.1 or H.2 and a domestic animal and
offspring from all subsequent generations of those hybrids
or crosses, such as the crossbreed between a wolf and a
dog.
4. Any member or relative of the rodent family including any
skunk (whether or not descented), raccoon, or squirrel, but
excluding those members otherwise defined or commonly
accepted as domesticated pets.
5. Any poisonous, venomous, constricting, or inherently
dangerous member of the reptile or amphibian families
including, but not limited to, rattlesnakes, boa constrictors,
pit vipers, crocodiles and alligators.
6. Any other animal that is not explicitly listed above but which
can be reasonably defined by the terms of this section
including, but not limited to, bear, deer, non-human
primates, and game fish.
Related to keeping animals, representatives of the sixth-grade Lego League Team made a
presentation at the November 21, 2016 City Council meeting encouraging the City to support
pollinator gardens and the keeping of bees within residential neighborhoods. Bees are defined
as a farm animal by Section 11-2-3 of the Zoning Ordinance and would be allowed to be kept on
any farms within the City. Consideration of allowing the keeping of bees within residential
neighborhoods would require amendment of the Zoning Ordinance and establishment of
performance standards.
The sixth-graders made a presentation to the Planning Commission at the 5 January 2017 work
session, following which our office was directed to research bee keeping ordinances for Eagan,
Edina, and Minneapolis. The Eagan ordinance allows keeping of bees only within agricultural
zoning districts on parcels larger than five acres in area. Edina and Minneapolis allow keeping
of bees in all residential areas and regulate the density of the bee colony and location of the
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bee hives through setbacks and performance standards. Edina and Minneapolis use a
permitting process to administer bee keeping, including notification requirements to
surrounding property owners within 200 feet. As the bee keeping would be regulated as an
accessory land use in Lakeville, an interim use permit approach is appropriate and provides
opportunity to establish necessary performance standards, notification requirements for
surrounding properties and administrative processes.
Draft language allowing the keeping of bees accessory to a single family dwelling is outlined
below based on the Edina and Minneapolis bee ordinances. The sixth-graders were again in
attendance at the 2 March 2017 Planning Commission work session and discussed the
proposed rules with the Commissioners. The group all felt that the proposed language was a
good start in allowing bee keeping in Lakeville. The City Council also supported the allowance
of bee keeping as outlined by the draft language and acknowledged the contribution of the
sixth-graders in bringing this issue forward to the City.
Based on the discussion at the City Council work session on 27 March 2017, City staff has added
a provision requiring the yard in which the bees are kept be fenced. The fence serves two
purposes. First, the fence limits access to the yard where the bee hives are for safety
purposes. Second the fence will create a physical barrier that makes the bees elevate as they
leave the property, which bee experts indicate will minimize opportunities for interaction with
people.
D. With the exception of In addition to the keeping of animals allowed
by subsections A, B, and C of this section, no other animals are
allowed except keeping of the following animals shall be allowed by
interim use permit as regulated under the provisions of chapter 5 of
this title:
1. Raptors within the A-P and RA Districts, provided that:
a. The property owner shall reside upon the property as
their primary residence.
b. The property owner shall provide and maintain with
the City documentation that they process a valid
permit issued by the Department of Natural
Resources for keeping of the raptor.
c. There shall not be more than two (2) raptors kept
upon the property at any time.
d. Habitat for the raptor shall be subject to the provisions
for accessory buildings established by Section 18 of
this Title and shall comply with applicable
requirements of the Department of Natural
Resources.
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e. The interim use permit shall terminate in accordance
with Section 11-5-7 of this Title or upon any of the
following events, whichever occurs first:
(1) The property owner ceases to possess a valid
permit from the Department of Natural
Resources for keeping raptors.
(2) The property owner ceases to occupy the
property as their primary residence or transfers
ownership of the property to another party.
2. Honey bees and apiaries accessory to a single family
dwelling within agriculture/rural or residential districts,
provided that:
a. Colony density. The number of colonies allowed
upon a lot shall be subject to the following limits:
Lot Area Maximum
Number
of
Colonies
<25,000sf. 2
25,000sf. < 40,000sf. 4
40,000sf. < 5ac. 6
5ac. or greater 8
b. Colony location:
(1) A hive shall be located only within a rear yard.
(2) A hive shall be setback a minimum of twenty
(20) feet from any lot line.
(3) A hive shall not encroach upon any wetland
buffer or drainage and utility easement.
c. Performance standards:
(1) The yard in which the colony is located shall
have a boundary fence constructed with solid
panels to a minimum height of four (4) feet,
and subject to Section 11-21-5 of this Title for
lots within residential districts.
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(2) Honeybee colonies shall be kept in hives with
removable frames, which frames shall be kept
in sound and usable condition.
(3) Each colony on the apiary site shall be
provided with a convenient source of water
located on the apiary site so long as colonies
remain active outside the hive.
(4) Materials from a hive or colony which might
encourage the presence of honeybees, such
as wax comb, shall be promptly disposed of in
a sealed container or placed within a building
or other bee-proof enclosure.
(5) For each colony permitted to be maintained
under this section, there may also be
maintained upon the same apiary site, one
nucleus colony in a hive structure not to
exceed one standard 9 5/8 inch depth ten-
frame hive body, with no supers.
(6) Beekeeping equipment shall be maintained in
good condition. Unused beekeeping
equipment must be protected to prevent
occupancy by swarming honeybees.
(7) Hives shall be continuously managed to
provide adequate living space for their
resident honeybees in order to control
swarming.
(8) In any instance in which a colony exhibits
unusual aggressive behavior, it shall be the
duty of the beekeeper to promptly implement
appropriate actions to address the behavior. If
requeening is required, queens shall be
selected from European stock bred for
gentleness and non-swarming characteristics.
(9) Fruit trees and other flowering trees, which
are located on an apiary site, shall not be
sprayed, while in full bloom, with any
substance which is injurious to honeybees.
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d. Inspection. The premises for which an interim permit
is issued in accordance with this Section shall at all
reasonable times be open to inspection by
Community Service Officers, the Zoning Administrator
or other City official to determine compliance with the
requirements of the permit, this Section or other
provisions of the Zoning Ordinance and City Code
relating to public health, safety and welfare.
e. Termination. The interim use permit shall terminate in
accordance with Section 11-5-7 of this Title or the
transfer of ownership of the property to another party.
The allowance of bee keeping would also require the following definitions be included in
Section 11-2-3 of the Zoning Ordinance:
• APIARY: The assembly of one or more colonies of honeybees on a
single lot.
• APIARY SITE: The lot upon which an apiary is located.
• BEEKEEPER: A person who: (i) is a resident of the City who owns or has
charge of one or more apiaries of honeybees; and (ii) any person who
owns or controls a lot on which a colony is located.
• BEEKEEPING EQUIPMENT: Anything used in the operation of an
Apiary, such as hive bodies, supers, frames, top and bottom boards and
extractor.
• COLONY: An aggregate of honeybees consisting principally of workers,
but having, when perfect, one queen and at times drones, brood, combs,
and honey.
• HIVE: The receptacle inhabited by a colony.
• HONEYBEE: All life stages of the common domestic honeybee, Apis
mellifera species.
• NUCLEUS COLONY: A small quantity of honeybees with a queen
housed in a smaller than usual hive box designed for a particular
purpose, and containing no supers.
• SUPER: That part of a honeybee hive used to collect honey.
• SWARMING: The natural process where a queen bee leaves a colony
with a large group of worker bees.
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• UNUSUAL AGGRESSIVE BEHAVIOR: Any instance in which unusual
aggressive characteristics such as stinging without provocation or
attacking without provocation occurs.
CONCLUSION
Our office has drafted an ordinance amending the Zoning Ordinance based on the draft
language outlined herein as directed by the Planning Commission and City Council. Our office
and City staff recommend approval of the proposed Zoning Ordinance amendments as
presented.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Frank Dempsey, Associate Planner
Kris Jenson, Associate Planner
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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 ORDAINS:
Section 1. Section 11-2-3 of the Lakeville City Code (Definitions) is hereby
amended to include the following definitions:
BEE KEEPING RELATED:
A. APIARY: The assembly of one or more colonies of honeybees on
a single lot.
B. APIARY SITE: The lot upon which an apiary is located.
C. BEEKEEPER: A person who: (i) is a resident of the City who owns
or has charge of one or more apiaries of honeybees; and (ii) any
person who owns or controls a lot on which a colony is located.
D. BEEKEEPING EQUIPMENT: Anything used in the operation of an
Apiary, such as hive bodies, supers, frames, top and bottom
boards and extractor.
E. COLONY: An aggregate of honeybees consisting principally of
workers, but having, when perfect, one queen and at times
drones, brood, combs, and honey.
F. HIVE: The receptacle inhabited by a colony.
G. HONEYBEE: All life stages of the common domestic honeybee,
Apis mellifera species.
H. NUCLEUS COLONY: A small quantity of honeybees with a queen
housed in a smaller than usual hive box designed for a particular
purpose, and containing no supers.
I. SUPER: That part of a honeybee hive used to collect honey.
J. SWARMING: The natural process where a queen bee leaves a
colony with a large group of worker bees.
EXHIBIT F
K. UNUSUAL AGGRESSIVE BEHAVIOR: Any instance in which
unusual aggressive characteristics such as stinging without
provocation or attacking without provocation occurs.
Section 2. Section 11-15-9.C of the Lakeville City Code (Nonconforming Lots) is
hereby amended to read as follows:
C. Vacant Or Redeveloped Lots: Except in environmental protection
districts established in chapter 45 of this title, legal, nonconforming,
vacant lots of record may be developed for single-family detached
dwellings upon approval of a conditional use permit, provided that:
1. Legally Established: The lot in question was legally
established in accordance with requirements of this Title.
2. Allowed Use: Single-family residential dwellings are an
allowed use within the base zoning district.
3. Minimum Lot Size:
a. Sewered Lots: A legal nonconforming lot having direct
access, as determined by the City Engineer, to
municipal sewer shall be considered buildable
provided measurements for lot area and/or width
meet minimum requirements or are sixty six percent
(66%) of the requirement of the base zoning district.
b. Unsewered Lots: A legal nonconforming lot not having
access to municipal sewer shall be considered
buildable provided it complies with section 11-17-
19 of this Title.
c. Shoreland Overlay District: The lot shall not have
more than twenty five percent (25%) impervious
surface if located within the shoreland overlay district.
4. Access: The lot in question has frontage on and will directly
access an improved public street.
5. Health Concerns: Public health concerns (potable water and
sanitary sewer) can be adequately addressed.
6. Setback And Yard Requirements: The setback and yard
requirements of the base zoning district can be achieved
while simultaneously resulting in development which
complies with the character and general design of the
2
immediate area and the objectives of the comprehensive
plan and this Title.
Section 3. Section 11-17-9.B.2 of the Lakeville City Code (Building Type and
Construction) is hereby amended to read as follows:
2. Grade B:
a. Specialty concrete block such as textured, burnished
block or rock faced block with integral color or stain
exceeding ASTM G154.
b. Architecturally precast concrete panels having an
exposed aggregate, light sandblast, acid etch, form
liner, smooth as cast, tooled, natural stone veneer,
brick face and/or cast stone type finish.
c. Masonry stucco.
d. Ceramic.
Section 4. Section 11-17-9.B.4 of the Lakeville City Code (Building Type and
Construction) is hereby amended to read as follows:
4. Grade D:
a. Smooth as cast concrete block.
b. Smooth scored concrete block.
c. Glass block.
d. Wood provided that the surfaces are finished for
exterior use or the wood is of proven durability for
exterior use, such as cedar, redwood or cypress.
Section 5. Section 11-17-9.D.2.a of the Lakeville City Code (Building Type and
Construction) is hereby amended to read as follows:
a. The exterior building finish shall be composed of at
least sixty five percent (65%) grade A materials
and/or architecturally precast concrete panels with a
form liner, smooth as cast, tooled, natural stone
veneer, brick face and/or cast stone type finish, not
more than thirty five percent (35%) other grade B and
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grade C materials and not more than ten percent
(10%) grade D materials.
Section 6. Section 11-17-19.A.2 of the Lakeville City Code (Minimum Lot Area;
Unsewered Lots) is hereby amended to read as follows:
2. The minimum lot size of ten (10) acres shall not apply to smaller
separate parcels of record in separate ownership existing prior to
January 1, 1984, provided that they comply with minimum
standards for the district in which they are located or Chapter 15 of
this Title and that it can be demonstrated by means satisfactory to
the City that the smaller parcels will not result in groundwater, soil
or other contamination which may endanger the public health.
Section 7. Section 11-18-7.A of the Lakeville City Code (Single Family Attached
and Detached Accessory Uses) is hereby amended to read as follows:
A. Number Allowed:
1. There shall not be more than one (1) detached accessory
building on a lot in addition to one (1) attached or detached
garage.
2. One (1) play equipment structure, open-sided structure, or
gazebo enclosed only by screening or clear windows having
a footprint less than two hundred (200) square feet shall be
allowed in addition to the number of accessory buildings
allowed by Section 11-18-7.A.1 of this Chapter.
3. Accessory buildings greater than allowed by this Section
may be allowed by approval of a conditional use permit.
Section 8. Section 11-19-13 of the Lakeville City Code (Off-Street Parking
Requirements– Number of Spaces Required) is hereby amended to repeal the following
provision:
Restaurant, drive-in or convenience food 1 space per 15 square feet of gross
floor area designated for patron
queuing, but not less than 15 spaces
plus 1 space per 40 square feet of
dining area and 1 space for each 80
square feet of kitchen area.
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Section 9. Section 11-19-13 of the Lakeville City Code (Off-Street Parking
Requirements– Number of Spaces Required) is hereby amended to add the following
provisions:
Commercial/Industrial:
Fast Food Restaurant with or without
drive through
1 space per 70 square feet.
Coffee/doughnut shop with or without
drive through
1 space per 50 square feet.
Section 10. Section 11-27-3 of the Lakeville City Code (Model Homes) is hereby
amended to read as follows:
11-27-3: QUALIFICATION: A building permit may be issued for a
model home upon approval and recording of a final plat, provided that:
A. The number of model homes within the final plat shall not exceed:
1. Prior to completion of public infrastructure improvements
provided that at least a maintainable Class 5 aggregate
base, structurally sufficient to allow public safety access to
each building site approved by the City Engineer is installed
prior to issuance of a building permit:
a. One (1) building per homebuilder or the following,
whichever is greater:
(1) Plats with less than 40 lots: 2 model homes
(2) Plats with 40 lots or more: 3 model homes
b. Construction of more than one model home allowed
under this subsection shall require the buildings be
located on abutting lots.
2. After completion of public infrastructure improvements
(including a first lift of asphalt) approved by the City
Engineer: Three (3) buildings or ten percent (10%) of the
lots within the final plat, whichever is greater.
B. No certificate of occupancy shall be issued for a model home until
the public infrastructure improvements including the first lift of
asphalt have been completed and approved by the City Engineer.
Section 10. Section 11-35-3.D of the Lakeville City Code (Animals – Keeping
Animals) is hereby amended to read as follows:
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D. In addition to the keeping of animals allowed by subsections A, B,
and C of this section, keeping of the following animals shall be
allowed by interim use permit as regulated under the provisions
of Chapter 5 of this Title:
1. Raptors within the A-P and RA Districts, provided that:
a. The property owner shall reside upon the property as
their primary residence.
b. The property owner shall provide and maintain with
the City documentation that they process a valid
permit issued by the Department of Natural
Resources for keeping of the raptor.
c. There shall not be more than two (2) raptors kept
upon the property at any time.
d. Habitat for the raptor shall be subject to the provisions
for accessory buildings established by Section 18 of
this Title and shall comply with applicable
requirements of the Department of Natural
Resources.
e. The interim use permit shall terminate in accordance
with Section 11-5-7 of this Title or upon any of the
following events, whichever occurs first:
(1) The property owner ceases to possess a valid
permit from the Department of Natural
Resources for keeping raptors.
(2) The property owner ceases to occupy the
property as their primary residence or transfers
ownership of the property to another party.
2. Honey bees and apiaries accessory to a single family
dwelling within agriculture/rural or residential districts,
provided that:
a. Colony density. The number of colonies allowed
upon a lot shall be subject to the following limits:
Lot Area Maximum
Number
of
Colonies
<25,000sf. 2
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25,000sf. < 40,000sf. 4
40,000sf. < 5ac. 6
5ac. or greater 8
b. Colony location:
(1) A hive shall be located only within a rear yard.
(2) A hive shall be setback a minimum of twenty
(20) feet from any lot line.
(3) A hive shall not encroach upon any wetland
buffer or drainage and utility easement.
c. Performance standards:
(1) The yard in which the colony is located shall
have a boundary fence constructed with solid
panels to a minimum height of four (4) feet,
and subject to Section 11-21-5 of this Title for
lots within residential districts.
(2) Honeybee colonies shall be kept in hives with
removable frames, which frames shall be kept
in sound and usable condition.
(3) Each colony on the apiary site shall be
provided with a convenient source of water
located on the apiary site so long as colonies
remain active outside the hive.
(4) Materials from a hive or colony which might
encourage the presence of honeybees, such
as wax comb, shall be promptly disposed of in
a sealed container or placed within a building
or other bee-proof enclosure.
(5) For each colony permitted to be maintained
under this section, there may also be
maintained upon the same apiary site, one
nucleus colony in a hive structure not to
exceed one standard 9 5/8 inch depth ten-
frame hive body, with no supers.
(6) Beekeeping equipment shall be maintained in
good condition. Unused beekeeping
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equipment must be protected to prevent
occupancy by swarming honeybees.
(7) Hives shall be continuously managed to
provide adequate living space for their
resident honeybees in order to control
swarming.
(8) In any instance in which a colony exhibits
unusual aggressive behavior, it shall be the
duty of the beekeeper to promptly implement
appropriate actions to address the behavior. If
requeening is required, queens shall be
selected from European stock bred for
gentleness and non-swarming characteristics.
(9) Fruit trees and other flowering trees, which
are located on an apiary site, shall not be
sprayed, while in full bloom, with any
substance which is injurious to honeybees.
d. Inspection. The premises for which an interim permit
is issued in accordance with this Section shall at all
reasonable times be open to inspection by
Community Service Officers, the Zoning Administrator
or other City official to determine compliance with the
requirements of the permit, this Section or other
provisions of the Zoning Ordinance and City Code
relating to public health, safety and welfare.
e. Termination. The interim use permit shall terminate in
accordance with Section 11-5-7 of this Title or the
transfer of ownership of the property to another party.
Section 11. Section 11-35-3 of the Lakeville City Code (Animals – Keeping of
Animals) is hereby amended to include the following provision:
H. Prohibited Animals. The following animals shall not be kept within the
City, except as associated with a zoo program licensed by the State for a
period of not longer than thirty (30) days:
1. Any member of the cat family (felidae) including, but not
limited to, lions, tigers, cougars, bobcats, leopards and
jaguars, but excluding those recognized as domesticated
house cats.
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2. Any naturally wild member of the canine family (canidae)
including, but not limited to, wolves, foxes, coyotes,
dingoes, and jackals, but excluding those recognized as
domesticated dogs.
3. Any hybrid or crossbreeds between an animal defined in
Subsections H.1 or H.2 and a domestic animal and
offspring from all subsequent generations of those hybrids
or crosses, such as the crossbreed between a wolf and a
dog.
4. Any member or relative of the rodent family including any
skunk (whether or not descented), raccoon, or squirrel, but
excluding those members otherwise defined or commonly
accepted as domesticated pets.
5. Any poisonous, venomous, constricting, or inherently
dangerous member of the reptile or amphibian families
including, but not limited to, rattlesnakes, boa constrictors,
pit vipers, crocodiles and alligators.
6. Any other animal that is not explicitly listed above but which
can be reasonably defined by the terms of this section
including, but not limited to, bear, deer, non-human
primates, and game fish.
Section 12. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this _____ day of
___________, 2017.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk
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