HomeMy WebLinkAboutItem 08
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 31 May 2018
RE: Lakeville – Zoning Ordinance; Annual Review
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.
An initial work session was held on 15 February 2018 to discuss the list of topics compiled by
City staff during 2017 and receive direction from the Planning Commission as to possible
amendments. Action on a number of items was deferred with City staff requested to provide
additional information that was discussed at another work session on 3 May 2018.
Exhibits:
Draft ordinance amendment
3 May 2018 Planning Commission Work Session Minutes
Survey of urban chicken regulations
University of Minnesota Backyard Chicken Information
ANALYSIS
Urban Chickens. The City continues to receive requests from residents wishing to keep
chickens upon urban residential properties. Keeping of chickens, defined as farm animals, is
currently only allowed on farm properties in the AP, Agricultural Preserve District, RA, Rural
Agricultural District, or the RAO, Rural Agricultural Overlay District.
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City staff updated research completed in March 2014 of cities in the Twin Cities Metropolitan
Area that are adjacent to or similar in character to Lakeville in regard to population and growth
characteristics. This research shows there are a variety of rules and regulations pertaining to
the keeping of chickens in residential areas. Of the 10 cities studied, seven allow keeping urban
chickens (Eden Prairie approved keeping of urban chickens in 2014). Three cities do not allow
the keeping of chickens outside of rural residential or farm properties, including Plymouth,
which was added to the survey as part this current review of the issue.
City staff in 2014 provided the Planning Commission and City Council with language for a
proposed amendment to the Zoning Ordinance to allow keeping of chickens by administrative
permit on urban single family properties within the RS-1, RS-2, RS-3, RS-4, RS-CBD, RST-1 and
RST-2 Districts. The Planning Commission continues to have concerns about allowing chickens
within residential districts. If keeping of chickens is to be allowed, the Planning Commission’s
recommendation is that the number of chickens be limited to three hens and that
comprehensive performance standards be adopted. The Planning Commission also indicated a
willingness to review the number of hens allowed and performance standards as part of future
Zoning Ordinance updates as necessary based on actual implementation and administration of
the proposed ordinance, if approved by the City Council.
The key provisions of the proposed Zoning Ordinance amendment pertaining to the keeping of
chickens are as follows:
The administrative permit would be valid for one year and eligible for renewal with an
application submitted 30 days prior to expiration of the current permit.
The owner of the chickens must be an occupant of the property to which the
administrative permit is issued.
A maximum of three hens are allowed and roosters are prohibited. The chickens must
be kept within a coop from sunset to sunrise to prevent attracting predators and
minimize nuisance noise issues.
A coop constructed out of wood materials with a minimum of two square feet of area
per chicken is required with a maximum size of 32 square feet. An attached run
enclosed by fencing must also be provided with a maximum area of 20 square feet.
The coop and run must be in a rear yard, setback 20 feet from all lot lines, located closer
to the owner’s dwelling than any other dwelling, not within a drainage and utility
easement, and screened from view of adjacent properties.
Feed and waste must be maintained so as not to cause nuisance conditions, attract
vermin or create any other risk to public health safety and welfare.
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Chickens cannot be kept for breeding purposes, eggs cannot be sold, and the chickens
cannot be slaughtered on the property.
The provisions include an inspection requirement allowing the City Community Service
Officer, Zoning Administrator or other official access to the property to verify
compliance.
Motor Salvage Auctions. The City has been approached in the past regarding development of
a large site as a motor vehicle salvage auction location on properties zoned I-2, General
Industrial District. Such a use involves outdoor storage of damaged, inoperable, or salvage
motor vehicles being sold at retail or wholesale by insurance companies. Chapter 6, Section 2
regulates junked/dismantled motor vehicles within the City including a definition of an
automobile graveyard and junk motor vehicle together with performance standards that
include compliance with the Zoning Ordinance and a prohibition on outdoor storage.
However, as Section 11-87-9.B of the Zoning Ordinance allows outdoor storage as a principal
use within the I-2 District by approval of an interim use permit, the City Attorney has advised
that an auto salvage auction would be considered under this provision.
In that development of a motor vehicle salvage auction would not be consistent with the City’s
economic development goals to increase employment opportunities, expand tax base and that
the use has potential negative effects to the environment or surrounding properties, City staff
is recommending the Zoning Ordinance address this use more specifically. It is recommended
that the Zoning Ordinance (and City Code) be updated to include a definition of motor vehicle
salvage yards that includes auction activities. The use would not be listed as a permitted,
conditional or interim use within any zoning district making it prohibited in accordance with
Section 11-1-9 of the Zoning Ordinance. We further recommend that the allowance of outdoor
storage as a principal use be amended to state that the provision applies only to uses not
specifically defined by the Zoning Ordinance to close an unintended loop hole. The Planning
Commission discussed making allowance for auto salvage businesses but limiting the use to
indoor activities only. City staff discussed this concept further but does not recommend this
approach to address this type of business.
CONCLUSION
The Planning Commission will consider the proposed amendments outlined on the attached
draft City Code/Zoning Ordinance amendment at public hearing to be held on 7 June 2018. City
staff recommends approval of the proposed amendments as presented.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Zachary Johnson, City Engineer
Andrea McDowell-Poehler, City Attorney
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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 ORDAINS:
Section 1. Section 4-1-6 of the Lakeville City Code (Nuisances – Public Nuisances
Defined) is hereby amended to add the following definition:
JUNK MOTOR VEHICLES: The keeping of junk motor vehicles defined by
and except as allowed by this Code is hereby declared to be a nuisance
subject to administrative, civil, and/or criminal enforcement actions by the
City.
Section 2. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is
hereby amended to add the following definitions:
MOTOR VEHICLE SALVAGE YARD: Any tract of land upon which two (2)
or more junk motor vehicles are kept and shall include any building,
structure, or enclosure used or intended for use as part of the equipment of
such motor vehicle salvage yard, including uses involved in wholesale or
retail sale or auction of junk motor vehicles or junk motor vehicle parts.
JUNK MOTOR VEHICLE: Any motor vehicle which is not in a condition for
legal operation upon public streets or is partially dismantled, or which is
used for the sale of parts or as a source of repair or replacement parts for
other vehicles, or which is kept for scrapping, dismantling or salvage of any
kind, or which is not properly licensed for operation within the state of
Minnesota, except seasonal service vehicles, where license is required for
part of the year only.
Section 3. Section 11-35-3 of the Lakeville City Code (Keeping Animals) is hereby
amended to add the following provisions:
C. Keeping of Chickens:
1. Administrative Permit Required:
a. The keeping of chickens (defined as fowl of the genus
Gallus and species Gallus domesticus) may be allowed
upon a property developed with a single family dwelling
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within a residential zoning district subject to approval of
an administrative permit in accordance with Section 8
of this Title and the provisions of this Section.
b. The application for an administrative permit shall
include the information required by Section 11-8-3.B of
this Title and the following additional information:
(1) The number of chickens to be kept.
(2) A detailed sketch plan of the property drawn to
scale including, but not limited to, the location
and dimensions of the coop and run.
(3) Specifications for the coop and run including,
but not limited to, dimensions, exterior finish
materials and construction methods.
(4) Any other information the Zoning Administrator
deems necessary to evaluate the application for
compliance with the requirements of this
Section and the City Code.
c. An administrative permit approved in accordance with
this Section shall not be transferred to another owner
upon the sale or change in occupancy of the property
to which it is issued and shall not be transferred to
another property.
2. Performance Standards:
a. The owner of the chickens must occupy the premises
for which the administrative permit is issued.
b. Chickens:
(1) The maximum number of chickens allowed to be
kept on a property shall be three (3) chickens.
(2) The keeping of roosters is prohibited.
c. A structure for housing the chickens herein defined as
a coop and outdoor exercise area herein defined as a
run shall be provided for the keeping of chickens in
accordance with requirements for accessory buildings
in Sections 11-18-7 and fences in 11-21-5 of this Title
and the following requirements:
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(1) Area:
(a) The interior floor space of the coop shall
provide a minimum of two (2) square feet
for each chicken authorized by the
administrative permit.
(b) The coop shall not exceed thirty two (32)
square feet in area.
(2) The exterior finish of the coop shall be wood
provided that the surfaces are painted or stained
for exterior use or the wood is of proven
durability for exterior use, such as cedar,
redwood, or cypress.
(3) The coop shall be winterized so as to provide
protection for the chickens during winter.
(4) A run with sides and overhead fully enclosed by
fencing or wire mesh or netting with a minimum
area of five (5) square feet and maximum area
of twenty (20) square feet per chicken
authorized by the administrative permit shall be
provided and attached to the coop so as to
provide controlled access between the coop and
run.
(5) The construction of and materials used for the
coop and run must be adequate to prevent
access by predators and vermin.
(6) Location:
(a) The coop and run shall be located only
within a rear yard as defined by this title.
(b) The coop and run shall be setback a
minimum of twenty (20) feet from any lot
line.
(c) The coop and run shall not be located
within a drainage and utility easement.
(d) The coop and run shall be located closer
to the principal dwelling upon the
property to which the administrative
permit is issued than any other
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residential dwelling on an abutting
property.
d. Chickens shall be confined inside of a coop from
sunset to sunrise each day to prevent attracting
predators and minimize nuisance noise.
e. All feed for chickens shall be stored inside of an
enclosed structure or within a watertight and vermin
proof container.
f. Waste:
(1) The chicken coop and run shall be kept in a
sanitary and odor free condition, including the
regular and frequent removal, storage in a leak
proof container, and proper disposal of any
accumulated feces or waste that may create a
hazard to public health, safety, and welfare.
(2) Feces, discarded feed, and chicken carcasses
shall not be composted or buried upon the
property.
g. Prohibited Activities:
(1) No chicken shall be permitted to roam freely in
any area not on the premises to which an
administrative permit has been issued in
accordance with this section.
(2) Chickens shall not be kept or allowed at any
time within a residential dwelling or accessory
structure other than a coop allowed by this
section.
(3) Eggs from chickens kept upon the property to
which the administrative permit is issued are for
personal use and consumption by the
occupants and shall not be offered for sale or
sold.
(4) The slaughtering of chickens upon a residential
property is prohibited.
(5) Chickens shall not be kept for breeding
purposes.
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3. Administration and Enforcement:
a. The administrative permit shall be administered in
accordance with Section 11-8-3.D of this title.
b. The premises, including the chicken coop and run, for
which a 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 administrative permit, this section,
or other provisions of the Zoning Ordinance and City
Code relating to public health, safety, and welfare.
Section 5. Section 11-85-9.C of the Lakeville City Code (I-CBD District – Interim Uses)
is hereby amended to read as follows:
C. Outdoor storage as a principal use for uses other than those
specifically defined by this title, provided that:
1. The storage area is fenced and screened from view of
neighboring residential uses, abutting residential districts and
the public right-of-way in compliance with section 11-21-9 of
this title.
2. The storage area is surfaced with asphalt, concrete or pavers
to control dust.
3. The storage area does not take up parking space as required
for conformity to chapter 19 of this title.
4. The storage does not include any waste, except as provided
in section 11-18-11 of this title.
5. The interim use permit shall terminate upon a change of
occupancy or other date as determined by the City Council in
accordance with section 11-5-7 of this title.
Section 6. Section 11-86-9.C of the Lakeville City Code (I-1 District – Interim Uses) is
hereby amended to read as follows:
C. Outdoor storage as a principal use for uses other than those
specifically defined by this title, provided that:
1. The storage area is fenced and screened from view of
neighboring residential uses, abutting residential districts and
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the public right-of-way in compliance with section 11-21-9 of
this title.
2. The storage area is surfaced with asphalt, concrete or pavers
to control dust.
3. The storage area does not take up parking space as required
for conformity to chapter 19 of this title.
4. The storage does not include any waste, except as provided
in section 11-18-11 of this title.
5. The interim use permit shall terminate upon a change of
occupancy or other date as determined by the City Council in
accordance with section 11-5-7 of this title.
Section 7. Section 11-87-9.C of the Lakeville City Code (I-2 District – Interim Uses) is
hereby amended to read as follows:
C. Outdoor storage as a principal use for uses other than those
specifically defined by this title, provided that:
1. The storage area is fenced and screened from view of
neighboring residential uses, abutting residential districts and
the public right-of-way in compliance with section 11-21-9 of
this title.
2. The storage area is surfaced with asphalt, concrete or pavers
to control dust.
3. The storage area does not take up parking space as required
for conformity to chapter 19 of this title.
4. The storage does not include any waste, except as provided
in section 11-18-11 of this title.
5. The interim use permit shall terminate upon a change of
occupancy or other date as determined by the City Council in
accordance with section 11-5-7 of this title.
Section 8. This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this ______ day of ______________, 2018.
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CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION WORK SESSION MINUTES
May 3 , 2018
Chair Kaluza called the work session to order at 6:35 p.m.
Members Present: Chair Pat Kaluza, Vice Chair Jason Kelvie, Karl Drotning, Scott
Einck, Brooks Lillehei, Jason Swenson, and Jeff Witte
Members Absent: Ex-Officio Member Lamm
Staff Present: Planning Director Daryl Morey, Community and Economic Development
Director Dave Olson, Associate Planner Frank Dempsey, Economic Development
Specialist Kati Bachmayer, and Bryan Harjes, HKGi
Others Present: Mike Grieger
Downtown Development Guide Update
Mr. Olson introduced this agenda item by providing an outline of the process to date.
Mr. Harjes outlined the elements of the draft Downtown Development Guide (DDG),
focusing on Chapters 3 (Downtown Development Guide) and 4 (Implementation). He
noted that an initial discussion on the DDG was held with the Planning Commission at
their March 1, 2018 work session. Planning Commission comments:
• Why is the post office important to the downtown and how does the post office
affect parking downtown?
• Adequate parking is important to the vitalization of downtown.
• The possibility of private-public partnerships to provide parking downtown that
can also be utilized for public events such as Pan-O-Prog, Taste of Lakeville, and
the Arts Festival.
• If public funding is utilized for a private project, the City should expect a higher
quality design.
• What are the actual parking needs for the existing senior housing uses
downtown?
• If additional restaurants/bars are planned downtown, there needs to be adequate
parking within close proximity.
• Parking for the businesses should not encroach into and adversely impact the
surrounding residential areas.
• What is the likelihood that the Lakeville Mall will be redeveloped to a more
upscale building?
Planning Commission Work Session Minutes – May 3, 2018 Page 2
2018 Zoning Ordinance Update, Part 2 Discussion
Mr. Morey introduced the topics for discussion with the 2018 Zoning Ordinance Update,
Part 2 as described in detail in the April 25, 2018 TPC planning report. Planning
Commission comments:
• If there is continuous non-compliance with the performance standards for the
keeping of chickens, can the City revoke the administrative permit?
• Mr. Grieger requested allowing more than two chickens per property. The
Planning Commission supported increasing the number of hens allowed per
property to three.
• Concerns about large chicken coops being abandoned and used as a storage
shed and how that relates to the accessory building requirements in Chapter 18
of the Zoning Ordinance. Suggested reducing the maximum allowed coop size
to something far less than the draft’s proposed 200 square feet.
• In the past, the Planning Commission has had extensive debate about whether a
chicken is a farm animal or a pet. By allowing urban chickens, they would be
considered a pet. This could open the door to requests for other farm animals to
be considered as pets (i.e. other poultry, pigs or goats).
• While some Planning Commission members do not support allowing urban
chickens, they want the best possible performance standards in place if
approved by the City Council.
• Consideration should be given to allowing motor salvage auctions or uses in the
I-2 District by CUP provided all activities and storage occurs inside a building.
The work session adjourned at 8:30 p.m.
Respectfully submitted,
Daryl Morey, Planning Director
URBAN CHICKEN SURVEY
Regulations and
Cities
Apple
Valley
Farmington
Burnsville Eagan Bloomington Woodbury Maple
Grove
Eden Prairie Minnetonka Plymouth
Chickens
Allowed in
R Districts
No
SF and TF
Lots Only
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Hens Only (no.
allowed)
N/A
Yes (3)
Yes (4)
Yes (5)
Yes (4)
N/A
24
Yes(4)
5 /half acre
N/A
Restricted to
Coop/Run
N/A
Yes
Yes
Yes/fenced yard
Yes
N/A
N/A
Yes
Yes
N/A
Setback
Standards
N/A
One coop/run
25 ft setback to
any other home
and 10 feet
from property
lines. Max coop
ht. 6 feet. Min.
4 foot screening
fence
Coop or run min.
50 ft. from
adjacent
residential bldg.,
10 ft. from
property lines.
Not allowed in
side or front
yards
Min. 25 ft
separation from
any home. 10 ft
min side/rear
setback
Min. 50 feet from
any lot line
N/A
N/A
Side/rear yard
only, setback
minimum 10ft.
from property
line and 50ft.
from adjacent
homes
Not allowed in
front yard.
Appropriate size
required and
fencing is
required. Min.
setback of house
and not less than
10 feet.
N/A
Slaughtering
N/A
No
No
No
No
N/A
N/A
No
N/A
N/A
Min. Lot Size N/A 10,000 sf No N/A No N/A 1.0 acre N/A N/A N/A
Building Size
and
Construction
N/A
Min. 10sf per
chicken max.
6ft tall
Max. 10 sf per
chicken. Max. 6
feet tall.
Min. 2sf per
chicken, 5 sf per
run. Quality,
durable exterior
materials
required
Coop run max. 20
square feet per
bird. Max. 120 sf
and 6 feet in
height
N/A
N/A
Min.
4sf./chicken
N/A
N/A
Screening
N/A
Min. 4 ft fence
to screen
coop/run
Min. 4 foot tall
fence or
landscaping
N/A
Min. 4 foot solid
fence to screen
abutting
residential
N/A
N/A
No
No
N/A
Permit or
License Req.
N/A
Permit
License
Permit
No
N/A
No
Yes
No
N/A
Other Special
Restrictions
N/A
Owner must
reside on the
premises
None
Owner must
reside on
premises. Permit
not transferable.
Eggs for
personal
consumption
only
Single or two
family lots only.
No advertising
egg sales
N/A
1 acre min
residential or
ag properties
N/A
N/A
On rural zoned
property only
Staff
Enforcement
N/A
Annual
Inspections
Required
Animal Control
Animal Control
Zoning
Enforcement
N/A
Animal
Control
Police
Dept.
City Department
of Health
N/A
Prepared by: Frank Dempsey, Associate Planner (revised 3/14/14) / The Planning Company LLC (revised 7 February 2018)