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HomeMy WebLinkAbout1006ORDINANCE NO. 1006 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR THE (NEST PART OF SOUTHFORK IST ADDITION THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The legal description of the property included in the PUD District shall be as described by Exhibit A. Section 2. Zoning Map Amendment. The property is hereby rezoned from C-3, General Commercial District to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. Section 3. Allowed Uses. The allowed uses within the PUD District shall include the following uses as provided for and subject to the approval process as required within the C-3 District: A. Permitted uses: 1. Bank, savings and loan, savings credit unions and other financial institutions. 2. Commercial recreation, indoor. 3. Community preschool, latchkey and adult education facilities. 4. Funeral homes and mortuaries. 5. Governmental and public utility buildings and structures; city of Lakeville only. 6. Instructional classes. 7. Office businesses. 8. Pawnshops. 9. Retail businesses. 10. Service businesses, on and off site. 11. Sexually oriented uses, principal. 1 12. Tattoo parlors. 13. Data centers. 14. Fitness centers and health clubs. B. Permitted accessory uses: 1. Fences as regulated by Chapter 21 of the Zoning Ordinance. 2. Ground source heat pump systems as regulated by Chapter 29 of the Zoning Ordinance. 3. Off street loading as regulated by Chapter 20 of the Zoning Ordinance. 4. Off street parking as regulated by Chapter 19 of the Zoning Ordinance, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours, and Section 4 of this Ordinance. 5. Satellite TVROs as regulated by Chapter 30 of the Zoning Ordinance. 6. Secondary or accessory use antennas or satellites as regulated by Chapter 30 of the Zoning Ordinance. 7. Sexually oriented uses, accessory. 8. Signs as regulated by Chapter 23 of the Zoning Ordinance. 9. Solar energy systems as regulated by Chapter 29 of the Zoning Ordinance. C. Conditional uses. 1. Bottled gas sales outside of activities included with motor fuel sales. 2. Commercial car washes (drive-through, mechanical and self-service) 3. Daycare facilities as a principal use provided that the use complies with the provisions of Chapter 31 of the Zoning Ordinance. 4. Essential services involving transmission pipelines and transmission or substation lines in excess of thirty three kilovolts (33 kV) and up to one hundred kilovolts (100 kV), as regulated by Chapter 26 of the Zoning Ordinance. 5. Governmental and public utility buildings and structures; other than City of Lakeville. 6 Nursing homes, residential care facilities, continuing care retirement communities and senior housing with services establishments licensed by the Minnesota Department of Health. 2 7. Personal wireless service antennas not located on an existing structure or tower, as regulated by Chapter 30 of the Zoning Ordinance. 8. Pet shops which may include pet grooming, pet supplies, and/or pet accessories. 9. Principal building height of up to six (6) stories or sixty five feet (65'), whichever is less. 10. Veterinary clinics. 11. Commercial boarding or kenneling of domestic animals. D. Interim uses: 1. WECS exceeding the height limit of this district, as regulated by Chapter 29 of the Zoning Ordinance. E. Uses by administrative permit: 1. Essential services, except transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by Chapter 26 of the Zoning Ordinance. 2. Personal wireless service antennas located upon an existing structure or tower or temporary mobile tower as regulated by Chapter 30 of the Zoning Ordinance. 3. Temporary, outdoor promotional events and sales. 4. Temporary structures as regulated by Chapter 28 of the Zoning Ordinance. 5. WECS that comply with the height limit of this district, as regulated by Chapter 29 of the Zoning Ordinance. 6. Daycare facilities as an accessory use provided that the use complies with the provisions of Chapter 31 of the Zoning Ordinance. Section 4. Performance Standards. Uses within the PUD District shall be subject to the performance standards applicable to uses developed within the C-3 District, subject to the following modifications: A. Any change of occupancy of a principal building, including expansion of a principal building, within the PUD District shall require approval of an administrative permit in accordance with Section 8 of the Zoning Ordinance subject to the provisions outlined in this section of this Ordinance. B. Occupancy of a principal building within the PUD District shall only be allowed if the available supply of off-street parking stalls is equal to or greater than the peak parking demand as determined by the Zoning Administrator. 3 C. Uses within the PUD District shall provide for a minimum number of off-street parking stalls by ownership, easement, and/or lease calculated as follows: 1. As required for the uses specified with Section 11-19-13 of the Zoning Ordinance; or, 2. As determined by the Zoning Administrator subject to the following criteria: a. The developer shall demonstrate that the use will have a peak parking demand less than the number of parking stalls required by Section 11-19-13 of the Zoning Ordinance. b. The calculation of peak parking demand shall be based upon, but not limited to: (1) Preparation of a parking demand study prepared specifically for the proposed use of the subject site. (2) Reference to generalized parking demand studies of the same or similar uses prepared by a professional organization in a related technical field, such as the Institute of Transportation Engineers or American Planning Association. 3. Disability accessible parking stalls shall be provided as required by Section 11-19-7.E of the Zoning Ordinance. D. Minimum number of off- street parking stalls required for the property described in Section 1 of this Ordinance: 1. A minimum of two hundred fifteen (215) off-street parking stalls shall be provided on the subject site, at a location to be determined by the Zoning Administrator, before June 30, 2019. 2. A financial security equal to one hundred twenty-five (125) percent of the estimated cost of construction, as determined by the City Engineer, of additional off-street parking areas required to comply with Section 4.D.1 of this ordinance shall be submitted to the City prior to issuance of a building permit for any interior construction within the principal building. E. Parking areas, including parking stalls, drive aisles, and loading areas, existing on lots within the PUD District as of December 3, 2018 shall not be altered, nor shall any lease expire or terminate, sale of land, or subdivision of a lot, occur that reduces the area necessary for off-street parking as required by this Section of this ordinance or the Zoning Ordinance. Section 5. Lot Requirements. Lots within the PUD District shall be subject to the minimum lot area, lot width, and setback requirements applicable to lots within the C- 3 District. 4 Section 6. Amendments. Modification of the allowed uses, performance standards, and lot requirements established by this PUD District or the inclusion of additional lands within this PUD District shall be processed in accordance with Section 11- 96-21 of the Zoning Ordinance. Section 7. Zoning Map. The Zoning Map of the City of Lakeville shall not be republished to show the aforesaid Zoning Map amendment, but the City Clerk shall appropriately mark the Zoning Map on file in the City Clerk's office for the purpose of indicating the amendment hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 8. Effective Date. This Ordinance shall be effective upon its passage and publication. ADOPTED by the Lakeville City Council this 3rd day of December 2018 ATTEST BY: C Charlene Friedges, Cit. erk CITY OF LAKEVILLE 5 EXHIBIT A All that part of Lot 1, Block 1, SOUTHFORK CENTER 1 ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly of the following described line: Commencing at the northwest corner of said Lot 1; thence North 67 degrees 28 minutes 40 seconds East, assumed bearing along the north line of said Lot 1, a distance of 154.78 feet; thence continuing along said north line along a tangential curve concave to the south having a central angle of 22 degrees 52 minutes 25 seconds, a radius of 528.45 feet, an arc length of 210.97 feet; thence continuing along said north line South 89 degrees 38 minutes 55 seconds East, along tangent, a distance of 143.86 feet to the point of beginning of the line to be described; thence South 02 degrees 23 minutes 38 seconds West a distance of 238.19 feet; thence South 25 degrees 06 minutes 14 seconds East a distance of 298.57 feet; thence South 00 degrees 33 minutes 50 seconds West a distance of 91.23 feet to the South line of said Lot 1 and there terminating. 2 SUMMARY ORDINANCE NO. 1006 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR THE WEST PART OF SOUTHFORK IST ADDITION This ordinance includes the following sections: Section 1. Legal Description Section 2. Zoning Map Amendment Section 3. Allowed Uses Section 4. Performance Standards Section 5. Lot Requirements Section 6. Amendments Section 7. Zoning Map Section 8. Effective Date A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 3rd day of December 2018 CITY OF LAKEVILLE BY: Douglas . Anderson, Mayor ATTEST: Charlene Friedges, City