HomeMy WebLinkAboutItem 3City of Lakeville
Community & Economic Development
Memorandum
To: Mayor and City Council
Justin Miller, City Administrator
From: Daryl Morey, Planning Director
Date: June 20, 2019
Subject: June 24, 2019 City Council Work Session
2019 Zoning Ordinance Update, Phase 1
At their June 6, 2019 work session, the Planning Commission discussed possible amendments
to the Zoning Ordinance as part of their annual Zoning Ordinance Update process. The
Planning Commission requested direction from the City Council on two of the topics
discussed at the work session, storm shelters and dynamic display signs, prior to holding a
public hearing to amend the Zoning Ordinance.
• The Planning Commission recommends that storm shelters continue to be required
for slab on grade residential buildings, but they are willing to consider options besides
the bathroom or laundry room to meet the storm shelter requirement.
• Given a request from All Saints Catholic Church, the Planning Commission generally
supports the allowance of dynamic display signs for institutional uses in residential
districts, subject to meeting certain performance standards to minimize impacts on
adjacent residential uses.
The attached memorandum dated June 19, 2019 from Planning Consultant Daniel Licht
explains both of these discussion topics in greater detail. Mr. Licht will present these two
discussion items at the June 24th work session.
Action Requested:
Provide direction to City staff and the Planning Commission regarding additional residential
storm shelter options and the allowance of dynamic display signs for institutional uses in
residential districts.
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 19 June 2019
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. The review of the City’s development regulations for 2019 is to
be undertaken in two phases. The first phase will address a general review of issues identified
in the course of ongoing administration of the City’s development regulations and review of
development applications. A second phase of work will involve legislating ordinance
amendments required to implement the 2040 Lakeville Comprehensive Plan.
A work session was held by the Planning Commission on 6 June 2019 to discuss the list of Phase
1 topics compiled by City staff during 2018 and to provide direction to City staff as to possible
amendments. As part of their discussion, the Planning Commission suggested advising the City
Council as to the issues related to dynamic display signs and storm shelters. City staff will
present these topics for discussion by the City Council at their work session on 24 June 2019.
Exhibits:
Letter on behalf of All Saints Catholic Church dated April 10, 2019
ANALYSIS
Storm Shelter. The greatest weather-related risk for life and property in Lakeville is from
severe storms, and specifically a tornado. A basement within a dwelling does not insure
maximum protection for occupants. Conditions occurring during the most severe storm or
tornado events may cause a structural collapse of the building into the basement that results in
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injury or death for people seeking shelter in these locations. However, seeking shelter in a
basement is generally considered to be an acceptable level of protection in this area.
City staff provided information regarding Federal Emergency Management Guidelines for storm
shelters for discussion as part of a Zoning Ordinance update in 2000. A storm shelter is not
required by the Building Code. However, establishment of a requirement for a storm shelter to
be installed is within the authority of the City to protect public health, safety and welfare as
stated in Section 11-1-1.B of the Zoning Ordinance. The City of Lakeville has required
construction of an interior room such as a bathroom or laundry room as a storm shelter
meeting FEMA requirements within slab-on-grade dwellings since 2000. The City of Hugo
discussed a storm shelter requirement after a tornado struck the City in 2009, but makes
provision of a storm shelter optional for the initial buyer. The only other City within Minnesota
that requires a storm shelter for slab-on-grade homes is Otsego.
City staff has received comments from developers, particularly since the Great Recession in the
latter part of the prior decade, that the storm shelter requirement is prohibitive from a cost
standpoint and not desired by buyers. The Building Department does not track the number of
dwelling units that have been constructed with a storm shelter, but the indication that City staff
receives from developers is that they typically elect to construct dwellings with split entries or
basements that do not require the storm shelter. City staff is requesting the City Council
discuss the storm shelter requirement and possible alternatives such as allowance of:
Reinforced areas of refuge within an attached garage.
Use of a prefabricated above-grade storm shelter unit that would be installed within an
attached garage. The area of the attached garage would be required to be increased to
accommodate the storm shelter without impacting area for parking vehicles.
Use of a prefabricated below grade storm shelter that would be installed within the
garage floor with provisions addressing access and clearances.
Use of community buildings within developments such as Spirit of Brandtjen Farm or
Avonlea as areas of refuge.
Eliminate the requirement that storm shelters internal to the dwelling can only be
provided in a bathroom or laundry room.
Modifying the storm shelter requirement such that builders are required to offer buyers
the option of constructing a storm shelter within slab-on-grade dwellings. Our office
recommends that there is no distinction between an amendment repealing the storm
shelter requirement and a regulation making it optional as the option to provide a storm
shelter already exists in the absence of a requirement that one be constructed.
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The Planning Commission felt strongly that the storm shelter requirement for slab-on-grade
dwellings should be maintained. However, they were also open to consideration of
construction or installation options as outlined above to provide builders greater flexibility to
comply with the storm shelter requirement.
Dynamic Display Signs. A letter has been submitted on behalf of All Saints Catholic Church
requesting that the City consider amending the Zoning Ordinance to allow their property a
larger sign that incorporates a dynamic display. All Saints Catholic Church is located within a
RM-1 District with two accesses to Holyoke Avenue. Section 11-23-19.B.1.a of the Zoning
Ordinance allows 1 freestanding monument sign up to 100 square feet in area, which may
include 40 square feet of non-electronic changeable copy, and up to 10 feet in height at each
site entrance from a collector or arterial street.
Section 11-23-15.T of the Zoning Ordinance allows for use of dynamic display signs on
properties zoned C-2, C-3, or P-OS District. Freestanding signs within commercial districts and
the P-OS District are limited to 100 square feet except within the I-35 corridor, so the area of
the sign allowed All Saints Catholic Church is not more restrictive under RM-1 District
requirements. The basis of allowing dynamic display signs by Zoning District is to insure a
legally sound time/place regulation and avoid possible land use compatibility issues for dynamic
display signs within residential areas.
The request from All Saints Catholic Church would involve amending the Zoning Ordinance to
make allowance for dynamic display signs for non-residential uses within residential zoning
districts that would potentially include religious facilities, schools, daycare uses, golf courses,
and government uses or parks operated by agencies other than the City of Lakeville. The
Planning Commission was generally supportive of an amendment to allow for use of dynamic
display signs for institutional uses meeting a minimum lot area requirement and placement of
the sign only in yards abutting major collector or arterial streets.
CONCLUSION
City staff is providing the information outlined herein as a summary of the issues related to
storm shelters and dynamic display signs to be reviewed by the Planning Commission and City
Council during Phase 1 of the 2019 update of the City’s development regulations. City staff is
seeking direction from the City Council as to possible amendments for each regulation. Based
on this direction from the City Council and prior discussion by the Planning Commission, City
staff will proceed to draft language amending the City’s development regulations for further
review in advance of a public hearing being scheduled.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Andrea McDowell-Poehler, City Attorney