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HomeMy WebLinkAboutItem 07 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 10 July 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 housekeeping topics compiled by City staff during 2018 for the Phase 1 review and receive direction from the Planning Commission as to possible amendments. The City Council held a work session on 24 June 2019 to discuss topics that the Planning Commission requested their input and direction on prior to proceeding to consider amendments. Exhibits:  Letter on behalf of All Saints Catholic Church dated April 10, 2019  Church, School, and City Facilities within Residential Districts  24 June 2019 draft City Council work session minutes ANALYSIS Prohibited Animals. Section 5-1-19 of the City Code and Section 11-35-3.I of the Zoning Ordinance list animals that are prohibited from being kept within the City. The City Attorney is recommending these sections be revised to indicate specifically that only those properties that 2 received approval of an interim use permit prior to the effective date of the most recent amendment to this section are allowed to keep any of the listed animals (subject to the provisions of the interim use permit). This clarification of the prohibited animals will aid City staff in the administration and enforcement of the regulations in the Zoning Ordinance and City Code. Development Fees. The City has established fees for applications required by the Subdivision Ordinance and Zoning Ordinance intended to ensure that the costs of processing development applications is borne by those making the request. The development fees address costs incurred for City staff, publication of public hearings and ordinances, recording costs, and overhead expenses. The City also charges applicants for costs incurred for planning, engineering, and legal expenses for the review of development applications and administration of approved development plans, permits, and agreements. An escrow is collected at the time a development application is submitted that the City utilizes to pay for these professional services. The property owner is ultimately responsible for all costs incurred by the City related to a development application, whether the request is approved or denied. If invoiced expenses above the initial development application fee and escrow are not paid, the City has the ability to assess the unpaid charges to the property to be paid with the property taxes. The Subdivision Ordinance and Zoning Ordinance must be amended to clarify the City’s certification of unpaid development application costs in consideration of the case of Great Western Industrial Park, LLC v. Randolph Township, 853 N.W. 2d 155 (Minn. App. 2104). In that case, after Randolph Township denied a conditional use permit application submitted by an applicant and the applicant failed to pay the expenses incurred by the Township in processing the application, the Township passed a resolution under Minnesota Statute 366.012 that certified the expenses to the county auditor as an unpaid service charge to be collected with applicant's property taxes. The Court of Appeals reversed the Township’s certification order but indicated that the Township may have had a right to certify the unpaid costs if they had included a provision in their land use ordinance to allow them to certify unpaid planning costs to the applicant’s property taxes citing Minnesota Statute 462.353, subd. 4a., which states: A municipality may prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control established pursuant to sections 462.351 to 462.364 [governing municipal planning and development] or an application for a permit or other approval required under an official control established pursuant to those sections. Except as provided in subdivision 4a, fees as prescribed must be by ordinance. Fees must be fair, reasonable, and proportionate and have a nexus to the actual cost of the service for which the fee is imposed. Based on the case of Great Western Industrial Park, LLC v. Randolph Township, City staff recommends drafting amendments to Section 10-2-5 of the Subdivision Ordinance and Section 1-1-18 of the Zoning Ordinance to outline the City’s established pass-through cost structure for 3 processing development applications and include a specific citation of Minnesota Statute § 462.353, Subp. 4a related to the property owner’s responsibility for unpaid charges. Building Type and Construction. Section 11-17-9.F of the Zoning Ordinance defines various types of building exterior finish materials regulated by the Zoning Ordinance. City staff recommends moving the list of these definitions to Section 11-17-9.A of the Zoning Ordinance so that they are more readily identified by architects and builders as they are preparing plans. City staff believes this amendment will result in fewer plan changes required due to proposed building exterior finishes not complying with the requirements of the Zoning Ordinance. Exterior Finish Materials. Architectural design, construction techniques, and exterior materials continue to evolve and advance. The City has from time-to-time found it necessary to review and amend its building type and construction standards set forth by the Zoning Ordinance to be consistent with current practices and technology.  Simulated Wood Panels. Target Corporation received approval to update the exterior of the SuperTarget building within the Timbercrest at Lakeville PUD District to incorporate simulated wood panels as an accent material. The proposed simulated wood is a durable material that is weather, impact, and graffiti resistant suitable for use in commercial buildings. The simulated wood panels are installed on the exterior of the building by anchoring brackets, which also allows single panels to be replaced as needed for long-term maintenance. The use of the simulated wood material is complementary to other materials and colors used for the exterior of SuperTarget, and is appropriate as an accent for the building exterior while maintaining a high-quality masonry as the primary material. The Planning Commission supported adding simulated wood panels as an allowed Grade C material within Section 11-17-9.B.3 of the Zoning Ordinance.  Wood. Section 11-17-9.B of the Zoning Ordinance defines use of wood that is naturally suited or treated for outdoor use as a Grade D material along with smooth and scored concrete block, and glass block. Section 11-17-9.D of the Zoning Ordinance allows use of Grade D materials to comprise up to 10 percent of the exterior finish of commercial buildings. The 10 percent limit on Grade D materials limits these exterior finishes to being more of an accent treatment. Recent building proposals, particularly within downtown Lakeville, have sought to use wood as a primary exterior finish as part of an overall architectural character. The Planning Commission recommends maintaining the current classification of wood as a Grade D material with allowance for greater use of wood by conditional use permit. A provision is proposed to be added to Section 11-17- 9.G of the Zoning Ordinance to allow the City to require a maintenance plan as a stipulation for conditional use permit approvals allowing exception to the exterior finish requirements when involving more maintenance intensive materials such as wood. Yard Encroachments. Section 11-17-11.A of the Zoning Ordinance provides exceptions to setback requirements to allow certain building elements to encroach into required setbacks. Existing exceptions are allowed for cantilevered building elements not more than 2 feet; 4 terraces, steps, decks, stoops or similar structures; residential clothes lines, arbors and trellises, gazebos, and air conditioning or heating equipment; and a 1 story enclosed entrance not exceeding 10 feet in width for single or two family dwellings into the required front yard. The list of exceptions needs to be expanded to allow for disability accessible ramps to encroach into a required setback. The exception only provides for landings of a size sufficient to allow access to and from the home to meet Americans with Disabilities Act standards. This exception would be similar to the existing provision allowing for an enclosed building entrance, but not a full- width porch or deck structure unless yard setbacks are met. Storm Shelter. The greatest weather-related risk for life and property in Lakeville is from severe storms, and specifically a tornado. 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 for slab-on-grade dwellings 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 storm shelter meeting FEMA requirements within slab-on-grade dwellings since 2000. 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. Building Inspections staff 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. The Planning Commission and City Council both discussed the storm shelter requirement at recent work sessions. The consensus of these discussions is that maintaining a requirement to address resident safety from severe weather is important. The Planning Commission and City Council also agreed however that allowing builders alternatives to meet the storm shelter requirement will improve housing choices while meeting the intent to protect residents. To this end, the existing provisions requiring a storm shelter constructed to FEMA standards internal to each slab-on-grade dwelling is proposed to be modified to allow provision of storm protection anywhere within the dwelling unit, including an attached garage, or reinforced areas of refuge within a common building(s) accessible to residents not more than 500 feet from any dwelling within the development. Off-Street Parking. Section 11-19-13 of the Zoning Ordinance establishes requirements for a minimum number of off-street parking stalls to be provided for specific uses. The off-street parking requirements are based on parking demand studies prepared by the Institute of Transportation Engineers, the American Planning Association, and other professional organizations or agencies. The intent of requiring a minimum number of parking stalls is to ensure the functionality of a site from a traffic circulation standpoint and avoid causing congestion on adjacent public streets. 5 Section 11-19-7.J of the Zoning Ordinance establishes an administrative permit process to defer construction of the required minimum number of parking stalls when it can be demonstrated that the projected demand for off-street parking stalls will be less than the number specified by the Zoning Ordinance. This situation is most often presented for large scale retail commercial or industrial buildings where space within the structure is used for storage of goods. City staff proposes that the off-street parking requirements be reviewed to establish a revised standard for large scale retail commercial and industrial buildings to avoid the need for deferments on a case-by-case basis. The table below provides a summary of ITE data for big box retail stores. Information is not included for uses or stores smaller than 36,000 square feet as the studies indicate that the current 1 stall per 200 square feet of building area is an accurate requirement relative to parking demand for uses of this scale. Use ITE Code Average Building Area Peak Parking Demand/1,000sf. Parking Requirement Average 85th Percentile Discount store Non-Dec. 815 108,000sf. 2.70 3.09 1 stall/320sf. Dec. 96,000sf. 4.49 5.54 1 stall/180sf. Supermarket 850 36,000sf. 3.92 4.94 1 stall/200sf. Discount club 857 122,000sf. 2.90 3.93 1 stall/250sf. Home improvement 862 98,500sf. 3.19 4.34 1 stall/230sf. The data shown above indicates the seasonal effect for parking demand for uses such as Wal- Mart or SuperTarget. Parking demand outside of December is less than 60 percent of the peak demand during the winter holiday season. City staff recommends establishing a minimum parking requirement in Section 11-19-13 of the Zoning Ordinance for retail uses with a floor area of 90,000 square feet or more of 1 stall per 250 square feet. In the case of SuperTarget, the change in the parking standards would require 164 fewer parking stalls (656 stalls versus 820 stalls). This would be a minimum requirement and retailers would be allowed to construct stalls in excess of the Zoning Ordinance requirement; SuperTarget was required to provide 820 parking stalls but constructed 877 stalls based on their own information and analysis regarding parking demand. Fence Construction. Section 11-21-5.C of the Zoning Ordinance requires that fences be constructed in a “substantial, workmanlike manner and of substantial material reasonably suited for the propose for which the fence is proposed”. The Planning Commission recommends that this provision be revised to provide more quantifiable standards that can be understood by property owners and better administered by City staff. City staff has also included a provision prohibiting use of plastic mesh (snow or construction) or chicken wire fencing except on a temporary basis for active construction sites and/or special events. 6 Commercial/Industrial Fences. Section 11-21-5.H.1.a of the Zoning Ordinance does not allow fences to be erected in required front yards for commercially zoned properties. Section 11-21- 5.H.1.b of the Zoning Ordinance allows fences for industrially zoned properties to be erected in all yards, including required front yards, up to a height of 8 feet; a fence within a required front yard or the side yard of a corner lot abutting the street must be at least 75 percent open unless an administrative permit is approved to allow for more solid construction. The Planning Commission recommends revising the fence provisions for commercial districts to make an allowance for fences within front yards, side yards of corner lots, or rear yards of through lots similar to that allowed for industrial districts. Land/Sea Containers. Section 11-22-7 of the Zoning Ordinance addresses outdoor storage of land/sea containers and parking of semi-trailers. Section 11-22-7.A of the Zoning Ordinance declares outdoor storage that does not comply with the provisions of this section to be a non- conforming use that was to have been removed by 1 June 1996. Minnesota Statutes 462.357, Subd. 1c prohibits amortization of non-conforming uses that are allowed to continue as they were legally established by Minnesota Statutes 462.357, Subd. 1e. Section 11-22-7.A is to be revised to eliminate the reference to removal of non-conforming uses by 1 June 1996. Existing legal non-conforming uses will be regulated by Chapter 15 of the Zoning Ordinance. Signs. The following sign related issues are proposed for review of possible amendments:  Directional Signs. The City receives requests from large scale industrial sites to add directional signage, especially when the site provides for separate patron/employee and loading access. Section 11-23-7.B of the Zoning Ordinance makes allowance for 2 signs not to exceed 4 square feet to be placed within a property for the purpose of accommodating directional signage. Industrial users would like to provide larger signs that are more easily identifiable to traffic looking to access the site. The Planning Commission supports allowing for larger signs for directional purposes to improve site access and circulation and avoid congestion on public streets. Section 11-23-7 of the Zoning Ordinance is to be amended to allow up to 2 signs 12 square feet in area for each access to a public street within industrial districts that can be used for directional purposes.  Temporary Signs. Section 11-23-15.G of the Zoning Ordinance makes provision for a property to display 1 temporary sign upon a property for up to 60 days per year. The Planning Commission recommends an amendment not allowing a site that has a dynamic display sign from obtaining a permit for a temporary sign. The allowance of the changeable display on the dynamic sign should allow the property adequate opportunity to communicate short term messages that would not otherwise be possible with a static sign, thus creating a need for a second, temporary sign.  Office Tenant Signage. The signage for office buildings having a single tenant are addressed in Section 11-23-19 of the Zoning Ordinance for the respective zoning districts. Signage for multiple occupancy commercial and industrial buildings are 7 addressed in Section 11-23-15.R of the Zoning Ordinance. Section 11-23-15.R.3.a provides that the number of individual wall signs is limited to 1 per elevation per tenant space (except additional sign(s) may be displayed on a second elevation for the tenant of a corner suite or a suite that extends through the building thus having two (2) exterior walls) provided that each tenant identified with a sign has an exclusive exterior entrance. These standards are most applicable to commercial retail strip buildings. However, it is becoming more common for multiple tenant office buildings with common entry, lobby area, and elevators to have wall signs displaying major tenants. The Planning Commission supports amending the Zoning Ordinance to allow for wall signs for individual tenants of a commercial or industrial building when the tenant occupies a more than 20 percent of the building area to recognize a major presence within the building.  Development Signs. Section 11-23-15.X.2 of the Zoning Ordinance allows placement of temporary signs upon approval of a final plat for three or more lots to identify the proposed development. The City has implemented procedures to expedite the process for developers to start construction including allowing grading following preliminary plat approval. So as to better communicate information about development activity, City staff recommends amending Section11-23-15.X.2 of the Zoning Ordinance to allow posting of development signs upon preliminary plat or other zoning approvals.  Utility Boxes. Section 11-23-17.O of the Zoning Ordinance prohibits “signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures, or public fences”. Signs placed on utility boxes is to be added to the list of prohibited sign locations addressed by this clause.  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 and C-3, and Section 11-23-19.H.1.d(2) of the Zoning Ordinance allows for the use of dynamic display signs in the 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. 8 The Planning Commission and City Council discussed the request from All Saints Catholic Church and support amending the Zoning Ordinance to make allowance for dynamic display signs for government, school, and church uses within residential zoning districts. Allowance of the dynamic display signs would be further limited to sites at least 5 acres in area and accessed from a major collector or arterial street. Operational requirements for the dynamic display sign would require a license and be the same standards as applied to such signs within commercial districts, including a minimum 50 foot setback from residential uses. Goats. Planning Department staff has received more requests over the years to allow goats on a short term basis on private residential and commercial properties as a means to control invasive plants such as buckthorn. Goats are defined as a farm animal that would only be allowed to be kept on farm properties. The City of Eagan has recently adopted City Code language regulations and a permit process to allow these animals for vegetation control purposes. Under provisions drafted by City staff, an administrative permit is required and allows rental of goats on properties at a ratio of one goat per 0.1 acre of lot area with a fence enclosure. Goats may be on a property no more than 30 days, up to 2 times per year unless extended by the Zoning Administrator based on progress at removing the invasive vegetation. The Planning Commission supports allowing prescribed grazing by goats in Lakeville as an environmentally conscience means of invasive weed control. C-CBD District Motor Fuel Facilities and Car Washes. The purpose of the C-CBD district is to provide specifically for the regulation of high intensity commercial uses located within downtown Lakeville. The desired character for downtown Lakeville is described in the Downtown Development Guide as a unique, identifiable and thriving business district. Section 11-74-7 of the Zoning Ordinance allows for motor fuel sales with or without a convenience store and car washes as conditional uses within the C-CBD District. There are currently no motor fuel facilities or car washes within downtown Lakeville. The consensus of the Planning Commission is that allowance of a modern-day convenience motor fuel use or car wash is not in keeping with the desired character of downtown Lakeville and recommend that allowance of these uses within the C-CBD District be repealed. RM-1 District Design and Construction Standards. Section 11-58-21 outlines design and construction standards for developments within the RM-1 District. Similar design and construction standards are adopted for developments within the RM-2, RH-1, and RH-2 Districts. The design and construction standards are applicable to detached townhouse and townhouse uses. Allowed uses within the RM-1 District include single family dwellings and two- family dwellings constructed on a traditional lot to which the design and construction standards are not intended to apply. City staff recommends clarifying that the design and construction standards set forth in the RM-1, RM-2, RH-1, and RH-2 do not apply to single family or two family dwellings. City staff further recommends that the requirement for guest parking stalls in each of the respective districts be modified to exempt detached townhouse or two family townhouse dwellings. 9 I-1 District Commercial Recreation. Commercial recreation is allowed as a conditional use within the I-1, Light Industrial District subject to the provisions of Section 11-86-7.D of the Zoning Ordinance. Section 11-86-7.D.5 of the Zoning Ordinance requires that the site of a commercial recreation use be accessed from a collector street. The intent of this provision was to locate a proposed commercial recreation use at the periphery of an industrial area to avoid land use compatibility and traffic congestion issues. However, requiring access to a collector street is not consistent with access management practices to insure efficient traffic movement on the collector roadway. City staff recommends removal of the requirement for commercial recreation uses to be accessed from a collector street. The general provisions regarding site compatibility and street capacity reviewed as part of the conditional use permit process will provide adequate protection that commercial recreation uses are appropriately located within the I-1 District. P-OS District. The purpose of the P-OS, Public and Open Space District is to provide for facilities devoted to serving the public. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a nonprofit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located along arterial or major collector streets with full availability of urban services. Governmental utility buildings, public maintenance buildings and structures for the City of Lakeville are permitted uses. Facilities for government units other than the City are not allowed within the P-OS District. The Planning Commission recommends making governmental administration, utility buildings, public maintenance buildings and structures for jurisdictions other than the City allowed as a conditional use within the P-OS District. CONCLUSION City staff has prepared ordinance amendments related to the issues to be identified as Phase 1 of the 2019 update of the City’s development regulations. A public hearing has been noticed for the Planning Commission meeting on 18 July 2019 to consider the proposed amendments. City staff recommends approval of the proposed amendments as presented. c. Justin Miller, City Administrator David Olson, Community and Economic Development Director Andrea McDowell-Poehler, City Attorney 1 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. Title 5, Chapter 1 of the of the Lakeville City Code (Police Regulations - Animals) is hereby amended to add the following provisions: 5-1-19: PROHIBITED ANIMALS: No person shall possess or keep the following animals within the City, except pursuant to an interim use permit approved prior to May 15, 2017 in accordance with the Zoning Ordinance or in association with a Zoo Program licensed by the State of Minnesota for a period not longer than thirty (30) days: A. 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. B. 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. C. Any hybrid or crossbreeds between an animal defined in subsections H1 or H2 of this section 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. D. 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. E. 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. F. 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 2. Title 10, Chapter 2 of the of the Subdivision Ordinance (Procedures for Filling and Review) is hereby amended to add the following provisions: 10-2-5: FEES, CHARGES, AND EXPENSES: 2 A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications, shall be adopted by Ordinance with the City Fee Schedule. B. Escrow: An escrow deposit required for the processing of applications required by this title shall be used for payment of all costs incurred for City in the processing of an application required by this title: 1. All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meetings, and any other expenses incurred with processing of an application. 2. The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City exceeds the fund balance. 3. The City shall refund any amount deposited in the escrow account not expended within ninety (90) calendar days after final action on the application. C. Fees, charges, and estimated expenses for the processing of a development application required by this shall be collected prior to City action on any application. The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section. D. All fees and expenses incurred by the City are to be paid whether the application is approved or denied. E The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing said application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statues Chapter 462.353, Subd. 4a. F. Unpaid expenses: 1. All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462.353. 2. The property owner shall be invoiced for the City’s costs to where property tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice. 3. Should the property owner not reimburse the City as required by this section, the City shall be authorized to certify said unreimbursed costs plus interest to the County Auditor for payment with the property owner’s property taxes with interest and said certified amounts shall constitute a lien against the property that shall be collected and enforced in the same manner as general property taxes pursuant to Minnesota Statutes Chapter 429.81. 3 Section 3. Title 11, Chapter 1 the Zoning Ordinance (Title and Application) is hereby amended to add the following provisions: 1-1-19: FEES, CHARGES, AND EXPENSES: A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications, shall be adopted by Ordinance with the City Fee Schedule. B. Escrow: An escrow deposit required for the processing of applications required by this title shall be used for payment of all costs incurred for City in the processing of an application required by this title: 1. All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meetings, and any other expenses incurred with processing of an application. 2. The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City exceeds the fund balance. 3. The City shall refund any amount deposited in the escrow account not expended within ninety (90) calendar days after final action on the application. C. Fees, charges, and estimated expenses for the processing of a development application required by this shall be collected prior to City action on any application. The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section. D. All fees and expenses incurred by the City are to be paid whether the application is approved or denied. E The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing said application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statues Chapter 462.353, Subd. 4a. F. Unpaid expenses: 1. All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462.353. 2. The property owner shall be invoiced for the City’s costs to where property tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice. 3. Should the property owner not reimburse the City as required by this section, the City shall be authorized to certify said unreimbursed costs plus interest to the 4 County Auditor for payment with the property owner’s property taxes with interest and said certified amounts shall constitute a lien against the property that shall be collected and enforced in the same manner as general property taxes pursuant to Minnesota Statutes Chapter 429.81. Section 4. Section 11-17-9.A of the Zoning Ordinance (Building Type and Construction – General Provisions) is hereby amended to add the following provisions: 5. Definitions: For the purposes of this section, the allowed building materials or finishes shall be defined as: ACID ETCH: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form the element is allowed to harden to a uniform hardness. The element is then washed with an acid solution and scrubbed to remove the cement surface to a sand level resulting in a smooth, sand textured surface. BRICK: The conventional molded rectangular block of baked clay, nominal four inch (4") width. BRICK AND STONE FACE: A thin fired clay brick faced or stone faced architectural precast or tilt-up concrete panel with a cavity cast in, or a plate cast in if the brick runs to the bottom of the edge so that the brick can be set in the panel after its removal from the form exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic. CAST STONE: A finish achieved by ramming moist zero slump concrete against smooth rigid formwork until the product is densely compacted and ready for removal from the form. After curing, the panel may be hand rubbed or acid etched. EXPOSED AGGREGATE: A finish achieved by: a. Casting against a form surface that has been painted with retarder that retards the set of the concrete at its surface. b. Application of a chemical retarder to the surface of the form. The retarder prevents the matrix from hardening at the surface of the panel to a specific depth, controlled by the strength of the retarder. After curing, the unhardened layer of matrix at the surface of the panel is removed by a high pressure water washing, thus, exposing the aggregate used in the concrete. c. Casting concrete against a smooth hard surface. After removal from the form, the finished surface is sandblasted to remove the matrix and expose, as well as etch, the coarse aggregate. FORM LINERS: A finish achieved by the use of plaster, rubber, grained wood, rope or other material as a liner in the casting form to impart a particular finish to the face of the panel. LIGHT SANDBLAST: A finish achieved by casting concrete against a smooth, hard 5 surface. After removal from the form, the element is given a light sandblasting removing the cement skin from the surface resulting in a smooth, sand textured surface. MASONRY VENEER: A finish having a manufactured non-structural external veneer layer of thin fired clay brick, or natural/artificial stone exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic either anchored or attached directly to an internal structural wall manufactured as a unit off-site. SMOOTH AS CAST: Concrete placed against a hard, smooth formwork to achieve a smooth "as cast" finish on the precast element. TOOLED: A finish achieved by casting concrete against a smooth or specifically textured or patterned formwork. After removal from the form, the hardened surface is treated mechanically to create the desired effect such as "fractured fin" or "bush hammered". Section 5. Section 11-17-9.B.3 of the Zoning Ordinance (Building Type and Construction – Exterior Building Finishes) is hereby amended to add the following provision: e. Architectural panels with simulated wood or other natural material finish. Section 6. Section 11-17-9.F.7 of the Zoning Ordinance (Building Type and Construction – Other Requirements) is hereby repealed and subsequent sections renumbered accordingly. 7. Definitions: For the purposes of this section, the allowed building materials or finishes shall be defined as: ACID ETCH: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form the element is allowed to harden to a uniform hardness. The element is then washed with an acid solution and scrubbed to remove the cement surface to a sand level resulting in a smooth, sand textured surface. BRICK: The conventional molded rectangular block of baked clay, nominal four inch (4") width. BRICK AND STONE FACE: A thin fired clay brick faced or stone faced architectural precast or tilt-up concrete panel with a cavity cast in, or a plate cast in if the brick runs to the bottom of the edge so that the brick can be set in the panel after its removal from the form exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic. CAST STONE: A finish achieved by ramming moist zero slump concrete against smooth rigid formwork until the product is densely compacted and ready for removal from the form. After curing, the panel may be hand rubbed or acid etched. EXPOSED AGGREGATE: A finish achieved by: 6 a. Casting against a form surface that has been painted with retarder that retards the set of the concrete at its surface. b. Application of a chemical retarder to the surface of the form. The retarder prevents the matrix from hardening at the surface of the panel to a specific depth, controlled by the strength of the retarder. After curing, the unhardened layer of matrix at the surface of the panel is removed by a high pressure water washing, thus, exposing the aggregate used in the concrete. c. Casting concrete against a smooth hard surface. After removal from the form, the finished surface is sandblasted to remove the matrix and expose, as well as etch, the coarse aggregate. FORM LINERS: A finish achieved by the use of plaster, rubber, grained wood, rope or other material as a liner in the casting form to impart a particular finish to the face of the panel. LIGHT SANDBLAST: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form, the element is given a light sandblasting removing the cement skin from the surface resulting in a smooth, sand textured surface. MASONRY VENEER: A finish having a manufactured non-structural external veneer layer of thin fired clay brick, or natural/artificial stone exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic either anchored or attached directly to an internal structural wall manufactured as a unit off-site. SMOOTH AS CAST: Concrete placed against a hard, smooth formwork to achieve a smooth "as cast" finish on the precast element. TOOLED: A finish achieved by casting concrete against a smooth or specifically textured or patterned formwork. After removal from the form, the hardened surface is treated mechanically to create the desired effect such as "fractured fin" or "bush hammered". Section 7. Section 11-17-9.G of the Zoning Ordinance (Building Type and Construction – Exceptions) is hereby amended to add the following provision: 3. A maintenance plan for use of alternative materials or for an exception to the exterior finish requirements of this Section may be required by the City Council as a condition of approval to insure consistency with the intent of this Section. Section 8. Section 11-17-11.A of the Zoning Ordinance (Yards – Exceptions) is hereby amended to add the following provision with subsequent sections renumbered accordingly: 7 3. Ramps, lifts, railings, landings or other structures only to the extent necessary to provide access to the building for persons with disabilities in accordance with Americans With Disabilities Act requirements. Section 9. Section 11-17-27 of the Zoning Ordinance (Storm Shelter) is hereby amended to read as follows: 11-17-27: STORM SHELTER: A. Any dwelling or dwelling units that are constructed slab on-grade, provisions shall be made to provide for storm protection either internally to the dwelling or dwelling unit, including within an attached garage provided that the area of the attached garage is increased to accommodate the storm shelter without impacting the minimum area required for parking vehicles and storage, or reinforced areas of refuge within a common building(s) accessible to residents not more than five hundred (500) feet from a dwelling. Storm shelters internal to the dwelling or dwelling unit shall be provided in a bathroom or laundry room so as to ensure accessibility and that the storm shelter is not obstructed by B. Compliance with this requirement shall be based upon federal emergency management agency (FEMA) guidelines and standards, except that the shelter door shall be solid core construction (not limited to metal) and only one deadbolt lock shall be required. Section 10. Section 11-19-13 of the Zoning Ordinance (Off-Street Parking – Number of Spaces Required) is hereby amended to revise the following provision: Retail sales and service with 50 percent or more gross floor area as storage/warehouse or industry a gross floor area of 90,000 square feet or greater 8 spaces or 1 space per 200250 square feet of public sales/service area, plus 1 space for each 500 square feet of storage area. Section 11. Section 11-21-5.C.1 of the Zoning Ordinance (Fences) is hereby amended to read as follows: 1. Every fence shall be constructed in a substantial, workmanlike sturdy manner and of substantial of substantial construction using material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement thereof. Section 12. Section 11-21-5.C. of the Zoning Ordinance (Fences) is hereby amended to add the following provision: 8 6. Use of mesh HDPE plastic fencing or chicken wire fencing shall only be allowed on a temporary basis at active construction sites or for special events to provide crowd or parking control. Section 13. Section 11-21-5.H.1.a of the Zoning Ordinance (Fences – Commercial, Institutional, and Industrial Fencing) is hereby amended to read as follows: a. Commercial districts and institutional uses: Except in a required front yard, or rear or side yard abutting a public street, fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8'), may be allowed by approval of a conditional use permit, but shall not be located within a required front yard. (1) No fence shall be erected within a required front yard. (2) Fences may be erected up to a height of eight feet (8’) within a side yard, side yard abutting a public right-of-way of a corner lot, rear yard, or rear yard of a double frontage lot and shall be at least seventy five percent (75%) open space for the passage of air and light if abutting public right of way. (3) Fences within a required front yard or fences erected to a height greater than eight (8’) feet may be allowed by approval of a conditional use permit. Section 14. Section 11-22-7.A of the Zoning Ordinance (Outdoor Storage – Land/Sea Containers or Parking of Semi-Tractor Trailers) is hereby repealed and subsequent sections renumbered accordingly: A. Nonconforming Use: Outdoor storage of land/sea containers or semitractor trailers shall have been brought into compliance with this section or shall have been removed by June 1, 1996. Section 15. Section 11-23-7.B of the Zoning Ordinance (Signs – Permit Not Required) is hereby amended to read as follows: B. Not more than two (2) signs four (4) square feet or less in areaWithin commercial and industrial districts, two (2) signs not to exceed twelve (12) square feet in area erected up to a height of six feet (6’) shall be allowed for each access to a lot from a public street. Section 16. Section 11-23-15.G of the Zoning Ordinance (Signs – General Provisions) is hereby amended to add the following provision: 4. No temporary sign shall be allowed for a lot upon which there is a dynamic display sign as allowed by Section 11-23-15.T of this title. 9 Section 17. Section 11-23-15.R.3.a(2) of the Zoning Ordinance (Signs – General Provisions; Multiple Occupancy Commercial and Industrial Buildings) is hereby amended to read as follows: (2) The tenant's business shall have an exclusive exterior entrance except when the tenant occupies greater than twenty (20) percent of the net leasable area of the building. Section 18. Section 11-23-15.R.3.a(3) of the Zoning Ordinance (Signs – General Provisions; Multiple Occupancy Commercial and Industrial Buildings) is hereby amended to read as follows: (3) The sign(s) shall be located only on the exterior wall of the tenant space to which the sign permit is issued, except when the tenant occupies greater than twenty (20) percent of the net leasable area of the building, but is(are) not required to face a public street. Section 19. Section 11-23-15.X.2 of the Zoning Ordinance (Signs – General Provisions) is hereby amended to read as follows: 2. Temporary Signs: A comprehensive signage plan for Additional temporary signs shall be allowed upon approval of a final preliminary plat for a subdivision having not less than three (3) lots or approval of site and building plans, a conditional use permit, or an interim use permit for development of one (1) lot by the Zoning Administrator provided that: a. One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a collector or arterial street, whichever is greater. (1) The area of the sign face shall not exceed sixty four (64) square feet. (2) Freestanding signs shall be limited to a maximum height of eight feet (8'). b. Model homes as provided for by chapter 27 of this title shall be allowed the following signs: (1) One freestanding sign with a sign face not to exceed thirty two (32) square feet or a maximum height of eight feet (8'). (2) Not more than three (3) flags with a maximum area of sixteen (16) square feet per face per flag and maximum height of twenty four feet (24') shall be allowed upon lots within the subdivision. c. Unless extended by the zoning administrator, the temporary signs and flags allowed by this section shall only be displayed for a period not to exceed three (3) years from the date a permit is issued for the sign or flag or until building permits have been issued for one hundred percent 10 (100%) of the lots within a final plat or subsequent phases of the same preliminary plat of a subdivision. Section 20. Section 11-23-17.O of the Zoning Ordinance (Signs – Prohibited Signs) is hereby amended to read as follows: O. Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, utility boxes, bridges, towers, or similar public structures, or public fences. Section 21. Section 11-23-19.B.1.a(3) of the Zoning Ordinance (Signs – Residential Districts) is hereby amended to read as follows: (3) Monument Type; Height: The sign shall be a monument type with a base and supporting material constructed of stone, brick, or decorative masonry shall be equal to at least forty percent (40%) of the total sign area, but shall not be counted toward the sign area and shall not contain any sign copy, and with a maximum height not to exceed ten feet (10'). Section 22. Section 11-23-19.B.1.a of the Zoning Ordinance (Signs – Residential Districts) is hereby amended read as follows: (4) Changeable Copy Signs: (a) Within the allowed area of a freestanding sign, a maximum of forty (40) square feet ofone (1) nonelectronic changeable copy shall be allowed per frontage to a major collector or arterial street as defined by the Comprehensive Plan. (b) One (1) dynamic display sign may be allowed for lots that are a minimum of ten (10) acres in area or greater provided that: (i) Operation: The operation of the dynamic display sign shall require issuance of a license pursuant to section 3-22-3 of this Code. (ii) The sign shall be displayed only in a yard abutting an arterial, minor expander, minor connector or minor reliever street, or major collector street as defined by the Comprehensive Plan. (iii) The sign shall be set back a minimum of fifty feet (50') from any side or rear lot line abutting a residential district. (c) Sign Structure: (i) The changeable copy or dynamic display shall be incorporated as part of the freestanding sign allowed 11 by subsection 11-23-19.B.1.a(1), (2) and (3) of this chapter. (ii) The changeable copy or dynamic display element shall not exceed forty (40) square feet and shall be integral and contiguous to the overall sign display. Section 23. Section 11-35-5.I of the Zoning Ordinance (Animals) is hereby amended to read as follows: I. Prohibited Animals: No person shall possess or keep the following animals within the City, except pursuant to an interim use permit approved prior to May 15, 2017 or in association with a Zoo Program licensed by the State of Minnesota for a period 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. 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 H1 or H2 of this section 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 24. Section 11-35-3 of the Zoning Ordinance (Animals) is hereby amended to add the following provisions with subsequent paragraphs renumbered accordingly: D. Prescribed Grazing by Goats: 1. Purpose: The use of goats as a landscape management technique to control the growth of undesirable vegetation, including noxious weeds and invasive plant or trees at a specific location for a defined length of time. 2. Administrative permit required: a. The keeping of goats for the purpose of prescribed grazing may be allowed upon a property not defined as a farm subject to approval of an administrative 12 permit in accordance with chapter 8 of this title and the provisions of this section. b. The application for an administrative permit shall include the information required by subsection 11-8-3.B of this title and the following additional information: (1) The number of goats to be kept on the property. (2) The full name, address, and 24-hour contact telephone number of the person who owns the goats to be used for the prescribed grazing; (3) The type of fencing to be used for the required enclosure and the date the temporary fence will be installed; (4) The date that the goats will arrive on the property. (5) The latest date that the goats will be removed from the property. (6) A detailed site plan of the property including the location and the dimensions, and area of the proposed grazing area; the location and type of vegetation to be controlled by the prescribed grazing; the location and delineation of any wetland or public water shoreline; and the location of the proposed enclosure. (7) Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code. c. An administrative permit issued in accordance with this section shall not be transferable. 3. Performance Standards: a. Premises Occupied By Applicant: The applicant must occupy the premises for which the administrative permit is issued. b. Number of goats: (1) Not more than one (1) goat per every one-tenth (0.10) acre of the prescribed grazing area shall be on the premises at one time. (2) Unneutered male goats over six (6) months of age are prohibited. c. Care of goats: (1) Any supplemental feed for the goats shall be securely stored in water-tight and vermin-proof containers. (2) All goats on the premises shall have daily access to fresh drinking water (not from nearby lakes, ponds, etc.). 13 (3) The owner of the goats shall maintain records that all goats receive proper veterinary treatment and regular deworming. (4) In the event that a goat becomes ill, hurt, or perishes, the permit holder and the owner of the goat is responsible for immediate on- site care or removal of the goat from the property. d. Enclosure: (1) The prescribed grazing area shall at all times be fully and securely enclosed for the duration of the prescribed grazing period. (2) Provision of an enclosure shall mean any combination of temporary or permanent fences or structures designed to prevent the escape of the goats used for the prescribed grazing and to protect the goats from the intrusion of other predatory animal meeting the following requirements: (a) Fences and structures constructed to enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the property is located and shall be permitted separately from the prescribed grazing activity. (b) Temporary fencing: (i) Temporary fence for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing. (ii) All temporary fence or structures shall be removed within five (5) days of the removal of the goats from the premises as required under the permit. (c) All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures shall be constructed or secured in a manner as to prevent the goats from escaping over or under the enclosure(s). (i) Fencing shall be a minimum of four feet (4’) and not greater than six feet (6’) in height. (ii) Openings within the fencing shall not be less than four (4”) inches. e. Signage. Signs shall be installed and maintained on the property for the duration of the administrative permit as follows: (1) Signs shall warn of the presence of the goats with information stating “Do Not Enter Goat Invasive Vegetation Treatment AREA No Petting or Feeding.” 14 (2) A sign shall be located on each side of the enclosed area. (3) The sign(s) shall be a minimum of 4 square feet and not exceed 16 square feet in area. (4) The signs shall not contain advertising, however the contact information of the owner of the goat(s) may be listed on the signs for emergency purposes. (5) The signs shall be setback a minimum of ten feet (10’) from property lines if freestanding, or placed on the enclosure fence. (6) All signs shall be removed from the property at the termination of the administrative permit. f. Best Management Practices Required. Prescribed grazing activities shall comply with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District, and all other Federal, State, or local agencies. g. Natural Resources Protection: The administrative permit may restrict the prescribed grazing area to protect ecologically sensitive areas on the property and require compliance with the following: (1) Prescribed grazing shall comply with requirements of the Shoreland Overlay District as set forth in Chapter 102 of this Title. (2) Prescribed grazing shall not impact defined wetland areas and shall comply with the requirements of Section 11-16-13 of this title. (3) Prescribed grazing activities shall not impair water quality as defined by the Federal Clean Water Act. (4) Threatened or endangered plant species shall not be negatively impacted by prescribed grazing activities. 4. Duration of Permit. The duration of a permit under this section shall be as follows: a. Prescribed grazing shall not be permitted for more than thirty (30) consecutive days. b. No more than two (2) prescribed grazing permits may be issued within one (1) calendar year for the property. c. There shall be a minimum of sixty (60) days between the expiration of the first permit issued and the second permit issued in a twelve (12) month period. d. The Zoning Administrator may extend the duration of the permit to complete the removal of undesirable vegetation within the prescribed 15 grazing area at their discretion and guided by city personnel trained in control and maintenance of noxious and invasive weed/plant vegetation. 5. Administration And Enforcement: a. The administrative permit shall be administered in accordance with subsection 11-8-3.D of this title. b. The property for which an administrative permit is issued in accordance with this section shall at all reasonable times be open to inspection by the Zoning Administrator, Community Service Officers, or other City official to determine compliance with the requirements of the administrative permit, this section, or other provisions of the zoning ordinance and this Code relating to public health, safety, and welfare. c. The Zoning Administrator may summarily revoke a permit if a permit holder’s goat(s) have been found running at large on two (2) or more occurrences within the term of the permit. Section 25. Section 11-37-3.A of the Zoning Ordinance (Motor Fuel Facilities) is hereby amended to read as follows: A. District Application: Motor vehicle fuel sales shall be allowed in a C-1, C-2, and C-3, and C-CBD district as a conditional use. The standards and requirements for motor fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property. Section 26. Section 11-37-5.A of the Zoning Ordinance (Motor Fuel Facilities) is hereby amended to read as follows: A. Conditional Use: Motor vehicle fuel sales including convenience grocery and/or prepared food shall be allowed in the C-1, C-2, and C-3, and C-CBD Districts subject to approval of a conditional use permit. Section 27. Section 11-58-21.A of the Zoning Ordinance (RM-1 District – Design and Construction Standards) is hereby amended to read as follows: A. Unit Size: The size of dwelling units shall comply with the minimums established in section 11-17-13 of this title.The provisions of this Section shall apply to all detached townhouse dwellings, two family dwellings platted in a unit and base lot configuration, and townhouse dwellings; single family dwellings are exempt from the requirements of this Section. Section 28. Section 11-58-21.B of the Zoning Ordinance (RM-1 District – Design and Construction Standards) is hereby amended to read as follows: B. Unit Dimensions: 16 1. Unit Area: The minimum area of a dwelling unit shall comply with the requirements established in section 11-17-13 of this title. 2. Unit Width: The minimum width of a dwelling unit within the RM-1 District shall be twenty five feet (25'). Section 29. Section 11-58-21.J of the Zoning Ordinance (RM-1 District – Design and Construction Standards) is hereby amended to read as follows: J. Guest Parking: 1. Number of spaces: a. At minimum, one-half (1/2) of guest parking spaces per unit shall be provided in an off street parking lot or private drive at locations dispersed within the development to provide convenient access to individual dwelling units. b. Detached townhouse uses accessed by public streets shall be exempt from the requirement to provide guest parking stalls 2. The design and location of the off street parking shall be between or to the side of buildings in a manner compatible with surrounding dwelling units, including (but not limited to) a minimum fifteen foot (15') setback from principal buildings, decks, patios or other open spaces intended for active use. 3. Guest parking areas shall be screened in conformance with the requirements of chapters 19 and 21 of this title. Section 30. Section 11-59-21.A of the Zoning Ordinance (RM-2 District – Design and Construction Standards) is hereby amended to read as follows: A. Unit Size: The size of dwelling units shall comply with the minimums established in section 11-17-13 of this title.The provisions of this Section shall apply to all detached townhouse dwellings, two family dwellings platted in a unit and base lot configuration, and townhouse dwellings; single family dwellings are exempt from the requirements of this Section. Section 31. Section 11-59-21.B of the Zoning Ordinance (RM-2 District – Design and Construction Standards) is hereby amended to read as follows: B. Unit Dimensions: 1. Unit Area: The minimum area of a dwelling unit shall comply with the requirements established in section 11-17-13 of this title. 2. Unit Width: The minimum width of a dwelling unit within the RM-1 District shall be twenty five feet (25'). 17 Section 32. Section 11-59-21.J of the Zoning Ordinance (RM-2 District – Design and Construction Standards) is hereby amended to read as follows: J. Guest Parking: 1. Number of spaces: a. At minimum, one-half (1/2) of guest parking spaces per unit shall be provided in an off street parking lot or private drive at locations dispersed within the development to provide convenient access to individual dwelling units. b. Detached townhouse uses accessed by public streets shall be exempt from the requirement to provide guest parking stalls. 2. The design and location of the off street parking shall be between or to the side of buildings in a manner compatible with surrounding dwelling units, including (but not limited to) a minimum fifteen foot (15') setback from principal buildings, decks, patios or other open spaces intended for active use. 3. Guest parking areas shall be screened in conformance with the requirements of chapters 19 and 21 of this title. Section 33. Section 11-74-7.E of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. E. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with on site circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. Where the car wash operation is within five hundred feet (500') of a residential district, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on site parking and loading areas, and may not be located in a yard abutting residentially zoned property. 18 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. Section 34. Section 11-74-7.L of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. L. Motor vehicle fuel sales with or without convenience grocery and/or prepared food as regulated by chapter 37 of this title. Section 35. Section 11-86-7.D.5 of the Zoning Ordinance (I-1 District – Conditional Uses; Commercial Recreation) is hereby amended to read as follows: 5. The site must be accessed via a collector street. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with chapter 19 of this title and shall be subject to the approval of the city engineer. Section 36. Section 11-97-7 of the Zoning Ordinance (P-OS District – Conditional Uses) is hereby amended to add the following provision with subsequent sections renumbered accordingly: C. Governmental utility buildings, public maintenance buildings and structures necessary for the health, safety and general welfare of the community, other than the city of Lakeville. Section 37. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this ______ day of ______________, 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk Churches Address Zoning Parcel size Street Class. Primary Street Class. Adjacent All Saints 19795 Holyoke Ave RM-1 27.55 Major Collector N/A Bethlehem Baptist 20070 Kenrick Ave C-3 11.89 A-Minor N/A Bethlehem Lutheran 19400 Ipava Ave RM-1 14.44 Major Collector Major Collector Celebration 16655 Kenyon Ave PUD 16.04 Major Collector N/A Cross of Christ 8748 210th St O/R 2.00 Major Collector N/A Crossroads 17671 Glacier Way PUD 11.93 Major Collector Local Street Evangelical Baptist Church 7570 210th St RM-2 1.18 Local Street Local Street Evergreen Community Church 16165 Kenwood Trl RS-1 6.25 A-Minor Major Collector Faith Lutheran 16880 Cedar Ave RS-3 4.37 A-Minor N/A Family of Christ 10970 185th St RS-3 6.73 A-Minor Local Street Hope Community Church 9623 162nd St RS-3 2.84 A-Minor N/A Hosanna 9600 1163rd St PUD 27.99 A-Minor Local Street Kingdom Hall of Johovah's Witnesses 20465 Cedar Ave RM-1 7.57 A-Minor Minor Collector Lakeville Christian 16701 Joplin Way RS-3 0.58 Local Street Local Street LDS Church 18460 Kachina Ct RM-1 5.40 A-Minor Local Street Lord of Life 16200 Dodd Ln RS-3 12.78 Major Collector Local Street Messiah Lutheran 16725 Highview Ave RS-2 12.82 Major Collector N/A Minneapolis Meeting Rooms Inc 21151 Idaho Ave RS-2 0.79 Local Street Minor Collector Minneapolis Meeting Rooms Inc 9880 192nd St RS-2 3.00 Major Collector Local Street Minnesota Valley Free Lutheran 16075 Hawthorn Path RS-2 5.54 A-Minor Major Collector Orchard Lake Church 16096 Harmony Path RS-3 2.75 A-Minor N/A South Twin Cities Church of Christ 16120 Cedar Ave RST-1 2.46 A-Minor Local Street Southland City 17297 Glacier Way RS-3 15.91 A-Minor Major Collector St. John's 20165 Heath Ave RS-3 8.88 A-Minor Local Street Trinity Evangelical Free 16058 210th St RM-1 14.65 Major Collector N/A Valley Christian 20270 Iberia Ave O-R 3.01 A-Minor Local Street City/School Joint Facilities Ames Arena 19900 Ipava Ave P/OS 4.58 A-Minor Hasse Arena 8525 215th St P/OS 13.12 A-Minor Major Collector (Fut) Schools North Trail ES 5580 170th St RS-2 26.46 A-Minor Major Collector East Lake ES 4715 162nd St PUD 22.08 A-Minor Minor Collector Parkview ES 6795 Gerdine Path RS-3 12.98 Minor Collector Minor Collector Cherry View ES 8600 175th St RS-2 22.02 Major Collector Major Collector Christina Huddleston ES 9569 175th St RS-2 20.00 A-Minor Major Collector Crystal Lake Education Center 16250 Ipava Ave P/OS 23.37 A-Minor A-Minor Eastview ES 18060 Ipava Ave RS-2 18.64 A-Minor Major Collector John F. Kennedy ES 21240 Holyoke Ave RM-1 45.29*Major Collector (Fut) Lake Marion ES 19875 Dodd Blvd RS-2 18.55 A-Minor Lakeview ES 20500 Jacquard Ave RS-3 23.62 Major Collector Local Street Oak Hills ES 8640 165th St RS-2 17.94 Major Collector Major Collector Orchard Lake ES 16531 Klamath Trl RS-1 9.35 Major Collector Century MS 18610 Ipava Ave RS-2 34.53 A-Minor Major Collector Kenwood Trail MS 19455 Kenwood Trl RS-3 69.47 A-Minor McGuire MS 21220 Holyoke Ave RM-1 45.29*Major Collector (Fut) North High School 19600 Ipava Ave P/OS 75.32 A-Minor Major Collector South High School 21135 Jacquard Ave P/OS 90.38 Major Collector Major Collector * JFK and McGuire MS are located on the same parcel. City Facilities Art Center 20960 Holyoke Ave C-CBD 2.44 Major Collector Major Collector Central Maint. Facility 7575 179th St. W P/OS 39.89 A-Minor A-Minor City Hall 20195 Holyoke Ave P/OS 9.28 A-Minor Major Collector Fire Station #1 20190 Holyoke Ave P/OS 4.25 A-Minor Major Collector Fire Station #2 16720 Dodd Blvd P/OS 2.54 Major Collector Major Collector Fire Station #3 17490 Kenrick Ave C-3 3.17 Major Collector Major Collector Fire Station #4 9465 185th St P/OS 5.06 A-Minor Heritage Center 20110 Holyoke Ave O-R 3.00 Major Collector Minor Collector Police Station 9237 183rd St P/OS 7.50 A-Minor Major Collector Water Treatment Facility 18400 Ipava Ave P/OS 22.75 A-Minor A-Minor To: Lakeville City Council Lakeville Planning Commission From: Nicholas Erickson, Housing First Minnesota Date: July 12, 2019 Subject: City of Lakeville’s Storm Safe Room Requirement This memo is written on behalf of Housing First Minnesota, the state’s leading voice for the housing industry, to provide comment on the City of Lakeville’s Safe Storm Room requirement. By way of background, Housing First Minnesota and our member firms are dedicated to fixing the state’s broken housing ecosystem by building safe, durable homes at prices families can afford. Minnesota is in the midst of a housing affordability crisis with a market that is chronically undersupplied. There is an unprecedented consensus that local, regional and state housing policies are at the center of the cost problem. Well-intentioned policies, like the current safe room requirement, substantially impact the market's capacity to deliver the entry-level homes the State of Minnesota so desperately needs. The current storm shelter requirement makes it impossible to build affordably priced slab-on-grade single-family homes that are a popular choice of empty nesters and new families in communities across the region. In addition to impacting the construction of more affordably priced homes, the current requirement and several of the proposed alternatives requiring some sort of shelter, test the limits of a city’s zoning powers. In Minnesota municipalities, such as the City of Lakeville, are prohibited from establishing their own construction code requirements, either in statute or in the development agreement. A municipality must not by ordinance, or through development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. Minnesota State Statute 326B.121 Subd. 2(c) Housing First Minnesota supports modifying the existing storm shelter requirement to make the requirement optional or removing the requirement altogether. These options fall within the framework of the City of Lakeville’s authority, maintain homeowner safety and reduce the cost to homeowners. Housing First Minnesota estimates that the removal of the requirement will enable the construction of slab-on-grade homes, priced at roughly $15,000 less than a home with an unfinished basement or a safe room. The other options placed forward for consideration present that same challenge to Minn. State Statues 326B.121 Subd. 2(c) as the existing requirement and hold similar cost challenges requirement. Housing First Minnesota is leading the discussion among policymakers and elected officials to address this housing affordability issue, which is primarily driven by the exorbitant regulatory costs placed on new homeowners. Central to this work is the balance of safety and durability along with homeowner affordability. Housing First Minnesota urges the removal of this requirement. Please feel free to contact me at nick@HousingFirstMN.org with any questions.