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HomeMy WebLinkAboutItem 05City of Lakeville Planning Department Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: August 28, 2019 Subject: Packet Material for the September 5, 2019 Planning Commission Meeting Agenda Item: Zoning Ordinance Amendment – Storm Shelters BACKGROUND On July 18, 2019 the Planning Commission unanimously recommended approval of amendments to the Zoning and Subdivision ordinances as part of the annual review and update of these ordinances. At their August 5, 2019 meeting the City Council approved the amendments, with the exception of the changes to Section 11-17-27 (Storm Shelters) of the Zoning Ordinance recommended by staff and Planning Commission. The City Council directed staff to draft an amendment to the Zoning Ordinance that eliminates the storm shelter requirement entirely. As such, a new public hearing notice was prepared that includes the four sections in the Zoning Ordinance that refer to the storm shelter requirement. The attached redlined ordinance reflects the direction of the City Council. Attachments • Proposed Zoning Ordinance amendment (redlined) • August 5, 2019 City Council minutes • Zoning Ordinance amendment (Section 11-17-27) recommended by the Planning Commission (redlined) 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. Section 11-17-27 of the Zoning Ordinance (Storm Shelter) is hereby deleted in its entirety: 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 internally to the dwelling or dwelling unit. 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 storage. 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 2. Section 11-57-19.E of the Zoning Ordinance (RST-2 District – Design and Construction Standards) is hereby deleted in its entirety: E. Storm Shelter: In cases where dwelling units are constructed slab on grade, provisions shall be made to provide for storm protection as required by section 11-17-27 of this title. Section 3. Section 11-58-21.E of the Zoning Ordinance (RM-1 District – Design and Construction Standards) is hereby deleted in its entirety: E. Storm Shelter: In cases where dwelling units are constructed slab on grade, provisions shall be made to provide for storm protection as required by section 11-17-27 of this title. Section 4. Section 11-59-21.E of the Zoning Ordinance (RM-2 District – Design and Construction Standards) is hereby deleted in its entirety: E. Storm Shelter: In cases where dwelling units are constructed slab on grade, provisions shall be made to provide for storm protection as required by section 11-17-27 of this title. Section 5. This Ordinance shall be effective immediately upon its passage and publication according to law. 2 ADOPTED by the Lakeville City Council this ______ day of ______________, 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk City Council Meeting Minutes, August 5, 2019 Page 4 9. Zoning Ordinance Amendment Dan Licht presented an ordinance amending Titles 5, 10 and 11 of the City Code, which represents phase one of the city's zoning ordinance update. Phase one addresses the administrative section of the zoning ordinance. It includes amendments that clarify various provisions related to animals, development fees, exterior finish materials, storm shelters, parking, fences, signs, Central Business District uses, RM -1 District standards, commercial recreation and P -OS District standards. Council members asked staff to address the exemption for the height of church crosses with phase two of the zoning ordinance update later this year. Steven Pattee, representing All Saints Church, thanked the City Council and staff for considering an amendment to allow dynamic display signs for churches located in a residential zoning district. Council members discussed Section 9 of the proposed ordinance related to storm shelters. Council members Hellier, Volk and Wheeler expressed a desire to eliminate the provision for storm protection for residential dwellings that are constructed slab -on -grade in order to make housing more affordable. Mayor Anderson stated, from a public safety standpoint, he supports the storm shelter provision as presented. Council Member Lee also supported the storm shelter requirement but questioned the 500 -foot distance to a common storm shelter building. Council members expressed a desire to adopt the proposed ordinance, except for Section 9 related to storm shelters, and direct staff to draft an ordinance that removes the storm shelter requirement entirely. Mayor Anderson stated he prefers to move ahead with the ordinance as presented. Motion was made by Hellier, seconded by Volk, to adopt Ordinance No. 1015 and a summary ordinance for publication, except for Section 9. Roll call was taken on the motion. Ayes - Wheeler, Hellier, Lee, Volk; Nay - Anderson 10. Unfinished business: None 11. New business: None 12. Announcements: Next regular Council meeting, August 19, 2019 Motion was made by Hellier, seconded by Wheeler, to adjourn. 1 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. For 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.