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HomeMy WebLinkAboutItem 07 Date: Item No. ORDINANCE AMENDING TITLE 11 (ZONING) OF THE CITY CODE CONCERNING STORM SHELTERS Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 11 of the City Code. Overview 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. 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 Planning Commission held a public hearing on the Zoning Ordinance amendment at their September 5, 2019 meeting. There was no public comment at the public hearing; however, prior to the meeting, a resident submitted an email in support of keeping the storm shelter requirement. All Planning Commission members expressed support for the ordinance amendment they recommended at their July 18th meeting, which provides more flexibility for homebuilders to meet the storm shelter requirement for slab on grade dwellings. A motion to recommend approval of an ordinance eliminating the storm shelter requirement failed unanimously. Primary Issue to Consider • Why wasn’t the ordinance eliminating the storm shelter requirement supported by the Planning Commission? Supporting Information • Staff response to primary issue • Exhibit A – Ordinance recommended by the Planning Commission (clean and redlined) • Exhibit B – Ordinance directed by the City Council (clean and redlined) • Exhibit C – Current ordinance • Exhibit D – September 5, 2019 draft Planning Commission meeting minutes • Exhibit E – Email from resident in support of the storm shelter requirement Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Daryl Morey, Planning Director September 16, 2019 Zoning Ordinance Primary Issue to Consider • Why wasn’t the ordinance eliminating the storm shelter requirement supported by the Planning Commission? At their September 5th meeting, each Planning Commission member expressed their thoughts on why they feel keeping the storm shelter requirement is important. Their comments are reflected in the attached draft minutes from the September 5th meeting. If time permits, I encourage Councilmembers to watch the roughly 30 minute replay of the Planning Commission meeting to hear the discussion firsthand. 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 amended to read as follows: 11-17-27: STORM SHELTER: 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. Section 2. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16th day of September 2019. CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor ATTEST BY: _________________________ Charlene Friedges, City Clerk 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 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. Section 2. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16th day of September 2019. CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor ATTEST BY: _________________________ Charlene Friedges, City Clerk 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. Section 2. Section 11-57-19.E of the Zoning Ordinance (RST-2 District – Design and Construction Standards) is hereby deleted in its entirety. Section 3. Section 11-58-21.E of the Zoning Ordinance (RM-1 District – Design and Construction Standards) is hereby deleted in its entirety. Section 4. Section 11-59-21.E of the Zoning Ordinance (RM-2 District – Design and Construction Standards) is hereby deleted in its entirety. Section 5. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16th day of September 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk 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 16th day of September 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk 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. (Ord. 730, sec. 12, 3-17-2003) CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 5, 2019 Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Pat Kaluza, Karl Drotning, Jeff Witte, Brooks Lillehei, Jason Swenson, Jenna Majorowicz, Ex-officio Mike Lamm Members Absent: Vice Chair Scott Einck Others Present: Daryl Morey, Planning Director; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The August 15, 2019 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that an e-mail from a resident who is in favor of keeping the storm shelter requirement in the Zoning Ordinance was distributed at tonight’s meeting. Mr. Morey reminded the Planning Commission of their work session immediately following tonight’s regular meeting. 5. City of Lakeville Chair Kaluza opened the public hearing to consider amendments to Title 11 (Zoning) of the Lakeville City Code concerning storm shelters. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the Planning Commission, at their July 18, 2019 meeting, unanimously recommended approval of amendments to the Zoning and Subdivision Ordinances as Phase 1 of their annual review and update. The Zoning and Subdivision Ordinance amendments were approved at the August 5, 2019 City Council meeting with the exception of the recommended changes to Section 11-17-27 (storm shelters) of the Zoning Ordinance. At their July 18th meeting, the Planning Commission recommended revised wording to Section 11-17-27 to provide more flexibility for homebuilders to meet the storm shelter requirement for slab on grade dwellings. Mr. Morey indicated that 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 and a recommendation from the Planning Commission is necessary. Mr. Morey stated that the redlined ordinance included in the packet material for tonight’s meeting reflects the direction of the City Council. Planning Commission Meeting Minutes, September 5, 2019 Page 2 Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Swenson to close the public hearing at 6:04 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Commissioner Swenson commented on previous Planning Commission work session discussions on this subject and that Commission members agreed that storm shelters are an important safety item included in the Zoning Ordinance. He cited weather forecasting statistics and commented on how forecasting has gotten much better over the years but is still wrong 1 out of 4 times according to statistics from the National Weather Service. • Commissioner Witte stated that as a city, we have a duty to protect the safety and welfare of our citizens. This is an easy thing to do at the time of new home construction. There is peace of mind knowing that there is a safe place to go within your home during a severe storm, especially for kids or the elderly. • Chair Kaluza confirmed with Mr. Morey that there is a state statute that manufactured homes are required to have a storm shelter available to their residents, but the state statute does not apply to all slab on grade homes. • Commissioner Drotning asked Mr. Morey to provide some history on the storm shelter requirement. Mr. Morey stated that Betty Sindt was a City Councilmember from 1980-2000 and lived in the Country View mobile home park. Councilmember Sindt was a strong advocate for storm shelters after experiencing a severe storm while living in Country View. The storm shelter requirement was adopted into the Zoning Ordinance in 2000 following the 1998 Comprehensive Plan Update. The 2000 Zoning Ordinance required a storm shelter either internal to the unit or in a separate structure, built to FEMA standards. A subsequent amendment required the storm shelter be provided in a laundry room or bathroom built to FEMA standards; the option of a separate storm shelter structure was eliminated. The amendment recommended by the Planning Commission on July 18th would provide more flexibility by allowing the storm shelter to be constructed in any internal room in the dwelling, including an attached garage, or as a separate storm shelter building not more than 500 feet from the slab on grade dwelling/s. • Commissioner Majorowicz stated that it is incredibly important that storm shelters be provided to our residents. She remembered how she felt when she was driving home in the storm that hit Lakeville this past June, having the peace of mind knowing that she and her family would be safe in their home when they got there. • Chair Kaluza also remembered driving home in that same storm and knowing he would be safe when he arrived home was so important to him. He stated that residents not having a safe place to go in a storm is a concern for him. Repealing the storm shelter requirement would not be going in the right direction. He felt that the Zoning Ordinance amendment recommended by the Planning Commission Meeting Minutes, September 5, 2019 Page 3 Planning Commission would provide flexibility while keeping the storm shelter requirement. • Commissioner Swenson understands the affordability of housing issue raised by builders and that constructing a storm shelter increases the cost of a slab on grade home, but this is a safety issue, just like having smoke detectors and carbon monoxide detectors in homes. Even with the storm shelter requirement, the City of Lakeville is still very competitive in the housing market and has been the leader in the number of residential permits in the Twin Cities for the past six years. • Commissioner Drotning asked Mr. Morey to explain the CDA workforce housing projects in relation to the storm shelter requirement. Mr. Morey stated that the Zoning Ordinance exempts certain performance standards for new affordable townhouse structures, such as exterior materials, garages, and landscaping, but the storm shelter requirement is not exempt. He stated the CDA indicated last year that it costs about $4,500 per unit to meet the City’s storm shelter requirement. • Commissioner Lillehei agreed that it’s very important for people, especially children, to know that they have a safe place to go during bad weather. He feels the Planning Commission has come up with a very meaningful compromise given the proposed ordinance changes recommended on July 18th. • Chair Kaluza wanted to make it clear that the Planning Commission makes their recommendation to City Council and that the City Council makes the final decision. • Commissioner Drotning commented that he has had two employees who lived in townhomes with storm shelters and they both appreciated having the storm shelter in their home. He stated that when the storm shelter requirement was first adopted, the City received feedback from builders that nobody would buy their townhomes because they were too expensive, when in fact, when buyers compared the townhomes in Lakeville with storm shelters to the townhomes in other surrounding communities, those buyers preferred the Lakeville townhomes. As a community, if Lakeville wants to provide the best possible product to our residents, it is easy to recommend that the City Council consider the revised ordinance forwarded by the Planning Commission on July 18th. He read the e-mail that was distributed at tonight’s meeting. Motion was made by Swenson, seconded by Witte to recommend to City Council approval of the Zoning Ordinance amendment concerning storm shelters as presented. Ayes: 0 Nays: Swenson, Majorowicz, Lillehei, Kaluza, Witte, Drotning There being no further business, the meeting was adjourned at 6:32 p.m. Respectfully submitted, Penny Brevig, Recording Secretary