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HomeMy WebLinkAboutItem 11 Date: Item No. ORDINANCE AMENDING TITLE 11 (ZONING) OF THE CITY CODE CONCERNING OUTDOOR STORAGE, SIGNS AND PROHIBITED ANIMALS Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 11 of the City Code and a summary ordinance for publication, as presented. Overview The Planning Commission and staff are recommending approval of an ordinance amending Title 11 of the City Code (the Zoning Ordinance) that addresses three issues that have been raised since the City Council approved Phase 1 of the 2019 Zoning Ordinance update at their August 5, 2019 meeting. Two of the three proposed changes to the Zoning Ordinance pertain to zoning enforcement issues: the outdoor storage of trailers in the shoreland impact zone and the keeping of prohibited animals. The other proposed change is in response to a signage issue raised by representative of the Park Nicollet medical office building under construction in the northwest quadrant of the CSAH 50/60 roundabout. Please refer to the November 1, 2019 planning report for more information on these three proposed Zoning Ordinance changes. The Planning Commission held a public hearing on the Zoning Ordinance amendment at their November 7, 2019 meeting. There was public comment from Georgetta Olson, 10669 – 202nd St., a homeowner on the south side of Lake Marion who has an ice fish house/trailer stored outdoors within the shore impact zone. The Planning Commission unanimously recommended approval of the Zoning Ordinance amendment as presented by staff. The Olsons have subsequently submitted a letter and photos of their situation for City Council consideration. Primary Issue to Consider • Is the Olson’s ice fishing house/trailer allowed in its current location by current ordinance standards? Supporting Information • Ordinance amending Title 11 of the City Code and Summary Ordinance for Publication • November 7, 2019 draft Planning Commission meeting minutes • November 1, 2019 planning report and redlined Ordinance • Letter from John and Georgetta Olson, 10669 – 202nd St. Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Daryl Morey, Planning Director November 18, 2019 Zoning Ordinance Primary Issue to Consider • Is the Olson’s ice fishing house/trailer allowed in its current location by current ordinance standards? Section 11-18-7.F.2 of the Zoning Ordinance requires that an ice fishing house constructed as a trailer shall be regulated as a recreational vehicle. Section 11-22-5.A.2.d states that recreational vehicles and equipment shall not be stored within a shoreland impact zone of bluff impact zone, except for watercraft. The Olsons have stated that this is an ice fishing house being used to store watercraft. As such, it cannot be stored in the shore impact zone as is currently the case. The shore impact zone is defined by the Zoning Ordinance as land located between the ordinary high water level (OHWL) of a public water and a line parallel to it at a setback of 50% of the structure setback. The structure setback for Lake Marion is 75 feet so the shore impact zone is the area within 37.5 feet of the OHWL. The proposed Zoning Ordinance amendment will add a definition of watercraft. ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (ZONING), CHAPTERS 2, 22, 23, AND 35 OF THE LAKEVILLE CITY CODE CONCERNING OUTDOOR STORAGE, SIGNS, AND PROHIBITED ANIMALS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 11-2-3 of the Lakeville City Code is hereby amended to add a definition of Watercraft to read as follows: WATERCRAFT: a vessel licensed for marine or waterborne use that has propulsive capability whether by sail, oar, paddle or engine, and does not include a device that merely floats. SECTION 2. Section 11-22-5.A.2 of the Lakeville City Code is hereby amended to read as follows: 2. Not more than two (2) licensed and operable recreational vehicles and equipment, including open trailers used only for the storage and transport of recreational vehicles and equipment, may be parked or stored on property outside a building as follows: a. In the front yard, provided they are kept on an established driveway, entirely on the equipment or vehicle owner's property. Recreational vehicles may not be parked or stored on public property or street right-of-way. b. In the side yard only when abutting an attached or detached garage, provided that: (1) The recreational vehicles and equipment are not closer than five feet (5') from the side lot line and not within a required buffer yard. 2 (2) The area on which the recreational vehicle and equipment are stored shall be surfaced with asphalt, concrete or paving brick. (3) The recreational vehicles and equipment within the side yard of a corner lot abutting a public right-of-way are not closer than twenty feet (20') from the property line. c. In the rear yard not closer than ten feet (10') from the rear lot line, and five feet (5') from the side lot lines. This exception shall not include enclosed storage trailers or other trailers whose primary purpose is to store items other than a recreational vehicle. d. Except for watercraft as defined by this title, recreational vehicles and equipment shall not be stored within a shoreland impact zone or bluff impact zone, except for watercraft. Section 3. Section 11-23-19.C of the Lakeville City Code (Signs – District Regulations) is hereby amended to read as follows, and Section 11-23-19.D is hereby deleted, with subsequent subsections renumbered accordingly: C. Within the O-R and C-1 Districts the following additional regulations shall apply: 1. Total Area and Number of Signs: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed fifty (50) square feet each side with a maximum height of twenty feet (20'). b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one elevation or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, except no sign shall be installed on an elevation facing an interior side or rear yard abutting a residential district. The area of individual signs shall not exceed sixty-four (64) square feet. SECTION 4. Section 11-35-3.I of the Lakeville City Code is hereby amended to read as follows: I. Prohibited Animals: 3 1. No person shall keep, possess or otherwise allow the following animals within the City, except pursuant to an exception provided under Section 11-35-3.I.2 of this title: 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 I1 or I2 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. 2. Exceptions: a. Pursuant to an interim use permit approved prior to May 15, 2017; b. In association with a zoo program licensed by the State of Minnesota for a period not longer than thirty (30) days; or c. Animals in transit that are caged or kenneled. Section 5. This Ordinance shall be effective immediately upon its passage and publication according to law. 4 PASSED and ADOPTED by the Lakeville City Council this 18th day of November 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE This ordinance amends Title 11 of the Lakeville City Code. Amendments have been made to the following chapters of the Lakeville City Code: Title 11 (Zoning Ordinance) Chapter 2-3 (Definitions) Chapter 22-5.A (Outdoor Storage, Exceptions) Chapter 23-19 (Signs, District Regulations) Chapter 35-3.I (Prohibited Animals) A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 18th day of November 2019. CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk City of Lakeville Planning Department Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: November 1, 2019 Subject: Packet Material for the November 7, 2019 Planning Commission Meeting Agenda Item: Zoning Ordinance Amendment Concerning Outdoor Storage, Signs, and Prohibited Animals Background Outdoor Storage – Staff has received complaints about lakeshore property owners who store trailers adjacent to the lakeshore. In some cases, the trailer may be located adjacent to a public trail that abuts the lakeshore. The proposed Zoning Ordinance amendment would prohibit the storage of recreational vehicles and equipment, including trailers, within a shoreland impact zone or a bluff impact zone. The proposed amendment also adds a definition of watercraft and allows the storage of watercraft within a shoreland impact zone or bluff impact zone. Signs (O-R District) – The Park Nicollet medical office building is under construction in the northwest quadrant of the CR 50/CR 60 roundabout. The property is zoned O-R, Office/Residential Transition District. Section 11-23-19.C of the Zoning Ordinance allows two, 50-square foot wall signs for buildings on a corner lot. Park Nicollet representatives are requesting two, 64-square foot wall signs and asked about applying for a variance. In reviewing the ordinance, Planning Dept. staff and our planning consultant agree that there are similarities between the O-R District and C-1 District with regards to signage and impacts on adjacent properties. The C-1 District allows wall signs up to 64-square feet in area. Rather than consider a variance in this case, staff and our planning consultant recommend that the O-R District signage be included with the C-1 District signage requirements and the separate O-R District signage section be eliminated. Prohibited Animals – During a recent court action involving Mikayla Raines, the judge in the case thought the City’s Zoning Ordinance wording regarding prohibited animals (Section 11-35-3.I) was ambiguous. The City Attorney’s office recommended that the case be dropped, and the Zoning Ordinance wording be modified to remove any perceived ambiguity. The 2 proposed changes to this section of the Zoning Ordinance are recommended by the City Attorney. Attachments • Redlined ordinance Recommendation Staff recommends approval of an amendment to the Zoning Ordinance concerning outdoor storage, signs, and prohibited animals. ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (ZONING), CHAPTERS 2, 22, 23, AND 35 OF THE LAKEVILLE CITY CODE CONCERNING OUTDOOR STORAGE, SIGNS, AND PROHIBITED ANIMALS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 11-2-3 of the Lakeville City Code is hereby amended to add a definition of Watercraft to read as follows: WATERCRAFT: a vessel licensed for marine or waterborne use that has propulsive capability whether by sail, oar, paddle or engine, and does not include a device that merely floats. SECTION 2. Section 11-22-5.A.2 of the Lakeville City Code is hereby amended to read as follows: 2. Not more than two (2) licensed and operable recreational vehicles and equipment, including open trailers used only for the storage and transport of recreational vehicles and equipment, may be parked or stored on property outside a building as follows: a. In the front yard, provided they are kept on an established driveway, entirely on the equipment or vehicle owner's property. Recreational vehicles may not be parked or stored on public property or street right-of-way. b. In the side yard only when abutting an attached or detached garage, provided that: (1) The recreational vehicles and equipment are not closer than five feet (5') from the side lot line and not within a required buffer yard. 2 (2) The area on which the recreational vehicle and equipment are stored shall be surfaced with asphalt, concrete or paving brick. (3) The recreational vehicles and equipment within the side yard of a corner lot abutting a public right-of-way are not closer than twenty feet (20') from the property line. c. In the rear yard not closer than ten feet (10') from the rear lot line, and five feet (5') from the side lot lines. This exception shall not include enclosed storage trailers or other trailers whose primary purpose is to store items other than a recreational vehicle. d. Except for watercraft as defined by this title, recreational vehicles and equipment shall not be stored within a shoreland impact zone or bluff impact zone, except for watercraft. Section 3. Section 11-23-19 of the Lakeville City Code (Signs – District Regulations) is hereby amended to read as follows, with subsequent subsections renumbered accordingly: C. Within the O-R District the following additional regulations shall apply: 1. Total Area and Number of Signs: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed fifty (50) square feet each side with a maximum height of twenty feet (20'). b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one elevation or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, except no sign shall be installed on an elevation facing an interior side or rear yard abutting a residential district. The area of individual signs shall not exceed fifty (50) square feet. DC. Within the O-R and C-1 Districts the following additional regulations shall apply: 1. Total Area and Number of Signs: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed fifty (50) square feet each side with a maximum height of twenty feet (20'). 3 b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one elevation or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, except no sign shall be installed on an elevation facing an interior side or rear yard abutting a residential district. The area of individual signs shall not exceed sixty-four (64) square feet. 2. Freeway Corridor Area: Signs for uses within the freeway corridor area shall be subject to the regulations of subsection G of this section. SECTION 4. Section 11-35-3.I of the Lakeville City Code is hereby amended to read as follows: I. Prohibited Animals: Except as approved prior to May 15, 2017, the following animals shall not be kept within the City, except as associated with a Zoo Program licensed by the State for a period of not longer than thirty (30) days: 1. No person shall keep, possess or otherwise allow the following animals within the City, except pursuant to an exception provided under Section 11-35-3.I.2 of this title: 1.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. 2.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. 3.c. Any hybrid or crossbreeds between an animal defined in subsections I1 or I2 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.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. 5.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. 4 6.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. 2. Exceptions: a. Pursuant to an interim use permit approved prior to May 15, 2017; b. In association with a zoo program licensed by the State of Minnesota for a period not longer than thirty (30) days; or c. Animals in transit that are caged or kenneled. Section 5. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this _____ day of ______________ 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk Dear Lakeville City Council: Thank you for the opportunity to read and consider comments to the proposal of amendments to Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning outdoor storage. 1. Section 2 is proposed to be amended to read as follows: "2. Not more than two(2) licensed and operable recreational vehicles and equipment, including open trailers used only for the storage and transport of recreational vehicles and equipment may be parked or stored on property outside a building as follows: c. In the rear yard not closer than ten feet (10') from the rear lot line, and five feet (5') from the side lot lines. This exception shall not include enclosed storage trailers or other trailers whose primary purpose is to store items other than a recreational vehicle. d. Except for watercraft as defined by this title, recreational vehicles and equipment shall not be stored within a shoreland impact zone or bluff impact zone, except for watercraft (BOLD WORDS ARE PROPOSED TO BE DELETED)." 2. We have an enclosed Core ice house situated in our backyard along the Lake Marion waterfront to house watercraft, and this is located adjacent to the Juno Trail. We requested and received a waiver to allow it to be there. We take exception to the proposed language to Title 11 recently submitted by the planning commision, we request the city council delay action on the proposal and return this item back to the planning commission for further discussion and input by the Lake Marion Association (LMA) and the affected 19 Lakefront property owners who have the Juno Trail through their property. There has not been ample time for public consideration and comment by LMA members in addition to the affected Lakefront property owners in the area of consideration on the proposed amendment to Title 11. BACKGROUND: We are an active family of 5 (2 adults and 3 boys ages 11, 16 and 18) who have a 2019 graphite grey Core ice house on our property along the waterfront at 10669 202nd St West, Lakeville, MN. This ice house holds our watercraft (kayaks, paddleboards, water inflatables and accessories) that we use on Lake Marion on a daily basis during the late spring/summer/fall seasons. Our home is our cabin, and we use the lake to its fullest! As stated above, we requested and received a waiver to house these items in an enclosed space for the following main reason: a. MEDICAL NECESSITY: I, Georgetta Olson, co-owner of the property at 10669 202nd St West, am a retired, 30% disabled Air Force veteran who retired from the United States Air Force last year after 32 years of total service. I have a lower back medical situation as I experienced herniated discs about 3 years ago and was unable to function. With medical intervention and several months of physical therapy, I was able to fully recover. I do not want to have a back injury again, and I feel the risk to incur injury is extremely high if our watercraft are not easily accessible at the shoreline. Carrying watercraft from our home "on the hill" to the waterfront for a healthy, active lifestyle and usage of the lake would be extremely difficult and would present a high risk to my excellent health and well being. It is extremely unreasonable to haul heavy equipment to and from the waterfront (essentially up and down an extreme incline) when I can and should be able to access these items from a flat area. Our house has an approximate 35-40 degree slope down to the water and a 60 foot distance up/down to the shoreline. Having watercraft items conveniently located next to the lake allows minimal medical liability to injury and maximum use/enjoyment of the beauty of Lake Marion. I find true mental peace and calmness when using these water systems and enjoying the lake, and I am appreciative of their proximity next to the water. Bottomline: Storing watercraft next to the lake is required so I do not hurt myself again. I am 50 years young, and I look forward to many years of enjoying outdoor hobbies. The Core ice house is a perfect storage solution. The following items need to be considered: b. SUBDUED COLOR, etc: The Core ice house is a 2019 structure, brand new, rust free, subdued in color, and 3 feet off the Juno Trail/walkpath with professional maintenance and landscaping surrounding it. We have lush green grass on all sides, and we maintain the scenic beauty of the walkway by seeding, watering and mowing the entire area between the Juno trail and the water, landscaping with daylilies, hostas and other prairie flowers along the steep bluff opposite the ice house area and placing potted ferns/flowers near our dock entrance. We chose a graphite grey color for the Core to blend as much as possible with the surrounding vegetation and bushes. c. THEFT: Our watercraft are housed in an enclosed system to minimize the opportunity of theft. All items are secured in a confined space, not randomly stored openly or covered with tarps and ropes/bungee cords. Because our property has the Juno Trail going through our backyard, the public is allowed to travel through our property at will as the path forms an easement. There is signage that the trail is closed from dusk to dawn, but due to streetlights illuminating the path when it is dark, people use the trail 24 hours a day, 7 days a week. It is a safety risk to have expensive watercraft items openly stored because the public is allowed access whenever they choose. There are not gates at the trailhead entrances nor is our property fenced. d. MAXIMUM USAGE OF PROPERTY: We do not own a cabin or any property elsewhere. Our primary home is our only residence, and we take pride in keeping and maintaining a beautiful home on the water. We have landscaped the waterfront area with boulder walls, granite steps, river rock, sedum, hostas, landscape lighting, etc. We moved here from Washington DC in December 2010 to have a residence that was located on the water, close to a ski hill, close to a major highway system, close to a major airport and located in a fantastic city with a top-notch school system. We have summer equipment and winter equipment, and we fully maximize everything Lake Marion and the City of Lakeville has to offer regarding recreational fun. It must be noted that we actually take exception to the limit of 2 recreational items, and we request the city re-evaluate this policy language. It does not seem fair, right or just to put a limit on a homeowner's ability to own/store items for recreational use, especially since Minnesota has two distinct seasons for seasonal equipment: Summer and Winter. e. STORAGE LIMITATIONS: Our property is quite sloped, angled and contains a tall bluff with trees and vegetation. Being required to move the Core to 35 feet from the High Water Mark is unreasonable due to the natural topography of the property. We would simply block the waterfront view of our immediate neighbor, and they would not be happy with the situation of the ice house blocking their view of the water. The current location of the Core does not impede the view of any neighbors as it is hidden by the natural bluff. Please see submitted photos. e. COMPLIANCE: We understand that there is/are complaint(s) of the trailer being located on the property. We respectfully request to see the redacted complaints to understand the nature of the complaint(s) and work to solve the situations with either a fence, bushes, vegetation, etc in order to address the problem. As stated previously, it is currently out of view of the sightlines of both neighbors and from the water due to dense foliage, trees and bushes. It must be noted that the picture of the ice house shown by the city depicts a distorted view of the ice house by showing that it has a rather elongated frontal area. On the contrary, it is a 6x12 enclosure, barely longer than a typical motorboat. Please see submitted photos. f. NORMAL STORAGE OF ITEMS ALONG WATERFRONT: Lake Property owners store docks, platforms, boats, canoes, and other items along the walkway and in the shoreland impact zone from October through May (8 out of 12 months of the calendar year) along the Lake/Juno Trail. Having a subdued ice house among the mix of items stored along the walkway seems to be very reasonable. There are multiple 30 and 40 foot dock sections belonging to neighbors that line the Juno Trail, and some of these dock sections are 12 -14 feet in height which tower over the patrons of the walkway and have vegetation surrounding them. Please see submitted photos. g. SUMMARY: There are approximately 19 homes that have this unique situation of the Juno Trail in their backyard. We respectfully request the opportunity for the LMA and affected homeowners to engage in dialog with the city planning department on the appropriate language and wording for the amendment to meet the mission of the city while allowing taxpayers and residents full use of their property. Lakefront homeowners pay premium tax rates, and the opportunity to have a voice and say in the utilization of private property is necessary. Since the public is allowed to travel on and through private property, comment on our personal belongings and complain to the city about the nature of our backyards, we should be offered the opportunity engage in open dialog with city planners, not just be afforded one opportunity to address the planning commision. Further, we request a simplified waiver approval process be established in order to have an avenue for waivers/exceptions. ACTION REQUESTED: We respectfully request the city council delay action on the proposal and return the item back to the planning commission for further discussion and input by the Lake Marion Association (LMA) and affected 19 Lakefront property owners. There has not been ample time for public consideration, comment and dialog by LMA members in addition to the affected Lakefront property owners in the area of consideration on the proposed amendment to Title 11. Or we request you allow an enduring waiver for the Core ice house/trailer in its present location for the reasons stated herein. Sincerely, John and Georgetta Olson Homeowners, 10669 202nd St West View 1 of Core ice house, trail and bluff looking east. View of bluff, trail and Ice house looking west Picture of neighbor boat lifts along trail Picture 2 of neighbor boat lifts and docks along Juno trail Picture 3 of additional dock and boat lifts along the trail Picture 4 of another dock and boat lift located along the trail. Olson picture, backyard slope Olson picture 2, slope 2