HomeMy WebLinkAboutZoning Ordinance Update work session
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 14 January 2021
RE: Lakeville – Zoning Ordinance; Annual review/update (2021)
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance, and/or City Code to address issues identified in the course of ongoing
administration of the City’s development regulations and review of development applications.
An initial work session is to be held on 21 January 2021 to discuss the list of topics compiled by
City staff following City Council approval of the Zoning Ordinance update on 1 June 2020 and
receive direction from the Planning Commission as to possible amendments.
Exhibits:
Celebration Church Street Views
18809 Kabot Cove Administrative Permit application
Downtown Development Concept Plan
ANALYSIS
Auto Salvage Yards. Ordinance 17 was adopted in 1966 and has been incorporated into
Title 6, Chapter 2 of the City Code establishing a permitting process and performance
standards for automotive graveyards. Automotive graveyards are defined by the City
Code as a parcel where two or more junk cars are kept. Keeping of unlicensed,
inoperable vehicles as a principal use or for open exterior storage as an accessory use is
not allowed by the Zoning Ordinance. City staff recommends repealing Title 6, Chapter
2 of the City Code.
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Building Height. Section 11-17-7.E of the Zoning Ordinance allows for buildings in
excess of the heights allowed within individual zoning district by approval of a
conditional use permit. One of the criteria for approval of such a conditional use permit
is that for each additional floor over three stories or for each additional ten feet above
thirty five feet, the front and side yard setback requirements are to be increased by five
feet. Several Zoning Districts allow for building heights greater than 3 stories or 35 feet.
The exception provision should be revised to state that for each story or for each 10 feet
above the district limit, the front and side yard setbacks are to be increased by five feet.
Building Materials. The development application for Gala Brewing included a request
for a conditional use permit to allow use of new technology building materials not
specified by the Zoning Ordinance. The proposed building would have utilized anodized
aluminum finished metal panels for up to 29 percent of the exterior finish. The
percentage of the exterior using the anodized aluminum finished metal panels for the
Gala Farms Brewing building would have been consistent with a Grade C material
allowed for up to 35 percent of the exterior finish for commercial and institutional
buildings and not limited for residential and industrial buildings. In 2019, the City added
simulated wood finish panels as an allowed Class C material. City staff recommends
adding anodized aluminum finished metal panels as a Class C material.
Accessory Building Driveway. Section 11-18-7.C.3.e of the Zoning Ordinance requires a
paved driveway to access a detached accessory building larger than 200 square feet that
has an exterior opening a minimum of eight feet wide. The intent of the provision is to
require a paved driveway to a detached accessory building with sufficient size and
access to accommodate a vehicle. A classic 1966 Chevrolet Impala is 6.7 feet wide.
Concern has been raised that a person may seek to avoid the driveway requirement by
adding non-structural trim to a door opening to reduce the width to less than eight feet.
City staff recommends revising the requirement to read that a paved driveway surface is
required for buildings with a door that is greater than six feet in width.
Accessory Building Area. Section 11-18-9.D of the Zoning Ordinance establishes a table
that requires the combined area of accessory buildings and garages shall not exceed
limitations based on minimum lot area or on as a specified floor area, whichever is less.
The column establishing limits as a percentage of lot area for each Zoning District would
always be the lower requirement. City staff recommends revising the table to either
delete the limit as a percentage of lot area or revising it to base the limit on a
percentage of the actual lot area.
Freeway Corridor/Dynamic Displays. Celebration Church attended a Planning
Commission work session on 9 July 2020 regarding installing a dynamic display sign. The
Church wishes to use the existing structure for the freestanding sign on the property so
as to be visible from I-35 and to maintain the symbolism of the cross form of the
structure.
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Signs without a dynamic display within the Freeway Corridor District are allowed to be
up to 150 square feet in area and up to 30 feet in height, which is increased to 50 feet in
height for buildings 100,000 square feet in area or larger. The Zoning Ordinance was
amended in 2018 to allow for dynamic display signs within the Freeway Corridor District
adjacent to I-35, which the Church property is located within. The provisions for
dynamic display signs within the Freeway Corridor District were formulated based on
the proposal of Schneiderman’s Furniture:
o Display may not change more than once every 24 hours.
o Minimum 100,000 square feet building area.
o Located in a yard abutting an arterial or collector street.
o Setback 50 feet from any residential district.
o Maximum dynamic display area of 120 square feet.
o Maximum height of 20 feet.
o Monument structure required constructed of masonry materials with a base
equal to 40 percent of the area of the sign structure.
These provisions were intended to provide opportunity for dynamic display signs that
would be functionally visible to traffic on adjacent streets without causing distraction or
impacting adjacent properties. The provisions for dynamic display signs within the
Freeway Corridor District allow for a larger display area and greater height than a
dynamic display sign otherwise permitted within the C-2 and C-3 Districts based on
greater distance from I-35 and higher vehicle speeds (lower visibility opportunity).
The existing Church sign is 150 square feet in area and 30 feet in height. July 2019
images from Google Street view illustrate the visibility of the existing sign from I-35. The
sign on the Schneiderman’s lot is approximately 20 feet higher in elevation than the
location of the sign on the Celebration Church lot. But, although the Schneiderman’s lot
is at a higher elevation than the Church, there is no significant difference in the visibility
of the existing 20 foot sign on the Schneiderman property and the 30 foot sign on the
Church property.
The elevation of the Church property rises from north to south to the lot line abutting
Schneiderman’s property. The Church can relocate the freestanding sign within the
property to take advantage of the natural elevation change to increase the height of the
sign while complying with the current 20 foot height limit. Or, the height allowed for
dynamic display signs within the Freeway Corridor District may be increased to 30 feet,
which is the same height allowed for signs without dynamic display signs accessory to
buildings less than 100,000 square feet in area within the Freeway Corridor District. This
would allow the sign to remain at its current location and have adequate visibility from
I-35. If the allowed height for a dynamic display sign within the Freeway Corridor
District is increased, the City may consider removing the requirement for a monument
type structure.
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Regarding allowed sign area, the dynamic display portion of the replacement sign can be
limited to 120 square feet with additional static display of up to 30 square feet within
the 150 square foot sign area to utilize the existing cabinet. Or, the City may increase
the allowed area for dynamic display to 150 square feet, which is the allowed
freestanding sign area for buildings less than 100,000 square feet in area within the
Freeway Corridor District. Outside of the Freeway Corridor District, a dynamic display
within a freestanding sign is limited to 40 square feet within the allowed sign area of up
to 100 square feet within the C-2 and C-3 Districts.
City staff recommends consideration of the following for allowance of dynamic display
signs within the Freeway Corridor District:
o Increase the allowed height for dynamic display signs to 30 feet.
o Remove the requirement for a monument type sign structure.
o Maintain the current limit for the area of a dynamic display of 120 square feet
within a total sign area of 150 square feet.
Goats. The City adopted provisions in 2019 allowing for prescribed grazing by goats as a
means to control invasive vegetation. The City drafted its ordinance after reviewing
regulations in surrounding cities, specifically the City of Eagan. The current regulations
for prescribed grazing include:
o Limit of one goat per 0.1 acre.
o Provision of temporary or permanent fencing with a minimum height of four feet
and maximum height of six feet. Use of electric fencing is allowed only within
the A-P and RA Districts.
o Permit duration is limited to 30 days unless extended by the Zoning
Administrator and there must be a 60 day period between permits issued for the
same property.
An application was made for a prescribed grazing permit for the property at 18809
Kabot Gove. The property is within the RS-3 District, is 1.09 acres in area and is
developed with a single family dwelling. The request on the permit is for use of goats
to clear buckthorn and ivy from 0.4 acres northwest of the house.
The property would be allowed 10 goats based on the area of the lot. The contractor
requested allowance for 20-25 goats to be used on the property for up to 10 days citing
a standard of 40 goats per acre to clear the vegetation within 10-15 days. Based on the
number of goats allowed by the Zoning Ordinance, the area to be grazed and the ratio
cited by the contractor, four goats would not be able to clear the proposed area within
the 30 day period allowed by the Zoning Ordinance. Increasing the number of goats
allowed to 2 per 0.1 acre (same as Eagan) would bring the timeframe closer to the 30
day limit. The Zoning Administrator has the ability to extend this permit if necessary to
complete the prescribed grazing.
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The application also requested use of electric fencing to contain the goats indicating
that temporary fencing meeting the Zoning Ordinance specifications is not available.
The proposed fence would be 35 inches in height and uses a solar power source. The
contractor indicates that the fencing is effective at both containment of the goats as
well as keeping predators out. The signs to be installed on the fence would have been
smaller and not include the specific language prescribed by the Zoning Ordinance.
The intent of the standards adopted in 2019 was to make prescriptive grazing available
for residential properties in a conservative manner and make modifications upon review
of best practices. The Planning Commission may consider possible amendments to the
Zoning Ordinance to increase the number of goats allowed, thereby decreasing the
duration of the prescribed grazing, and allowing electric fences within residential zoning
districts (and conditions related to such fencing, i.e., property line setback). Amending
requirements for signs may also be considered concurrent with these other changes.
Airport. The City processed applications related to construction of a maintenance
building at Airlake Airport in August 2020. City staff noted that the functional
characteristics and past development pattern for the airport create challenges with
regards to application of the Zoning Ordinance provisions established for uses within the
I-2 District, which the airport is zoned. City staff is recommending establishing a special
airport zoning district to regulate use and development of Airlake Airport. This zoning
district would provide for establishment of general performance standards, lot and
setback requirements, building requirements, etc. specific to the unique conditions for
Airlake Airport within the City.
Motor Fuel Facilities. The owner of the former Hi-Hi Market, which is a convenience
store/motor fuel facility located at 8333 210th Street, has proposed exterior remodeling
that would include LED bands on the principal building and canopy.
Section 11-37-3.E and Section 11-37-7.B of the Zoning Ordinance require the exterior
finish for motor fuel facilities utilize earth tone colors. These sections further allow that
10 percent of the building facade may contain contrasting colors and that the canopy
may have contrasting color bands or accent lines not to exceed an accumulative width
of four inches provided they not be illuminated. Section 11-16-17.B.1.c of the Zoning
Ordinance regulating exterior lighting generally for commercial, industrial, and
institutional uses also states that lighting of the facades of a building may only utilize
illuminating devices mounted on top and facing downward onto the structure.
The Planning Commission is asked to provide direction as to whether the Zoning
Ordinance is to be modified to allow for the illuminated bands on motor fuel facilities, as
well as other commercial, industrial, or institutional buildings. In response to use of LED
banding on signs, the City did establish performance standards in Section 11-23-15.F
that could be expanded upon to apply to such lighting used on buildings and/or
canopies:
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1. Illuminated signs shall be shielded to prevent lights from being
directed at oncoming traffic in such brilliance that it impairs the
vision of the driver and may not interfere with or obscure traffic
signs or signals. Lighting may not illuminate any adjacent
properties, buildings, or streets.
2. No sign incorporating LED lighting may be illuminated in any way
so as to exceed a maximum intensity of five thousand (5,000) nits
during daylight hours or five hundred (500) nits from sunset to
sunrise measured at the sign face at maximum brightness.
3. Signs using fluorescent, neon or incandescent light sources shall not
exceed twelve (12) watts per square foot of sign surface area.
4. All signs incorporating LED lighting installed after December 3,
2012, shall be equipped with a mechanism that automatically
adjusts the brightness to ambient lighting conditions to conform to
the requirements of this subsection.
Development Density. The RM and RH districts include provisions stating requirements
for development density and lot area per unit. Allowed development density is a
regulatory function of the Comprehensive Plan. The Zoning Ordinance establishes a
more specific minimum lot area, or lot area per dwelling unit requirement for
townhouses and multiple family uses, that excludes more factors consistent with
Section 11-17-21.B of the Zoning Ordinance:
o Density: The maximum development density will be based on the net buildable
lot area exclusive of major collector or arterial street rights of way, wetlands,
major drainageways as defined by the water resources management plan, water
bodies and slopes steeper than three to one (3:1) slope ratio.
o Lot Area: The area of a lot (or lot area per dwelling unit) is measured as the area
of a horizontal plane within the lot lines excluding major drainageways, as
defined by the water resources management plan, wetlands, water bodies,
street rights-of-way, required buffer strips, regional utility/pipeline easements,
and slopes steeper than three to one (3:1).
City staff recommends revising the development density sections within the RST-2, RM-
1, RM-2, RM-3, RH-1, RH-2, M-1, and M-2 District to reflect only the provisions of
Section 11-17-21.B of the Zoning Ordinance.
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Downtown Development Guide. The City adopted an update of the Downtown
Development Guide for Downtown Lakeville in 2018. The land use changes
recommended by the Downtown Lakeville Concept Plan were incorporated as part of
the 2040 Lakeville Comprehensive Plan. Amendments to various provisions of the
Zoning Ordinance are required to implement the recommendations of the Downtown
Development Guide and 2040 Comprehensive Plan with respect to Downtown Lakeville:
o Off-Street Parking. A traditional downtown development pattern minimizes the
availability and visibility of private off-street parking relying more on centralized
public facilities and on-street parking. The City has invested in development of
public off-street parking areas within Downtown Lakeville and allows on-street
parking throughout the area. City staff is recommending an inventory and
analysis of available off-street and on-street parking be prepared as a basis for
eliminating requirements that individual uses construct individual private off-
street parking for their businesses. Standards would also be proposed
regulating the location and screening requirements for private off-street parking
areas that are constructed to ensure that they maintain consistency with the
desired characteristics for Downtown Lakeville.
o RH-CBD District. The Downtown Lakeville Development Concept Plan
recommends redevelopment of certain properties with townhouse and multiple
family dwellings within the downtown area. The addition of these dwelling
units would increase housing options, bring added activity, and provide market
support for businesses. City staff recommends establishing a new zoning
district to allow for townhouses as a permitted use and multiple family dwellings
as a conditional use limited to specific locations designated on the Downtown
Lakeville Development Concept Plan. The performance standards applicable to
these developments would be form based focused on the location, bulk, and
height of the buildings to provide for the desired development character and
intensity.
o C-CBD District Mixed Use. The Downtown Development Guide encourages
creating opportunities for mixed use development within the central commercial
core of Downtown Lakeville. Mixed use development may include reuse of
second floor spaces within existing buildings or redevelopment of properties
with new buildings combining commercial and apartment dwellings. City staff
recommends amending the existing C-CBD District to incorporate allowance for
mixed use buildings as a conditional use and form based performances
standards.
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CONCLUSION
The Planning Commission will consider the proposed amendment topics and City staff is seeking
direction as to the ordinance language to be drafted. City staff will prepare a draft ordinance
amendment for further review by the Planning Commission at a future work session.
c. David Olson, Community and Economic Development Director
Andrea McDowell-Poehler, City Attorney
SOUTHBOUND I-35
NORTHBOUND I-35
NORTHBOUND I-35
Celebration Church
Schneiderman’s Furniture