HomeMy WebLinkAboutZoning Ordinance UpdateCity of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Kris Jenson, Associate Planner
Date: January 12, 2023
Subject: Packet Material for the January 19, 2023 Planning Commission Work Session
Agenda Item: Zoning Ordinance annual review/update
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. The list of
potential topics for 2023 range from technical corrections to policy issues. An initial work session
on January 19, 2023 is intended to discuss the list of topics compiled by City Staff during the
prior year and receive direction from the Planning Commission as to possible amendments.
Some of the topics raised will require more study, including a review of the ordinances of other
communities.
EXHIBITS
A. Drive-through lane bypass request
CORRECTIONS
The following sections of the Zoning Ordinance include references to an incorrect section or
zoning district, so the proposed changes are simply a correction.
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• Freeway Corridor District (FCD) signs. Section 11-23-19.F1b3A(ii) is regarding wall signs
on buildings over 45,000 sq. ft. in the FCD and incorrectly references subsection G1b(1),
which no longer exists. The correct reference is F1b(1).
• Development Density in multi-family districts. The section on development density
within the RM-2, RM-3, RH-1, and RH-2 districts each reference the RST-2 District
rather than the actual district. This is likely a copy/paste error so each section will be
updated to reflect the correct zoning district.
A NALYSIS
Platted and Unplatted Property. Section 11-16-5.G states that “Except as may be allowed by
conditional use permit and property subdivision, all lots shall have frontage and access directly
onto an abutting, improved, and city accepted public street.” Given Dakota County’s access
spacing guidelines for country roadways, it’s not an uncommon situation for lots to be platted
with public street frontage but not access directly onto an abutting, improved, and city accepted
street. A CUP was recently approved for a lot that did not have frontage or access to a public
street, which raised the issue with Staff as to whether this language should be amended.
Multiple Family Exterior Materials. Section 11-17-9.C.3 addresses exterior materials for
residential uses within the M-1 and M-2 districts and refers to the requirements of Section 11-17-
9.D.1, however, that section is about exterior materials of uses within commercial districts. The
intent is that mixed use buildings should meet the commercial exterior material requirements
but for strictly residential buildings in the M-1 and M-2 districts, the exterior material
requirements should match those of the RH-2 District. Staff recommends deleting Section 11-17-
9.C.3.
Residential Driveway Street Access. Planning Staff has received three inquiries from property
owners constructing single family homes on large lots. The lots are typically more than two acres
in size with street frontage of more than 200 feet. Driveways for single family home lots are
restricted to one per lot, with a second access permitted by administrative permit under certain
criteria. Parking is only allowed on the paved driveway in front of the garage or on a paved space.
Staff is requesting Planning Commission input as to whether additional driveway accesses for
larger lots should be considered.
Parking Stall Locations. Section 11-19-11 addresses the location of all accessory off street
parking facilities. Planning Staff have received several commercial site plans that include parking
spaces proposed within or near the driveway access to the street. The Planning Commission has
noted that driveways of this type are a concern for safety due to vehicles maneuvering into or out
of parking spaces within the entrance/exit. The current parking setback to ROW is 15 feet. Staff is
looking for direction as to whether an increased setback should be considered.
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Number of Required Parking Spaces. Based on feedback from developers and City
Councilmembers as well as experience in other communities, the parking space requirements for
multi-family, commercial, and industrial uses may need to be revised to reflect changes in the
function and operation of these uses. Planning staff requests direction from the Planning
Commission about whether changes parking space requirements should be considered.
Joint Parking Facilities. Section 11-19-17.A addresses situations in which joint parking facilities
may be considered. One such situation relates to parking facilities required for a conference
center, theatre, bowling alley, banquet hall, and bar or restaurant. A bar alone is not a use within
the Zoning Ordinance and this is the only mention of the use within the Zoning Ordinance. Staff
recommends striking the word “bar” from this section.
Solar Energy Systems. Planning Staff has received a formal request for discussion with the
Planning Commission regarding the maximum size for ground mounted solar arrays on
residential zoned properties. 11-29-5.B.2 restricts the size to 120 square feet, to maintain a
useable rear yard and to minimize visual impact from neighboring properties. The Planning
Commission held a work session in 2022 with a resident that owns a three-acre RS-2 zoned
property that would like to install a 580 square foot ground mounted solar array. The Planning
Commission expressed that a variance request would not likely be supported due to the
perceived inability to comply with the seven criteria for a variance to be approved. The proposed
amendment would allow ground mounted solar arrays on residential zoned properties larger
than one acre, subject to approval of an IUP, with standards regarding siting to minimize
neighboring visual impact, installation of landscape screening, and restricting the size to allow
production of electrical power to serve only the needs of the dwelling. Production of power for
off-site distribution would not be permitted. The interim nature of the permit would allow the
solar array to remain on the property until such time the property is subdivided, or the solar
array is removed, at which time the IUP would automatically expire.
Home Occupations. Section 11-32-7.M addresses allowed home occupations and states that
instructional classes with additional students (beyond the one pupil permitted) may be permitted
by IUP, but the next section states that home occupations shall not involve services which consist
of more than one pupil, client, or customer at a time. Staff recommends striking the provision to
allow additional students by IUP.
Development Density in RH-2 District. Section 11-62-13 of the RH-2, Multiple Family
Residential District includes a floor area ratio (FAR) for development of multiple family
dwellings. Upon further review of this requirement, the intent of the FAR in the RH-2 District
was to limit the size of multiple family developments when adjacent to RS (single-family)
districts. Planning Staff recommends adding language to this affect to Section 11-62-13.
Multiple Family Development Density. Multiple family dwellings are a conditional use within
the M-1 and M-2 districts. There is language about the development density based on the
Comprehensive Plan area calculations that differs from the lot calculation language later in the
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same section. Staff recommends eliminating the “arterial and major collector street right-of-way”
from the first section.
Commercial Drive-Throughs. Commercial car washes and convenience restaurants with a
drive-through are conditional uses within the M-1, M-2, C-2, and C-3 Districts. A
resident/former EDC member has requested that the Zoning Ordinance require a by-pass lane
for drive-throughs so that should a vehicle want or need to leave the drive-through lane at any
time, they may do so. The resident submitted an email explaining his request (Exhibit A). Staff is
looking for direction from the Planning Commission if this provision should be explored.
Tattoo Parlors and Cosmetic Tattooing. Tattoo parlors are a permitted use within the C-2 and
C-3 districts and require state licensing for operation. Economic Development and Planning
Staff have received inquiries about a beauty salon offering cosmetic tattooing, more commonly
referred to as permanent make-up or micropigmentation. Regardless of what is being tattooed,
all tattoo practitioners must be licensed by the state and tattooing has become more mainstream
and commonplace. The O-R, C-1, and C-CBD districts do not permit tattoo parlors, but beauty
salons (as an on site service business) are a permitted use. One option to consider is that in
districts that permit beauty salons but not tattoo parlors, tattooing could be permitted as an
accessory use to a beauty salon. Planning Staff would like direction from the Planning
Commission as to whether modifications, if any, should be considered regarding tattoo parlors.
Commercial District Setbacks. The C-2 and C-3 Districts require a rear yard setback of 10 feet,
or 30 feet abutting residential zoned property while the side yard setback is 10 feet on any one
side, or 30 feet on the side yard abutting a street or residential zoned property. For clarity, Staff
would like to amend the rear yard setback language to match the side yard setback language.
Commercial and Industrial Building Heights. The C-3 District has a maximum height of three
stories or 35 feet, while the I-1 and I-2 Districts have a max height of four stories or 45 feet.
Changes to typical industrial development – the need for taller clear areas within buildings – and
to multi-story commercial development – based on feedback from developers, 12 feet is the
typical elevation for a story in multi-family and commercial development. Consideration should
be given as to whether the maximum heights for these three districts is appropriate.
Conditional Use Permits. Planning Staff is currently reviewing uses allowed by conditional use
permit (CUP) and considering whether there are any that could be allowed as a permitted use
instead. The standards associated with those uses would still be included in the Zoning
Ordinance, but it would remove the public hearing process for those CUP items, such as daycare
centers and convenience restaurants without a drive-through in a commercial district.
CUP/IUP/PUD Development Stage Plan Amendments. Currently any building expansion of a
use allowed by CUP, IUP, or PUD Development Stage Plan requires an amendment, which then
triggers a public hearing process. Planning Staff believes that minor building expansions, in the
range of 10% to 20% of the existing structure, could be permitted administratively rather than
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requiring the formal public hearing process. The recent Goddard School expansion is an example
of this situation.
Building Height. Section 11-17-7.E permits structures to exceed the maximum building height
of a zoning district by conditional use permit. Planning Staff has considered whether building
heights within the various Zoning districts should be evaluated and revised rather than allow a
building to exceed the height maximums by CUP.
CONCLUSION
Planning Staff requests that the Planning Commission consider the proposed amendment topics
and provide direction as to the ordinance language to be drafted or further studied. Planning
Staff will prepare a draft ordinance amendment for future review by the Planning Commission at
a future work session.
From:Derik Dautel
To:Jenson, Kris
Subject:Re: Drive-Thru code change request
Date:Wednesday, January 4, 2023 12:26:04 PM
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Thank you Kris!
I guess the only thing I would add is that this measure could be life saving in the event of a
medical emergency. A person shouldn't have to choose between severe damage to their
vehicle or wait for a procession of cars to finish their business.
From: Jenson, Kris <kjenson@lakevillemn.gov>
Sent: Wednesday, January 4, 2023 11:42 AM
To: Derik Dautel <Derik.Dautel@outlook.com>
Subject: RE: Drive-Thru code change request
The Planning Commission will review possible Zoning Ordinance amendments at an upcoming
work session. They won’t be crafting language but simply discussing possible amendments that
have come up over the past year to see what they are interested in pursuing further and then
providing direction to staff regarding possible changes.
I have your email from April 2022 that I will include with the memo that staff prepares for the
work session. If there is additional information you would like to add to that email, please send it
to me by the end of the day on Wednesday, January 11 so it can be included with the memo.
Kris Jenson
Associate Planner, City of Lakeville
952-985-4424 |www.lakevillemn.gov
20195 Holyoke Avenue, Lakeville, MN, 55044
From: Derik Dautel <Derik.Dautel@outlook.com>
Sent: Wednesday, January 4, 2023 9:51 AM
To: Jenson, Kris <kjenson@lakevillemn.gov>
Subject: Drive-Thru code change request
Happy New Year Kris,
EXHIBIT A
I hope the Holidays were enjoyable for you!
I had a reminder on my calendar to reach out to after the first of the year to see what I needed
to do to have my drive through queueing building code change suggestion considered by the
staff. I would be happy to state my argument for this change in person if you feel that would
be effective.
As a reminder, my issue was born from two separate instances where I was effectively held
hostage in two different drive thru restaurants that did not allow me to get out of line due to
the design of their queuing layout.
Per my last email from April of 2022, I looked up wording from a number of cities that have
this type of code and made a "hybrid" based on the wording in Henrico County, VA, Dekalb
County, GA, and Woodlawn, OH statutes:
"All drive-through facilities shall include a bypass lane with a minimum width of ten (10) feet,
by which traffic may navigate around the drive-through facility without traveling in the drive-
through lane and to allow motorists an unimpeded opportunity to exit the drive-through lane.
The bypass lane may share space with a parking access aisle. "
I think this conveys the intent without getting overly cumbersome.
Let me know if this is something I might need to present in person or through an official form
Thanks again,
Derik Dautel
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From:Jenson, Kris
To:Derik Dautel
Subject:RE: Bubble Express queueing design
Date:Monday, April 25, 2022 12:05:00 PM
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Thank you for the suggestion. As I said, staff and the Planning Commission would likely be
looking a possible changes early next year.
From: Derik Dautel <Derik.Dautel@outlook.com>
Sent: Monday, April 25, 2022 11:42 AM
To: Jenson, Kris <kjenson@lakevillemn.gov>
Subject: Re: Bubble Express queueing design
Thank you Kris,
I looked up wording from a number of cities that have this type of code and made a "hybrid"
based on the wording in Henrico County, VA, Dekalb County, GA, and Woodlawn, OH.
statutes:
"All drive-through facilities shall include a bypass lane with a minimum width of ten (10) feet,
by which traffic may navigate around the drive-through facility without traveling in the drive-
through lane and to allow motorists an unimpeded opportunity to exit the drive-through lane.
The bypass lane may share space with a parking access aisle. "
I think this conveys the intent without getting overly cumbersome.
Let me know if this is something I might need to present in person when the time comes!
Thanks again,
Derik Dautel
From: Jenson, Kris <kjenson@lakevillemn.gov>
Sent: Friday, April 22, 2022 9:32 AM
To: Derik Dautel <Derik.Dautel@outlook.com>
Subject: RE: Bubble Express queueing design
Derik,
Once a year, staff reviews and proposes Zoning Ordinance amendments based on suggestions
and situations that have come up over the past year. If you would like to submit an email to me
with the specific change to the ordinance you would like to see, I can add it to our list of issues to
discuss the next time we review proposed changes. This typically happens in January so it
wouldn’t be anytime soon.
Please keep in mind that the Zoning Ordinance doesn’t have one set of rules for drive-throughs.
Car washes and convenience restaurants require conditional use permits, in part because they
have a drive-through and/or stacking of vehicles, but banks, even those with a drive-through, do
not require a conditional use permit. Just wanted to be clear about that.
Kris
Kris Jenson
Associate Planner, City of Lakeville
952-985-4424 |www.lakevillemn.gov
20195 Holyoke Avenue , Lakeville , MN , 55044
From: Derik Dautel <Derik.Dautel@outlook.com>
Sent: Thursday, April 21, 2022 11:27 AM
To: Jenson, Kris <kjenson@lakevillemn.gov>
Subject: Re: Bubble Express queueing design
Thank you, Kris,
At this stage it might be best to just share my email with the commission for this project.
That said, is there a process in place for the public to propose additions to the zoning
ordinances?
From: Jenson, Kris <kjenson@lakevillemn.gov>
Sent: Thursday, April 21, 2022 11:05 AM
To: Derik.Dautel@outlook.com <Derik.Dautel@outlook.com>
Subject: RE: Bubble Express queueing design
Mr. Dautel,
Thank you for your email. The Bubble Barn site meets the Zoning Ordinance requirements, which
does not require a design that permits vehicles in line to be able to leave before reaching the end
of the line should the need arise, for whatever reason.
There are two options for you. You are certainly free to attend the Planning Commission this
evening to express your concerns, though as I’ve noted above, the proposed design meets the
Zoning Ordinance requirements. The other option would be that I can share your email with the
Planning Commission so they can read your concerns about the proposed design.
Let me know which you prefer by 4:00 pm today.
Kris
Kris Jenson
Associate Planner, City of Lakeville
952-985-4424 |www.lakevillemn.gov
20195 Holyoke Avenue , Lakeville , MN , 55044
From: Derik Dautel <Derik.Dautel@outlook.com>
Sent: Thursday, April 21, 2022 10:33 AM
To: Morey, Daryl <dmorey@lakevillemn.gov>
Subject: Bubble Express queueing design
Hi Daryl,
This is a follow-up to my cryptic voicemail.
Backstory: In the past month I have been victimized twice by what I am referring to now as “hostage-
based queueing design”. Once, I went to order food at a fast-food window only to find out that they
were out of their signature item. I didn’t want anything else on their menu, but because of the
design of their drive-thru, I was blocked in with no choice but to wait for everyone ahead of me to
complete their transaction. The second time, a person’s car broke down (or ran out of gas) blocking
a group of us in a line that we could not escape from.
This week, I saw the plans for the new Bubble Barn Express car wash (great concept, by the way), but
with my recent experiences still top of mind, I couldn’t help but think “what would I do if I rounded
the corner on the west side of the building and realized that I forgot my wallet or saw that there
were 15+ cars in line and didn’t have time to wait, etc…” There appears to be no quick way out.
I am assuming that there is no local code against this type of design and as such, if show up at
tonight’s Planning Commission meeting to bring up this concern, am I just wasting everyone’s
time? Alternately, is there another forum that is more appropriate for voicing this concern?
Thanks in advance for your guidance.
Derik Dautel
763-228-5911
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