HomeMy WebLinkAboutItem 06 City of LakevilleCity of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Kris Jenson, Associate Planner
Date: June 7, 2023
Subject: Packet Material for the June 15, 2023 Planning Commission Meeting
Agenda Item: Public Hearing for Amendments to Titles 10 and 11 of the Lakeville City
Code
BACKGROUND
At the May 18th meeting, the Planning Commission held a public hearing on amendments to the
Subdivision and Zoning Ordinances to address issues identified in the course of ongoing
administration of the City’s development regulations and review of development applications.
The Planning Commission held work sessions on January 19th and April 6th of this year to discuss
topics compiled by City staff during the prior year to provide direction as to possible
amendments.
In the preparation of the public hearing notice for the May 18th meeting, some sections of the
Zoning Ordinance proposed to be amended were inadvertently left off of the public hearing
notice. Since those items couldn’t be considered at the May 18th meeting, those items are being
brought forward in this second round, in addition to a few other items that arose since the May
18th public hearing notice was published.
EXHIBIT
A. Draft ordinance
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A NALYSIS
Recording of the Final Plat. Section 10-2-2.E of the Subdivision Ordinance requires that final
plats be recorded with the county within 100 days of City Council approval. A developer may
request additional time, but the extension must be approved by the City Council. It’s not
uncommon for a developer to request an extension for various reasons and extension requests
have become more commonplace in the current economy. Because development fees must be
paid prior to the recording of the plat, developer’s typically prefer to wait to pay those fees until
such time they are prepared to begin construction. Staff recommends increasing this time period
from 100 days to 180 days.
Platted and Unplatted Property. A provision in Section 11-16-5.G requires all lots to have
frontage and access directly onto an abutting, improved and city accepted public street, except as
may be allowed by CUP. The proposed change clarifies the intent of the language and removes
the requirement for a CUP and replaces it with an administrative permit for those lots that do
not have direct access to an abutting and improved city street. The additional language ensures
that there are mechanisms in place to ensure access to the parcel.
Signs. There is a provision in Chapter 32 of the Zoning Ordinance that permits, within
commercial and industrial districts, two (2) signs up to 12 square feet in area and six (6) feet in
height at each access to a lot from a public street. While the City’s sign ordinance is content
neutral, many businesses use these signs to provide directional information for customers or
visitors to their site. The current setback requirements are 15 feet from right of way and five (5)
feet from side or rear lot lines. Staff has received feedback from businesses that when the signs
are placed 15 feet from the property line adjacent to right of way, the signs could be 25-30 feet
from the road and difficult to see, thus limiting their potential as a direction sign. Staff suggests
amending the ordinance to allow these signs to be setback from the right of way five (5) feet,
which should make the signs more visible and effective. This proposed amendment was not
previously discussed at a Planning Commission work session.
Home Occupations. The City Council referred back to the Planning Commission the proposed
amendment to eliminate contradictory language that required an interim use permit (IUP) for
instructional classes with more than one student, while another section specifically prohibited
services consisting of more than one pupil, client, or customer at a time. Several councilmembers
expressed concern that the change would prohibit children from the same family from being
brought to lessons at the same time, which was not the intent behind the proposed amendment.
The language is proposed to be modified at the recommendation of the City Attorney to allow up
to three (3) pupils residing in the same household to attend instructional classes at the same time.
Cosmetic Tattooing. Staff have had inquiries about beauty salons offering cosmetic tattooing,
also known as micropigmentation or permanent makeup. Based on current Zoning Ordinance
State Statute definitions, cosmetic tattooing services would be allowed consistent with tattoo
parlors, which are not permitted in all of the same districts as a beauty salon. The proposed
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amendments would permit cosmetic tattooing as an accessory use to a licensed barber/beauty
salon in the O-R, C-1, and C-CBD districts.
Vehicle Rental. An amendment to the C-2 District would allow the rental of vehicles as a
conditional use permit. Motor vehicle sales are a conditional use within the C-2 District, and
adding vehicle rental to that language allows the use by CUP and with the same performance
standards.
Commercial Kennel Setback. Commercial kennels for dogs, cats, and other domestic animals
which have an outdoor exercise area are currently required to be set back from any residential
district a minimum of 500 feet, measured from the property line. The proposed amendment
would change that setback to be from the outdoor exercise area instead. This issue was raised as
part of the Timbercrest at Lakeville 10th Addition (PetSuites) project.
Commercial Kennels for Dogs, Cats, and Other Domestic Animals. The City Council also
referred back to the Planning Commission the proposed elimination of commercial kennels
within the O-P, Office Park District. The councilmembers raised questions about the amendment
given that commercial kennels are a growing industry. Staff proposed this change based on the
limited amount of land zoned O-P and feeling that commercial kennels were not the highest and
best use in the district. In May of 2019, the Zoning Ordinance was amended to allow by CUP
commercial kennels in the C-2, Highway Commercial District and C-3, General Commercial
District, which expanded the areas where commercial kennels could locate. Commercial kennels
are also allowed by CUP in the I-1 and I-2 districts. The Planning Commission can choose to
maintain their previous recommendation to eliminate the use within the O-P District, or
consider alternate language that would allow commercial kennels by CUP as accessory to an
allowed principal use. This is the same change that was made to day care facilities in the O-P
District.
RECOMMENDATION
The Planning Commission will consider the proposed amendments of the Subdivision
Ordinance and Zoning Ordinance and Planning Staff recommends approval as presented.
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ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE
OF THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 10-2-4.E of the Subdivision Ordinance (Procedures for Filing and
Review – Final Plat) is hereby amended to read as follows:
E. Recording Final Plat: If the final plat is approved by the city council, the subdivider shall
record it with the county recorder within one hundred eighty (100180) days after said
approval or approval of the final plat shall be considered void, unless a request for time
extension is submitted in writing and approved by the city council. The subdivider shall,
immediately upon recording, furnish the city clerk with a print and reproducible tracing of
the final plat showing evidence of the recording. No building permits shall be let for
construction of any structure on any lot in said plat until the city has received evidence of
the plat being recorded by the county.
Section 2. Section 11-16-5.G of the Zoning Ordinance (General Performance Standards
- Platted and Unplatted Property) is hereby amended to add the following provision:
G. Except as may be allowed by conditional use permit and property subdivision, each lot
shall have frontage and access directly onto an abutting, improved and city accepted
public street.Lot Frontage and Access:
1. Each lot shall have frontage to an abutting, improved, and city accepted public
street in compliance with the minimum lot width requirements of the respective
zoning district, except as may be allowed by approval of a conditional use permit.
2. All lots shall have direct access to an abutting, improved, and city accepted public
street except by approval of an administrative permit, subject to the following
conditions:
a. The access shall comply with the provisions of chapter 19 of this title.
b. An ingress-egress easement shall be recorded for all properties utilizing
the private access or upon which the private access encroaches.
(1) The width of the ingress-egress easement shall be a minimum of
twenty (20) feet to include area necessary for stormwater and snow
storage in addition to the travelled portion of the access drive.
(2) The ingress-egress easement shall provide for regular
maintenance of driveways and parking areas, subject to review and
approval of the city attorney.
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Section 3. Section 11-23-7.B of the Zoning Ordinance (Signs – Permit Not Required) is
hereby amended to read as follows:
B. Within commercial and industrial districts, two (2) signs not to exceed twelve (12) square
feet in area, erected up to a height of six feet (6'), and setback a minimum of five (5) feet
from property lines shall be allowed for each access to a lot from a public street.
Section 4. Section 11-32-7.M.1.b of the Zoning Ordinance (Home Occupations – General
Provisions) is hereby amended to read as follows:
b. Instructional classes with not more than one (1) pupil at a time, except that
up to three (3) pupils all residing in the same household shall be allowed
Additional students receiving instruction at one time may be allowed for
single-family uses subject to approval of an interim use permit.
Section 5. Section 11-32-7.M.2.b of the Zoning Ordinance (Home Occupations – General
Provisions) is hereby amended to read as follows:
b. Services which that consist of more than one (1) pupil, client, or customer
at a time, except that up to three (3) persons all residing in the same
household shall be allowed.
Section 6. Section 11-57-13 of the Zoning Ordinance (RST-2 District – Development
Density) is hereby amended to read as follows:
11-57-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RST-2 district as defined by the
Comprehensive Plan and the land uses guided by the land use plan shall be determined
based upon net developable acreage excluding from the area calculations public parks
and open space, arterial and major collector 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.
B. The RST-2 district allows for a variety of residential housing types. The maximum
development density within the RST-2 district shall be determined by the following
minimum lot area per unit standards as defined by Section 11-17-21 of this title:
1A. Single-family dwellings: As provided for in subsection 11-57-15.A of this chapter.
2B. Detached townhouse and two-family dwellings: Five thousand (5,000) square feet per
unit.
Section 7. Section 11-57-23 of the Zoning Ordinance (RST-2 District – Affordable
Housing) is hereby amended to read as follows:
11-57-23: AFFORDABLE HOUSING: Housing qualified for meeting the city’s allocation of
regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-57-19.C, D, and IB, C and G of this chapter by conditional use permit, provided
guarantees satisfactory to the city are in place to ensure that “for sale” housing will meet the
affordable housing requirement for initial sales and “for rent” housing will meet the affordable
housing requirement for the initial ten (10) year rental period.
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Section 8. Section 11-58-15 of the Zoning Ordinance (RM-1 District – Development
Density) is hereby amended to read as follows:
11-58-15: DEVELOPMENT DENSITY:
A. The maximum development density within an RM-1 district as defined by the
Comprehensive Plan and the land uses guided by the land use plan shall be determined
based upon net developable acreage excluding from the area calculations public parks
and open space, arterial and major collector 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.
B. The RM-1 district allows for a variety of residential housing types. The maximum
development density within the RM-1 district shall be determined by the following
minimum lot area per unit standards as defined by Section 11-17-21 of this title:
1A. Detached townhouse, two-family dwellings, and townhome dwellings: Five thousand
(5,000) square feet per unit.
Section 9. Section 11-58-27 of the Zoning Ordinance (RM-1 District – Affordable
Housing) is hereby amended to read as follows:
11-58-27: AFFORDABLE HOUSING: Housing qualified for meeting the city’s allocation of
regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-58-21.B, C, D, and I of this chapter by conditional use permit, provided guarantees
satisfactory to the city are in place to ensure that “for sale” housing will meet the affordable
housing requirement for initial sales and “for rent” housing will meet the affordable housing
requirement for the initial ten (10) year rental period.
Section 10. Section 11-59-27 of the Zoning Ordinance (RM-2 District – Affordable
Housing) is hereby amended to read as follows:
11-59-27: AFFORDABLE HOUSING: Housing qualified for meeting the city’s allocation of
regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-59-21.B, C, D, and I of this chapter by conditional use permit, provided guarantees
satisfactory to the city are in place to ensure that “for sale” housing will meet the affordable
housing requirement for initial sales and “for rent” housing will meet the affordable housing
requirement for the initial ten (10) year rental period.
Section 11. Section 11-60-25 of the Zoning Ordinance (RM-3 District – Affordable
Housing) is hereby amended to read as follows:
11-60-25: AFFORDABLE HOUSING: Housing qualified for meeting the city's allocation of
regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-60-19.B, C and H of this chapter by conditional use permit, provided guarantees
satisfactory to the city are in place to ensure that "for sale" housing will meet the affordable
housing requirement for initial sales and "for rent" housing will meet the affordable housing
requirement for the initial ten (10) year rental period.
Section 12. Section 11-61-25 of the Zoning Ordinance (RH-1 District – Affordable
Housing) is hereby amended to read as follows:
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11-61-25: AFFORDABLE HOUSING: Housing qualified for meeting the city’s allocation of
regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-58-21.B, C, D, K, and Land I where required by subsection 11-61-19.A of this
chapter by conditional use permit, provided guarantees satisfactory to the city are in place to
ensure that “for sale” housing will meet the affordable housing requirement for initial sales and
“for rent” housing will meet the affordable housing requirement for the initial ten (10) year rental
period.
Section 13. Section 11-70-5 of the Zoning Ordinance (O-R District – Permitted Accessory
Uses) is hereby amended to add the following provisions and renumber subsequent sections
accordingly:
B. Cosmetic tattooing (micropigmentation) accessory to a licensed barber/beauty salon on-
site service business.
Section 14. Section 11-71-5 of the Zoning Ordinance (C-1 District – Permitted Accessory
Uses) is hereby amended to add the following provisions and renumber subsequent sections
accordingly:
B. Cosmetic tattooing (micropigmentation) accessory to a licensed barber/beauty salon on-
site service business.
Section 15. Section 11-72-7.M (C-2 District - Conditional Uses) of the Lakeville Zoning
Ordinance is hereby amended to read as follows:
M. Motor vehicle sales, including new and used automobiles, trucks, motorcycles,
recreational vehicles and equipment, boats and marine sales, and/or rental of said
vehicles and equipment that involve open and outdoor sales and display areas larger than
thirty percent (30%) of the area of the principal building provided that:
1. The outside sales areas for parking, storage, or display of vehicles for sale or rental
are fenced or screened from view of neighboring residential uses or an abutting
residential district in compliance with section 11-21-9 of this title.
2. The architectural appearance, scale, building materials and functional plan of the
site and building shall not be dissimilar to existing uses and buildings so as to
cause a blighting influence.
3. The sales area for parking, storage, or display of vehicles for sales or rental is
surfaced with bituminous material or concrete.
4. The sales area for parking, storage, or display of vehicles for sales or rental does
not take up parking space as required for conformity to this title.
5. Hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock
(10:00) P.M. unless otherwise allowed by the city council.
6. Accessory automobile repair shall require the processing of a separate conditional
use permit(s), subject to the conditions of subsections A and/or B of this section,
except the use shall not be subject to subsection B2 of this section.
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7. Notwithstanding the provisions of subsection 11-23-19.E of this title, signs for new
passenger vehicle automobile sales uses allowed under this section shall be
subject to the following provisions:
a. Freestanding Sign(s): One freestanding sign shall be allowed for each
manufacturer for which the motor sales or rental use is franchised to
conduct new unit sales or rental of one or more brands within the principal
use.
b. Wall, Canopy, Or Marquee Sign(s):
(1) The total area of all wall signs shall not exceed four hundred forty
(440) square feet or in the case of a corner lot or through lot the
total area of all wall signs shall not exceed five hundred four (504)
square feet.
(2) Number and area of individual wall signs shall be in accordance
with the following:
(A) One wall sign not to exceed sixty four (64) square feet on
one elevation fronting a public street, or in the case of a
corner lot or through lot, one additional wall sign not to
exceed sixty four (64) square feet may be installed on an
elevation either fronting a public street or that which is the
front entry of the principal building.
(B) One additional wall sign not to exceed sixty four (64) square
feet shall be allowed for each manufacturer brand for which
the motor sales or rental use is franchised to conduct new
unit sales within the principal use with such sign to be
installed on one elevation either fronting a public street or
that which is the front entry of the principal building.
(C) Additional secondary wall signs shall be allowed on any
elevation provided that the total area of all secondary wall
signs shall not exceed one hundred twenty (120) square feet
and the area of any one secondary wall sign shall not
exceed sixteen (16) square feet to be located directly above
or to the side of an exterior entrance.
Section 16. Section 11-72-7.U.7.a of the Zoning Ordinance (C-2 District – Conditional
Uses) is hereby amended to read as follows.
a. The propertyoutdoor exercise area shall be set back a minimum of five
hundred feet (500') from any Residential District.
Section 17. Section 11-73-7.U.7.a of the Zoning Ordinance (C-3 District – Conditional
Uses) is hereby amended to read as follows.
a. The propertyoutdoor exercise area shall be set back a minimum of five
hundred feet (500') from any Residential District.
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Section 18. Section 11-74-5 of the Zoning Ordinance (C-CBD District – Permitted
Accessory Uses) is hereby amended to add the following provisions and renumber subsequent
sections accordingly:
C. Cosmetic tattooing (micropigmentation) accessory to a licensed barber/beauty salon on-
site service business.
Section 19. Section 11-75-7.A of the Zoning Ordinance (O-P District – Conditional Uses)
is hereby amended to read as follows.
A. Commercial kennels for dogs, cats, and other domestic animals accessory to an allowed
principal use, provided that:
1. The facility shall be licensed in accordance with the rules of the Minnesota Board
of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous materials or
sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be provided to
adequately separate animals that are sick or injured from healthy animals.
4. All animal waste shall be disposed of at least once per day to prevent a public
nuisance by being flushed down an existing sanitary sewer system or enclosed in
a container of sufficient construction to eliminate odors and organisms that shall
be emptied by a waste disposal service a minimum of two (2) times every seven
(7) days, or as otherwise determined to be necessary to protect public health,
safety and welfare.
5. A ventilation system shall be provided capable of completely exchanging internal
air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the
keeping of animals, exclusive of offices, pursuant to chapter 1346 of the Minnesota
State Building Code.
6. Within a multiple tenant building, there shall be adequate physical separation,
including soundproofing, between the kennel and other individual tenant spaces to
protect public health and safety and prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single occupancy
building only, subject to the following requirements:
a. The propertyoutdoor exercise area shall be set back a minimum of five
hundred feet (500') from any Residential District.
b. The outdoor exercise area shall be located only within an interior side yard
or rear yard.
c. The outdoor exercise area shall be set back a minimum of fifteen feet (15')
from all lot lines.
d. A solid fence with a minimum height of six feet (6') shall be provided in
compliance with the requirements of section 11-21-5 of this title to screen
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the outdoor exercise area from surrounding properties and public rights-of-
way.
e. The outdoor exercise area shall be contained within a raised curb to contain
waste runoff and must include a waste filtration bed with once per year
excavation and disposal or connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals that are
outdoors and prevent nuisance issues including, but not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours of ten
o'clock (10:00) P.M. and six o'clock (6:00) A.M.
Section 20. This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this ______ day of ______________, 2023.
CITY OF LAKEVILLE
BY: ________________________
Luke Hellier, Mayor
ATTEST
BY: ________________________
Ann Orlofsky, City Clerk