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HomeMy WebLinkAbout0812 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: .812 AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE. CITY OF LAKEVILLE ORDAINS: Section. 1. Section 11-17 7.B of the Lakeville Zoning Ordinance shall be amended to read as follows: B. Na structure in the A-P," RA, RS-1, RS-2, RS-3, RST-l, RST-2, RM-1, RH-1, 0-R, C-2, C-3, CC, C-CBD, C-W, I-1 and P-OS Districts shall exceed three (3) stories or thirty-five feet. (35'), whichever is less. Section 2. Section 11-17-9.A.3.d(6) of the Lakeville Zoning Ordinance: shall be amended to read as follows: (6) Except in the CC and P-OS Districts, curtain wall panels. of steel, fiberglass and aluminum (nonstructural, nonload bearing), provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design. Section 3. ..Section 11-20-7.E.2 of the Lakeville Zoning Ordinance is hereby amended to read. as follows: 2. Commercial and Public Zoning Districts: Within the C-1, C-2, C-3, C-CBD, C-W, CC and P-OS Zoning Districts, .loading areas shall be located in side or rear yards away from public rights of way. Where physical conditions unique to the site warrant, loading areas may be located at the front or side of a building located. on a corner lot by conditional use permit subject to the following conditions: a. Loading areas shall not conflict with pedestrian movement. b. Loading areas shall not obstruct the view of the public right of way from off-street parking access. 1 c. Loading areas shall comply with all other requirements of this Chapter. d. Loading areas and associated staging areas shall be .screened from .the abutting public rights of way. Said screening shall consist of either a screening fence or a greenbelt planting strip as provided for by Section 11-21-9 of this Title. Section 4. Section 11 22-5.B of the Lakeville Zoning Ordinance is hereby amended to read as follows: ' B. Accessory Use: Outdoor storage within the I-1, I-2, I-CBD and P-OS Districts shall be an allowed accessory. use under the following conditions: 1. The outdoor storage area occupies space other than a required front yard setback or side yard setback area on a corner lot. 2. The outdoor storage area shall be fenced, screened and/or landscaped according to a plan in compliance with Section 11-21-9 of this Title and subject to the approval of the Zoning.. Administrator. 3. Subject to the approval of the Zoninq Administrator, the outdoor storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not. be visible from the public right of way or from neighboring residences and shall be in compliance. with Section 11-16-17 of this Title. 5. The outdoor storage area shall not encroach upon required parking space or required loading space as required by this Title. 6. The property stored shall not include any waste, except as provided in Section 11-16-29 of this Title. 7. The outdoor storage area shall not encroach into the required rear yard or side yard. setback area if abutting a residential district. 2 Section 5. Section 11-30-17.B of the Lakeville Zoning Ordinance is hereby amended to read as follows: B. Commercial and Public District Standards: 1. Antennas Located Upon An Existing Structure Or Tower: Personal wireless service antennas located upon an existing structure or collocated on an existing structure shall require the processing of an administrative permit. a. Transmi ting, receiving. and switching equipment shall be-housed within an existing structure whenever possible. If a new equipment building is necessary for. transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened. from view by landscaping where appropriate.. b. An administrative permit is issued in compliance with the provisions of Chapter 8 of this Title and the following standards: (1) Antennas mounted on public structures shall not extend more than fifteen feet (15') above the structural height of the structure to which they are attached. (2) Roof-mounted antennas shall not extend more than ten feet (10') above the .roof, and shall be setback at least the height of the antenna structure from the roof edge. (3) Wall- or facade-mounted antennas may not exceed more than five feet {5') above the cornice line and. must be constructed of a material or color which matches the exterior of the building. (4) Antennas may be mounted to quasi-public structures that are allowed to exceed. the maximum height requirements of the base district pursuant to subsection 11-17-7E of this Title. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color. 3 2. Antennas Not Located Upon An Existing. Structure Or Existing Tower: Personal wireless antennas not located upon an existing structure shall require the processing of a conditional use permit and shall comply with the following standards: a. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency.. reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and. capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided' that: (1) The pole does not exceed seventy .five .feet (75') in height, except as may be allowed by approval of an interim use permit. (2) The setback of the pole .from the nearest residential property line is not less .than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer .specifies in writing. that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. c. Transmitting, .receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. d. At the discretion of the Zoning Administrator, a security fence not greater. .than eight .feet (8') in height with a maximum opacity of fifty percent (50~) shall be provided around the support structure. 4 e. The conditional use. permit provisions of Chapter 4 of this Title are considered and determined to be satisfied. Section 6. Section 11-45-1.E of the Lakeville Zoning Ordinance is hereby amended to read as follows: E. Special Districts: PUD, Planned Unit Development District P-05; Public-Open Space District Section 7. Section 11-97 ofthe Lakeville Zoning Ordinance is hereby amended to include the fallowing provisions: CHAPTER 97 P-05, PUBLIC - OPEN SPACE DISTRICT SECTION: 11-97-1: Purpose 11-97-3: Permitted Uses 11-97-5: Accessory Uses 11-97-7: Conditional Uses 11-97-9: Interim. Uses 11-97-11: Uses By Administrative Permit 11-97-13: Design Standards. 11-97-15: Lot Requirements And Setbacks 11-97-1: PURPOSE: The purpose of the P-OS, Public - Open Space District is to provide for a specific zoning district allowing facilities devoted to serving the public.. It is unique in. that the primary. objective of uses. within:-this district is the provision of services, frequently an a non-profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located along arterial or major collector streets with full availability of urban services. 11-97-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this Title, the following aze permitted uses in a P-OS District: A. Parks, trails, playfields, playgrounds and directly related buildings and structures; City of Lakeville only. 5 B. Public civic or cultural buildings, such as libraries, public administration buildings, fire stations, police department buildings and historical developments, City of Lakeville only. C. Governmental utility buildings, public maintenance buildings and structures necessary for the health, safety and general- welfare of the community; City of Lakeville only. 11-97=5: ACCESSORY USES: In addition to other uses specifically identified elsewhere in this Title, `the following are permitted accessory uses in 'a P-OS District: A. Accessory uses and buildings incidental. and customary to uses allowed as permitted, conditional, interim and administrative permits in this Chapter. B. Fences as regulated by Chapter 21 of this Title.. C. Off-street parking and off-street loading as regulated by, Chapters 19 and 20 of this Title, but not including semi- trailer trucks, except in designated loading areas not to exceed two (2) hours.. D. Secondary or accessory use antennas or satellites as regulated by Chapter 30 of this .Title. E. Signs as .regulated by Chapter 23 of this Title. 11-97-7: CONDITIONAL.. USES: In addition to other uses specifically .identified elsewhere in this Title, the following. are conditional uses in a P-OS District and require a conditional use permit based upon procedures set forth in and regulated by Chapter 4 of this Title. Additionally, besides the specific standards and criteria which may be cited-below for respective conditional uses,. each requestfor a'_conditonal use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3.E and Section 11-4-7 of this Title. A. Antennas: Personal wireless service antennas and telephone antennas not. located on an existing structure or tower, as regulated by Chapter 30 of this Title.. B. Automobile parking lots as a principal use provided that: a. The parking lot shall be subject to the requirements for commercial lots established by Section 11-19-7.I of this Title. C. Cemeteries. 6 D. Daycare facilities as a principal or accessory use, except as otherwise allowed for by this Title, provided that the use complies with the .provisions of -Chapter 31 of this Title. E. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to lOOkV, as regulated by Chapter 26 of this Title. F. Governmental and public regulated utility buildings, public maintenance buildings arrd structures necessary for the health, safety ..and general .welfare of :the community;- other. than City of Lakeville. G. Hospitals and residential care facilities including extended care facilities for mentally retarded, rest homes and care for the .aged, ill and infirmed. H. Parks and recreational areas owned or operated by public bodies other .than the City of Lakeville. I. Pre-school, elementary, middle, high schools or colleges and other institutions of higher learning having a regular course of study accredited by the State of Minnesota.. J. Public civic auditoriums, indoor recreation centers, arenas or other facilities both. City of Lakeville or other government unit with an event seating capacity of more. than 300 persons, provided that: a. Access to the facility shall be provided only from a major collector or arterial street at intersections compliant with the requirements of Section 11-19-7.I.6 of this Title. 11-97-9: INTERIM USES: In addition to other uses specifically identified elsewhere in this Title, and subject to applicable provisions of this Chapter, the following are interim uses in the P-OS District and are further governed by Chapter 5 of this. Title. A. Residential shelters as regulated by Chapter 33-of this Title, public and quasi-public only. B. Satellite TVROs greater than one meter (1 m) in diameter as regulated by Chapter 30 of this Title. C. Temporary classroom type structure for use by public or private institutions. D. WECS, as regulated by Chapter 29 of this Title. 7 11-97-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically identified elsewhere in this Title, and subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Chapter 8 of this Title, the following are uses allowed in an P- OS .District by administrative permit as may be issued by the Zoning Administrator: A. Essential services, except transmission pipelines and transmission or substation lines in excess of 33kV and up to 200kV, as regulated by Chapter 26 of this Title. B. Personal wireless service antennas located upon an existi,nq structure or .tower ar temporary. mobile tower as regulated by Chapter 30 of this Title. C. Temporary structures as regulated by Chapter 28 of this. Title. 11-97-13: DESIGN STANDARDS: The architectural appearance and. functional design of the building and site shall maintain a high standard of architectural and aesthetic compatibility with surrounding uses so as to positively reflect desired community character. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. 11-97-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in a P-OS District subject to additional requirements, exceptions and modifications set forth in this Title: A. Parks, trails, playfields, and playgrounds: Lot Area: None Lot Width: None Setbacks (structures only): Front yards 30 feet Rear yards 30 feet Side yards 10 feet; 30 feet abutting R District or public right-of-way. B. All other uses: Lot Area:. .20,000 square feet Lot Width:. 100 feet 8 Setbacks: Front yards 30 feet Rear yards 30 feet Side yards 10 feet; 30 feet abutting R District. or public right-of-way. Section 8. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16th day of October, 2006. CITY OF LAKEVILLE BY: ~ Robert D. Joh on, Mayor ATTEST. fir. BY: Charlene Friedges, City rk 9 PUBLIC NOTICE SUMMARY ORDINANCE NO. 812 CITY OF LAKEVILLE DAKOTA COUNTY. MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, TBE ZONING ORDINANCE, ESTABLISHING THE P -OS. PUBLIC - OPEN SPACE ZONING DISTRICT This ordinance establishes the P -OS, Public - Open Space Zoning District. Per- mitted, accessory, conditional use, interim use, and performance standards are established for the District. The pur- pose of the District is to provide a spe- cific zoning district allowing facilities devoted to serving the public. Various sec- tions of the zoning ordinance are also amended to provide district standards and requirements. A printed copy of the entire ordinance is available for inspection by any person dur- ing the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minne- sota, this 6th day of November 2006. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk 11/18/06 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 33IA.02, 331 A.07 and other applic- able laws, as amended. (B)The printed La which is attached was cut from the columns of said newspaper, and was printed and pub- lished once each -week *5t"— = ire -weeks; it was first published on Saturday, the I(j`I �k_ day of 0 1 .) oem-\ , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: TITLE: Managing Editor Subscribed and sworn to before me on this day of Notary Public y.: CAROL J. HAVERLAND Notary Public -Minnesota My Commission Expires Jan 31, 2010