Loading...
HomeMy WebLinkAbout0762 CITY QF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: 762 AN ORDINANCE AMENDING. TITLE 11 (ZONING ORDINANCE) OF THE LAKEVI~LE CITY CODE. THE CITY COUNCIL OF THE CITY Of LAKEVILLE ORDAINS: Sec#ion 1. Section 11-2-3 of the Lakeville City Code is hereby amended to revise or add the foll©wing definitions: Animal feedlot related: A. Animal Feedlot: A lot orbuilding..or combination of.Tots and buildings intended-for the canfined feeding, breeding, raising, or holding of animals -and-specifically designed as a confinement area in which manure may accumu3ate, or where the concentration of animals is such. that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges), and barns, dairy farms, swine facilities,.beef lots and barns, .horse stalls, mink ranches and zoos, sha11 be considered to be animal feedlots. Pastures shall not be considered animal feedlots. B. Animal Unit: A unit of measure used. to compare. differences in the production of animal manure that employs as a standard the .amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area, calculated by multiplying the number of animals of each type by the .respective multiplication factor and summing the resulting values for the total number of animal units.. For the purposes of this Title, the following multiplication factors shall apply: 1 Animal IIaite 1. Dairy Cattle One mature cow (milked or dry) > 1,OOOlbs. 1.4 One mature cow (milked or dry) < 1,OOOlbs.` 1.0 One heifer 0.7 One Calf 0,2 2. Seef Cattle One slaughter cow or stock steer ~,.p One feeder cattle or heifer 0.7 One cow and calf pair 1.2 One. calf 0 , 2 3. Swine One > 30Olbs 0.~: One 551bs. 0 3OOlbs. 0.3 One < 551bs. 0.05 4. One (1} hora® 1.~ 5. One (1) sheep or lamb 0.1 6. Chick®n One laying hen or broiler - liquid storage 0,033 One laying hen or broiler -dry storage > Slbs. 0.005 Qne laying hen or broiler - dry storage < 51bs. 0.003 7. Turkey:.- One > than_51bs 0.02$ 'One < than Slbs. 0.005 _8. One (1)'Duck 0.01 9. Not Lifted. For animals not listed, the number of animal units shall be the average weight of the animal in .pounds divided. by_one thousand {1,000) pounds. C. Manure: Poultry, livestock or other animal. excreta or a mixture of. excreta wth_feed, bedding, precipitation or other materials.. D. Manure Storage: An area or facility where animal manure. or process wastewaters are stored or processed, including short term-and permanent ' stockpile sites and composting sites. E. Pasture: Areas where grass or other growing plants are used for grazing and where he concentration of animals is such that a vegetation cover is .maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices. 2 COMMERCIAL USE: I. Recreational Business: Bowling alley, cart track, golf-course,. billiard (pool} hall; dance hall, skating rinks., swimming. pools, firearms range, boat rental, amusement rides, campgrounds, private parks, and uses of similar character,. which may be further.. distinguished as indoor or outdoor uses. HEALTH. CLUB: A business that provides recreational .services and facilities, usually for the benefit of its membership.,-.involving aerok~c exercises, trength andcaxdiovascular equipmentindoor or outdoor game courts,' swimming pools, running .tracks, massage, tanning, hair and other personal services, saunas, showers and lockers. INSTRUCTIONAL CLASSES: A business that provides instruction in specific areas of knowledge. or activities including, but. note limited to cooking, dance, dog training, martial arts, mu is and musical instruments, pottery, and/or yoga. STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as .poorly suited. due to slope steepness and the site's soil characteristics, as mapped .and described in available County sail surveys or other technical reports, .unless appr©priate design and construction techniques and farming practices are used `in accordance with the provisions of this Title. Where specific. information is not available,. steep slopes are lands .having average slopes of three. to one (3;1) or greater, as measured over horizontal distances of fifty feet.(50'} or more, that are not. defined as bluffs. `Section 2. Section 11-17-7.B of the Lakeville City Code is hereby amended in-its entirety to read as follows: No structure in the A-P, RA, RS-1, RS-2, RS-3, RST-1, RST-2, RM-1, RH- 1, O-R, C-2, C-3, CC, C-CBD, C-W, and I-1 districts shalt exceed three (3) stories of thirty five feet (35'), whichever is less. 3 Section 3. Section. 1 i-18-5.B of the Lakeville City Code is hereby amended in its entirety to read as follows: B. No accessory building. or private garage shall be utilized for all or a portion of a home occupation .for. commercial activities or for commercial storage. Section 4. Section. 11-18-9.C.1 of the.. Lakeville City Code is hereby amended in its entirety to read as follows: 1. Detached Single-Family Dwellings:. Zoning `Maximum Zoning Maximum District Height District Height A-P 20 feet RST-1 45 feet RA 20 feet RST-2 15 feet RS-1 15 feet RM-1 15 feet RS-2 15 feet RH-1 15 feet RS-3 15 feet RS-4 15 feet- RS-CBD 15-feet.. Section. 5. Section 11-18-9.C.3 of the .Lakeville City Code is hereby amended in its. entirety to read. as follows: 3. Multiple-Family. And Nonresidential .Uses: Detached accessory buildings and structuresshall be limited to.twenty feet -(20' } in height for all rnultiple- family and nonresidential uses, `except by conditional use .permit for structures accessory to public anal. .quasi-public uses. Section 6. Section 11-18-9.D.1 of the Lakeville City. Code is hereby amended in its entirety to read as follows: 1. Except .for agricultural buildings on .farms,-as provided for by subsection D2 of this Section, or as expressly permitted by conditional use permit, the combination. of accessory buildings .and 4 garages shall not exceed either of the following area limitations per unit or the total gross floor area ofthe principal structure, whichever is least. Percentage Of Minimum Lot Maximum Allowable Zoning Area That. May Be Occupied Floor Area Per Unit District Use By The Accessory Building (Square Feet} A-P All uses Not applicable Nof applicable RA Single-family 2 percent 8,712 RS-1 Single-family #0 percent 2,000 RS-2 Single-family 10 percenf -#,500 RS-3 Single-family 10 percent 1,#00 (interior tot) 1,250 (comer tot). RS-~} Single-family 10 percent 656 (interior fot} 788 (comeclot), RS-CBD Singfe-family 10 percent 656 (interior iotJ 788 (comer lot} RST-# Single-family #O percent #,500 Two-family # O percent Z50 RST-2 Single-family and 10 percent 656 (interior lot) detached townhomes 788 (comer lot) Two-family 10 percent 750 RM-1 Single-family 10 percent 656 (interior lot) 788 (corner lot) Two-family 10 percent 750 Townhouse 10 percent 750 RH-1 Single-family #O percent 656 (interior lot} 788 (corner lot) Two-family. 10 percent 750 Townhouse 10 percent 750 Section 7. Section 11-18-9. E of the ..Lakeville City. Code is hereby amended in its entirety to read as follows: E. Exterior. Building Material: The same or similar quality and scale exterior building materials shall be.used in the accessory buildings as in. 5 the principal building, except as may be allowed by conditional use permit. for structures .accessory to public and quasi-public uses. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible." means that the-exterior appearance of the accessory building. is not at.variance wththe principal building from an aesthetic and architectural standpoint. as to cause: 1. A difference to a degree to cause incongruity. 2. A nuisance; Section 8, Section 11-19-7.D of the Lakeville City Code is hereby amended #o read. as follows: D. `Change Of Use or Occupancy Of Buildings.:.: 1. Any change of use or occupancy of any .building or .buildings including additions thereto requiring. more parking area-shall not be permitted until there is furnished such additional parking spaces as requred.- by this Title. 2. Except in the C-CBD District, if the existing number of parking spaces provided - for a shopping center do not conform to the required number of parking spaces., when a tenant vacates the shopping center, the parking required by a new tenant occupying the .vacated space may not exceed the parking required of the tenant being replaced. Required spaces of the. existing and new tenant shall be determined in accordance with this Title without .reference to the fact that the-use is in a shopping center. Section 9. Section 11-19-7.1.1 of the Zoning Ordinance (Off-Street Parking -Parking Lot Setbacks) is hereby amended to read as f6lfows: .Parking Area And Drive Setbacks 6 Dimension Land Use Setback Front yard and side yard abutting a street RS and RST districts 30.0 feet setback of parking and drive to lot line** RM districts -guest 15.0 feet parking for townhouse uses.. Rfvl districts -All other 30.U feet. required parking. RH districts - guest 15.0 feet parking for townhouse uses RH Districts - Atl o#her 30.0 feet required parking: Commercial districts 15.0 feet. Industrial districts t5:0 feet Interior side and rear yearsetback of All Residential districts 5:0 feet ..parking to lot line" Commercial districts 5.0 feet Industrial districts 5:0 feet "'Joint or combined parking facilities on separate lots as authorized and when... constructed adjaeentto a common lot line separating 2 or more parking areas are ; not required to observe the parking area setback from such common lot line: For .commercial and industriaP uses, side and rear yard setbacks shall be increased to front yard setback requirements when such side or rear yard abuts an R district. Section 1a. Section 11-t9-13 of the Lakeville City. Code is hereby amended to add the following provision: Commercial self-storage 3 spaces + 1:.space per 100 (mini-storage)facilties torage units. Section 11. Section t i -26-3 of the Lakeville. -City Code is hereby amended to read as follows: 11-26-3: APPLICATION: This Chapter shall not apply to overhead electric transmission lines and substations greater than 100kV or radio and wireless communication systems. and facilities, which are governed by Chapter 30 of this Title. 7 Section 12. Section 11-27-7.G of the .Lakeville City Code is fiereby amended to read as follows: G. No residential certificate of occupancy shall be issued for a model home or model hcme with a temporary .real estate office until such time as the structure has been fully converted. to a residence in compliance with the adopted Building Code. Additionally, such conversion shall include, .but not be limited. to, parking lot restoration and the removal of sgnage and. lighting. Section 13. Section 11-35-3 of the Lakeville City Code is hereby amended to read as #ollows: C. The keeping of farm animals in numbers or .conditions: not :defined as an animal feedlot is an allowed activity on all farm. property.. Farm animals may not be confined in a pen, feedlot or building within one .hundred feet (1Q0') of any. residential dwelling not owned or leased by the farmer. Uses defined as animal feedlots shall be regulated by Section 11-35-5 of this Title. Section 14. Section 11-35 of the Lakeville City Code is hereby amended to include the following provisions: 11-35-5: Animal Feedlots: A. Purpose: -The purpose of this Section is to provide for the operation of animal feedlots within the City of Lakeville as to: 1. Prohibit establishment of new .animal feedlots. or expansion of existing animal feedlots to levels not. compatible with the existing or planned character of the City. 2. Allow for continuance of existing animal feedlots at present intensities in areas so guided by the Comprehensive Plan while protecting land use compatibility in 8 recognition of ongoing growth and .development of the community as part of the Twin Cities Metropolitan Area. 3. Provide regulations that can be applied in an equitable manner to promote best farm management practices, protect valuable ground and surface-water resources, minimize environmental effects and protect-human and animal health, safety and welfare. B. Feedlots Prohibited: 1. No new animal feedlots shall be established within. the City after [EFFECTIVE DATE]. 2. No .animal. feedlot established prior to [EFFECTIVE DATE} .shall be allowed to expand. -its. operations beyond its permitted level on [EFFECTIVE DATE], subject to Section 11-35- 5.C of this Title.. 3. No farm property or other property allowed to keep farm animals with ten (10) animal units or less established prior to [EFFECTIVE DATE].shall expand to more than ten (10} animal units.. C. Non-Conforming.Use,: Animal feedlots established prior to [EFFECTIVE DATE] may continue operations as legal non-conforming uses as allowed by .Section 11-15-5 of this Title. For the purposes of interpreting expansion of anon-conforming use applicable only to Section 11-35-5 of this Ti le, or~1y those activities or actions"that result or may result in an increase in the number of animal units that an animal feedlot is capable of holding or an increase in the-capacity of a manure storage area shall be .considered to be an expansion of the use and are prohibited. D. Performance Standards: 1. Setbacks: a. The following setbacks shall. be required. for all manure storage facilities, stockpiles and application 9 in addition to the requirements of the Zoning District in which the use is located: Category Animal Manure Manure Building Storage/ Application Stockpile Public Lake 1,000ft. 1,p00ft. 1,OOOft. Public River. 300ft. 3OOft. 300ft. or Stream,. Public or .Private Ditch Wells Serving 2OOft. 2OOft. 2OOft. the Public, Schools or Child Care Centers Private Wells 100ft. 100ft. 1OOft. Fublic Street 30Oft. 300ft. 300ft. Residence 100ft. 10~ft. 100ft. Qther Than Owned By `The Feedlot. Owner/operator Wetland 75ft. 75ft. 75ft. b. Within the A-P District and RA .District, no new residential dwelling shall be constructed within one thousand (1,000} feet of an existing animal feedlot. except dwellings constructed as a principal residence on the same.. parcel and under the same.. ownership of the owner of the animal feedlot. c. The separation distances established between an animal feedlot and the categories of uses established by Section 11-35-5.C.2.aand. 11-35-5.C.2.b of this Title shall be measured from the perimeter of the. animal .feedlot, ..manure storage facility or stockpile or land application to the-nearest structure or boundary of the referenced category. 10 3. Manure Storage and Handling. a. Storage. The owner of an animal feedlot shall have an :annual analysis of the water within. the perimeter the of the storage facility prepared by a certified .testing laboratory and subject to approval of the City Engineer.. b. Transportation. All vehicles used to transport :manure on public rights-of- wayshall be leak proof. 'Spreaders with end gates 'shall be in. compliance with this prow-lion provided .that the end gate effectively restricts leakage. Any .manure that does leak or spill onto. the public right-of-way shall. be removed-and properly disposed of by the hauler. c. Land Application. 1. Manure application rates hall be based upon the requirements of a Nutrient Management Plan approved by the Dakota County-Feedlot Officer. 2. Manure shall be injected or incorporated into the soil within twenty-four {24}.hours. of application. E. Facility Closure. 1. The landowner, owner and operator of an animal feedlot shall have joint and several liability. for closure or remediation of .discontinued. feedlot operations. 2. If an animal feedlot ceases operation, the responsible .parties shall provide far the following: a. .All manure from the animal feedlot and its storage facilities shall be removed Il of and applied or disposed of in some other permissible manner within a period not to exceed one (1) year. b. The City and the Dakota Feedlot. Officer shall be notified within sixty (60) days that the animal feedlot has .ceased operations and that the. property is in compliance with this .Section. F. Other Requirements. Compliance with all Federal,.- State and Local Statues, Rules, .Codes, Ordinances, requirements and standards ahall be required. G. Emergency Notification. In the event of a manure Leak or spill, the owner, operator or individual responsible forathe transport and application of manure shall immediately notify the Lakeville Police Department, Minnesota Duty Officer, and Dakota County Feedlot officer and shall take appropriate actions in accordance with those agencies to prevent harm to public safety, .health., and: welfare. Section 15. Section 11-45-1.B of the Lakeville City Code is hereby amended to read as foNows: B. Residential .Districts: RS-1,Single-Family Residential District RS-2, Single-Family Residential District RS-3, Single-Family Residential District RS-4, Single-Family Residential District RS-CBD, Single-Family Residential- District -Central Business . District Area RSMH, Single-Family Manufactured Home Park District RST-1, Single- and Two-Family Residential District RST-2, Single- and Two-Family Transition District 12 RM-1,Medium-Density Residential District RH-1,Multiple-Family Residential District Section 16. Section 11-46-5A of the Lakeville City Code is hereby amended in its entirety to read as follows: A. Farms, hobby farms., agriculture, nurseries, wholesale nurseries, greenhouses, and tree farms, not including animal feedlots regulated by Section 11-35=5 of this. Title. Section 17. Section 11-46-9.B of .the Lakevi le City Code is hereby deleted in its entirety: Sec#ion 18. Section 11-46-13.B of the Lakevi`Ile City Code is fiereby amended in its entirety to read as follows: B. Essential services,. :except. transmission pipelines and transmission or substation-lines in excess of 33kV and up to 10QkV,,as regulated by Chapter 26 of this Title. Section 19. Section 11-46-15 of the Lakeville City .Code is hereby amended' in its entirety to read as follows: 11-46-15: The following minimum requirements .shall be observed in an A-P .District subject to ..the .additional requirements:, exceptions `and modifications sea forth.. in this Title: Lot .Area.: 40 acres Lot Width: 500 feet Setbacks- Front yards 30 feet Rear yards 30 feet Side yards 10 feet on .each side, or 30 feet on the side yard abutting a public right of way 13 Animal Feedlot: No new residential dwelling shall be constructed after [EFFECTIVE DATE] within one thousand (1,000} feet of an existing animal feedlot except. dwellings constructed as a principal residence on the same parcel and under the same ownership of the owner of the animal feedlot as regulated by Section 11-35- 5.D.1 of this Title. Section 2t3. Section 11-47-13 ofi the Lakeville City Code is hereby amended in its entirety to read as follows: 11-47-13: LOT REQUIREMENTS AND SETBACKS: The following minimum: requirements shall be observed in an RA District subject to additional requirements, exceptions and modifications set forth in this-Title:: Lots Qf Record And. Prelnunary Platted Lots Having Legal Standing Lots Of Record After Orr January l; .1994 January 1, 1994 Lot Area: 1O acres 10 acres Lot Width: 300 feet- 300 feet Setbacks.: Front yards 30 feet 30 feet Rear yards 30 feet 30 feet Side yards 10 feet on each side, or 20 feet on each side, or 30 feet on the. side yard 30 feet on the side yard abutting a public right of way abutting a Public right of way Animal Feedlot: Na new residential dwelling shall be constructed after [EFFECTIVE DATE] within one thousand (1,000} feet of an existing animal feedlot .except: dwellings constructed as a principal residence on the same parcel and under thesame ownership. of the-owner of the animal feedlot as regulated by Section 11-35-5.D.1 of this Title. Section 21. Section 11-50-11.A of the Lakeville City Code is hereby amended in its entirety to read as follows: 14 A. Essential services, except transmission pipelines and transmission. or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 22. Section 11-57-5.A of the Zoning Ordinance (RST-2 District - Permitted Accessory Uses} is hereby amended to read as follows: A. All permitted accessory uses as allowed within the RST-1 .Zoning District, except that: 1. Only :those accessary buildings,-structures, or fences owned and maintained by a , homeowners .association shall be erected on a common base. lot or on an individual unit lot for detached townhouse or two-family. dwellings. `Section 23. Section 1 fi-57-15.B of the Zoning Ordinance (RST-2 Dstric# ° - Lat Requirements and Setbacks) ishereby amended to read as fQttows: B. Detached.Townhome and Two-Family .Dwellings: 1. Base Lot Minimums: Within the. RST-2 District., -the following .minimum-base lot requirements shall be imposed. The base: lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of Section 11-57-13 of .this Chapter prior to subdivision of unit lots.' a. Lot Area: Fifteen thousand (15,000) square feet. ` b. Lot Width: One hundred feet {100'). c. Lots Bordering..A Major Collector or Arterial Street: An additional ten feet (10`) of lot width to the requirement noted above. 2. Unit Lots: The following minimum unit lot .requirements shall be applied to the 15 subdivision of detached townhome and two- famly dwellings to permit individual private ..ownership of a single dwelling within such a structure: a. Lot Area: Detached townhome and twin home unit lots shall have sufficient lot area to include the living area, garages, decks,. patios, or porches of the .individual dwelling units. b. Lot Width._ {1) Detached Townhome: Fifty feet: (50~) (2) Two Family Dwelling: Fifty feet (50') 3. Base Lot Setbacks: a. A minimum setback of thirty feet {3Q') shall be required at the periphery of the base lot .development.. b. Yards bordering a major collector or arterial street: An additional. ten feet (10') of setback to the side yard and twenty feet (2Q`) of setback to the rear yard requirements noted above is required to support a landscaped buffer yard. 4. Building Setbacks: The following minimum internal setbacks shall be imposed on detached townhome and-twin home ,developments that include more than one principal structure on a. base lot: a. Setback between buildings within .the .same base lotprsliminary platted after.. {Effective Date].shall maintain a minimum separation. of twenty feet (20') . lb b. Buildings shall be setback a minimum of thirty feet.(3D') from public rights- of-ways. c. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance. with Section 11-16-13 of this Title. Section 24. Section 11-57-1.7.A of the Zoning Ordinance (RST-2 District - Common Areas} is hereby amended to read as follows: A.° Ownership; A1L common areas within an RST-2 development not dedicated to the public including,. but not limited to, openspace, driveways, private drives, parking areas, play .areas, etc., shall be owned in one of the fallowing .manners: 1. Condominium ownership pursuant to Minnesota Statutes 515A.1-106. 2. Detached townhome andtwinhome subdivision common areas .shall. be owned by the owners of each-unit lot, with each-owner of a unit having an equal and undivided interest iri the common area. Section 25. Section 11-57-t9.C.3 of the Zoning Ordinance (RST-2 :District -Unit Construction} is hereby amended to read as follows: 3. Minimum Overhang: In case o~ agable roof, a minimum twelve. inch (12") soffit shall be required. Section 26. Section 11-57-19-C.4 (RST-2 District -Exterior Building Finish} of the Zoning Ordinance is hereby amended to read as follows: 4. Exterior Building Finish, Detached Townhome Dwelling and Twinhome Dwelling Units: The exterior of detached townhome and twinhome dwelling units shall include a variation in building materials which are to be distributed. . throughout the building facades and coordinated 17 into the architectural design of the structure to create an architecturally balanced appearance. In addition, townhome dwelling structures shall. comply with the .following requirements: a. A minimum of twenty five percent (25~) of the combined area of all building facades of a structure shall have an exterior finish. of brick, stucco and/or natural or artificial stone.. b. Except for brick, stucco, and/or natural or artificial stone, no single. building facade shall have mare than seventy five percent (75~) of one type of exterior finish.. c. Except..for brick, stucco, .and/or ,natural or artificial stone, rio townhome dwelling , structure shall have more than sixty percent (60~) of all building facades of one type .of .exterior finish. d. For .the purpose of this, Section: 1. The area of the building facade .shall notnclude-area. devoted to windows, .entrance doors, garage doors, or .roof areas. 2. Variations in texture or style (i.e., lap siding versus shake shingle sidingp shall be considered as different materials meeting the .requirements of .this Section:. 3. .Integral colored split face {rock facet' concrete block shall not qualify for meeting the brick, stucco and/or natural or artificial stone,material requirements. Section 27. Section 11-57-19.E of the Zoning Ordinance (RST-2 District - Storm Shelter) is hereby amended to read as follows: E. Storm Shelter: In cases where dwelling units are constructed slab on-grade,. provisions shall be 18 made to provide for storm protection as required by Section 11-17-27 of this Title. Section 28. Section 11-57-19 of the Zoning Ordinance (RST-2 District - Construction Standards} iS hereby amended t© add the following provisions: I, Landscaping/Screening/Lighting: A detailed landscaping and lighting. plan. shall be provided and implemented pursuant to Section 12-16-17 and Chapter 21 of this Title. Said landscaping and screening shall address the following: 1. All open areas of the development project which are.'not used or improved for `required :parking areas; drives or storage shall be landscaped with a combination of overstory trees, understory trees,. shrubs, flowers and ground cover materials. Thee plan for landscaping. shall include .ground cover,. bushes:, .shrubbery, .trees, sculpture, foundations, decorative walks or other similar .site. design.. features or: materials in a quantity having a mnimum..value in conformance with the following Gable: Project Value Including Building Construction, Ste.Preparation, And Site Improvements Minimum Landscape Value Below $1,000,000.00 2 percent $1,000,001..00 - $2,000,000.00 $20,000.00 plus l percent of project value in excess of :$1,000,000.00 $2,000,001.00 - $3,000,000A0 $30,000.00 plus 0.75 percent of project value in excess of $2,000,ooo.oa $3,000,001.00 - $4,000,000.00. $37,500.00 plus 0.25 percent of project value in excess. of $3,000,000.00 Over $4,000;000.00 1 percent 19 2. Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure. 3. Buffer yard landscaping for yards bordering major collector and arterial. streets. 4. All boulevards shall be sodded. 5. Screening of designated outdoor storage areas. b. All landscaped areas,, including on-.site traffic islands and all public x'ights of way adjacent to the property {where access is allowed by the governmental jurisdiction}, shall have an in-ground. irrigation system with an automatic controller. Section 29. Chapter 57 of .the Zoning Ordinance (RST-2 District) is ...hereby amended to add the following provisions: 11-57-21: AFFORDABLE HOUSING: Housing meeting the Metropolitan Council's livable communities criteria for-affordability. may be exempted from subsections. 11-57-19.C, D, and I of this :Chapter by administrative permit, provided guarantees satisfactory to the City are in place. to ensure that "for sale" housing will meet .the requirement for initial Sales and "for rent" housing will meet the requirement for the initial ten (10} year rental period. Section 30. Section 11-58-7.A of the Zoning Qrdinance (RM-1 District.- Permitted Accessory Uses) is hereby amended to read as follows: A. All permitted accessory uses as allowed .within the.RST-1 Zoning District, except that: 1. Only those accessory.buildings, structures, or fences owned and maintained by a homeowners association shall be erected.on a common base lot or on an individual unit lot 20 :for two-family, townhome and quadraminium dwellings. Section 31. Section 11-58-17.B.4 of the Zoning Ordinance (RM-1 District - Two Family, Townhouse, Quadraminium Building Setbacks} is hereby amended to read as follows: a. Setback-between buildings within the same base lot: preliminary platted after jEFFECTIVE DATE] shall maintain a.minimum separation of twenty five feet (25~). b.' Buildings sha11 be setback a minimum of thirty -feet (3Q') from the back of curb line of private drives and public rights of way and .fifteen feet (15'} from guest parking areas. c. A protective natural buffer. and. setback shall be provided far all designated wetlands in conformance with.Section 11-16--13 of this Title. Section 32. Section 11-58-19.A of the. Zoning Ordinance (RM-1 District - Common Areas} is hereby amended to read as~follows A. Ownership: A11 common area's within an RM-1 development not dedicated to the public including, but not limited ta, open space, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners: 1. Condominium ownership pursuant to Minnesota .Statutes 515A.1-106. 2. Twinhome, quadraminium and townhome subdivision common areas shall be owned by the .owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area. Section 33. Section 11-58-21.C.3 of the Zoning Ordinance. (RM-1 District - Unit-Construction) is hereby amended to read as follows: 21 3. Minimum Overhang: In case of a gable roof, a minimum twelve inch (12") soffit shall be required. Section 34. Section 11-58-21.C.4.d of the Zoning Ordinance (RM-1 District -Exterior Building. Finish) is hereby amended to read as follows: d. For the purpose of this .Section: 1. The area of the .building facade shall not includearea devoted to windows, entrance doors, garage doors, or roof areas. 2. Variations in texture or style (i.e., .lap siding .versus shake shingle siding) -shall be considered as different materials. meeting the requirements of this Section. 3. Integral colored spltface'(rock face)- concrete block shall not qualify for meeting the brick, stucco andfor natural or artificial stone material requi-rernents. Section 35. Section 11-58-21.E of the Zoning Ordinance (RM-1 District - Storm Shelter} is hereby amended to read as follows: E. Storm Shelter: In cases where dwelling units-are constructed slab on-grade, provisions shall be made to prouidefor storm protection as required. by `Section 11-17-27 of this Title. Sec#ion 36. Section t 1-58-21.1.1 of the Zoning Ordinance (RM-1~ :District - Design and Construction Standards; Drives) is hereby amended to read as follows: 1. Dead-end private driveways shall serve a maximum of two (2) structures or eight {8) units per side. Private driveways having .two intersections.. to a public street shall serve'a maximum of three structures or twelve (12) units per side. 22 Section 37. Section 11-58-21..1..5 of the Zoning Ordinance {RM-1 District Design and Construction Standards; .Drives) is hereby amended to read as follows: 5. Private drives that provide access to more than two structures (2} or more. than eight units shall be a minimum of twenty eight feet (28'} in width (back of curb to back of curb}. All. other private. driveways shall be a minimum of twenty ..four feet (24') in width (back of curb to back of curb} and shall be posted as no parking zones on .both sides of-the driveway. Section 3$. Section 11-58-21.J of the Zoning Ordinance {RM-1 District :Design and Construction Standards; Guest Parking) is hereby amended to read as follows: J. Guest Parking: At minimum,: one-half (1/2} of .guest parking. spaces per unit shall be provided in an off-street parking lot or private drive at locations dispersed within the development to provide convenient access to individual dwelling units. Thee design and .location of the aff-street parking shall be between or to the side of buildings in a manner compatible with surrounding dwelling units, including (but not limited to} a minimum fifteen foot (15'} setback from principal buildings,. decks, patios or other. open spaces intended for active use. Guest parking areas shall: be screened in conformance with the requirements of Chapter 19 and Chapter 21 of this Title. Section 39. Section 11-58-23 of the Zoning Ordinance (RM-1 District..- Transition Requirement) is hereby amended to read as follows: 11-58-23: TRANSITION REQUIREMENT.: Any RM-1 zoned :property abutting an RS-1, RS-2, RS-3, RS-4, RS-CBD District shall have a minimum of one tier of single-family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 District. Exemptions to the provisions of 23 this Section may be granted at the :time of preliminary plat approval, provided. one or more of the following conditions exist: A. The properties ,are separated by a major collector. or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a,railroad right of way, wetland, water body, flood:. plain, public open .space,..: park or other such. similar publicly.., reserved and development restricted.,area with a minimum width of one hundred feet (1.00'} across its entire: length. D. The. properties are separated.by a buffer yard subject to the following provisions: 1. The buffer yard shall be a minimum width of twenty feet (20') across its entire-length for properties"separated by a minor collector or .local. street>right-of-way. The buffer°yard separation between properties not divided by a minorcollectoror local street right-of-way shall be sixty feet (60' } . 2. The buffer yard is installed. in accordance with requirements .for a buffer yard providing a minimum 10 .foot screening height, subject to Section 1T-21-9.C of this Title., 3. There shall be no direct unit access from the RM-1 District use through the buffer yard to any minor collector or local street separating the properties. E. The requirements of this section shall not-apply to any RM-1 zoned property abutting an RS-1, RS-2, RS-3, RS-4, RS-CBD District within the same preliminary. plat. 24 Section 40. Section 11-58-25 of the Zoning. Ordinance (RM-1 District - Affordable Housing) is hereby amended to read as follows: 11-58-25: AFFORDABLE HOUSING: Housing meeting the Metropolitan Council's livable.. communities criteria for affordability may be exempted from. subsections 11-58-21.C, D, K, and L of this Chapter by administrative .permit, provided guarantees satisfactory to the City are in place to ensure that "for sale" housing will meet the requirement for- initial sales and ".for rent".housing will meet the requirementfor the initial ten ,(1Q) year rental period. Section 41. Section 11-59 {RM-2, Medium-Density Residential District) of the. Lakeville -City. Code -is hereby repealed in its entirety and the chapter reserved for future .use. Section 42. Section 11-61-15.E of the Zoning Ordinance (RH-1 District - Building Setbacks) is hereby amended to read. as follows: E. Building Setbacks: The following minimum internal setbacks shall: be imposed an developments that include. more than one .principal structure on a base lot: 1. Setback .between buildings within the same base lot preliminary platted after [EFFECTIVE DATE] shall maintain a minimum - separation of twenty five feet (25'). 2 Buildings shall be setback a minimum of thirty feet {30") from the back of curb line of private drives and public rights of way and fifteen feet (15') from guest parking areas. 3. A protective natural buffer and_building setback shall be provided for all-designated wetlands in conformance with Section 11-16- 13 of this Title_ 25 Section 43. Section 11-61-17 of the Zoning Ordinance (RH-1 District - Common Areas) is hereby amended to read as follows: A. Ownership:. All common areas within an RH-1 development not dedicated to the public including, but not limited to, open space, driveways, private drives, .parking areas, play areas, etc., shall be owned. in one of the following manners: 1. Condominium ownership pursuant to Minnesota - Statutes 515A.1-106. 2. Twinhome, quadraminium and townhome subdivision common areas shall be owned by .the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area. Section 44. Section 11-62 (RH-2, Multiple-Family District) of the Lakeville City Code is hereby repealed in its entirety ancF'the chapter reserued for future use. Section _45. Section 11-70-7.D of the Lakeville City Code is hereby :amended in its entirety to read as follows: D. Elderly Housing: Elderly housing subject to the requirements of the RH-1 zoning. district . Section 46. Section_ 1 t-70-7.H.2 is hereby amended in its entirety to read as follows: 2. The residential building standards'as outlined in the RH-1 Zoning District are met. Section 47. Section 11-70-7.1 is hereby amended in its entirety to read as follows: I. Multiple-Family Dwellings: Multiple-family dwelling structures subject to the requirements of the RM-1 Zoning District.. - 26 Section 48. .Section 11-70-11.A of the Lakeville City Code is hereby amended in its entirety to read as follows: A. ,Essential services, except transmission pipelines and transmission or substation lines. in excess of 33kV and up to 100kV, as regulated bar Chapter. 26 of this Title.. Section- 49. Section 11-71-3 of the Lakeville City Code is hereby amended to add the following provisions.: DD. Instructional classe Section 5th Section 11-71-7.K of the Lakeville City Code is hereby amended. to add the following provisions: I~. Multiple principal buildings on one .lot of record, provided that: 1. The base lot shall conform to the minimum ,lot area, at width,-and setback requirements of Section 11-71-13 of this. Title. 2. Setbacks between multiple principal buildings within the same base lot hall be a minimum of twenty feet (20'). 3. Common Areas: All common areas including, but not limited to, open space, .wetlands, greenways, drainage ponds, driveways, parking areas,.,.sidewalks, etc.., shall be mantainedin`one of the .following ways:' a. .All of the property including buildings and common areas shall be owned by a single entity. b. Condominium ownership .pursuant to Minnesota Statutes 515A.1-106. c. .The property shall be divided into a base lot and unit lots to allow for individual-ownership of the principal buildings or individual tenant spaces 27 within the principal building, with each owner-of a unit lot having an equal and undivided interest in the common area, subject to the following requirements: {1) The tenant space related. to each unit lot shall have an exclusive exterior entrance. (2) A management association shall be established for all commercial developments wthmultiple . principal buildings subdivided in abase lot / unit lot configuration that is to be responsible for all exterior building maintenance, approval of any .exterior architectural modifications, landscaping,. snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney. 4. Utilities.: a. Underground or exterior service: All utilities including telephone, electricity, gas, and telecable shall be installed underground, Exterior utilt~r meters and fixturesshall be located in interior. side or rear .yards when possible, and shall be screened from view of adjacent propertie and the public. right-of-way. b. Public utility service: Separate public utility services shall be provided to each unit unless exempted by the City Engineer. (1} Water connection: A shut off valve for each Individual unit shall be provided. 28 (2} Sewer connection: Where more than .one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance. association or owners. Sec#ion 51. Section 11-71-11.A of the Lakeville .City Code is hereby amended in its entirety to read as follows:. P,., Essential services, except transmission pipelines and transmission. or substat-ion lines in excess-of 33kV and up to 100kV, as regulated by Chapter`26' of this Title. Section 52. Section 11-72 7. F.11 0# the l_akevitle City Code is hereby amended read as follows: 11. Signs: a. A comprehensive sign plan. must. be submitted as part of a conditional use permit application. b. Freestanding sign. A freestanding sign allowed by Chapter 23 of this•Title shall be a monument sign constructed as follows: 1. The sign shall be self-supported vertically by a solid base extending. horizontally for a minimum of the entire width of the sign face. Total height of the monument `sign including the base shall-not exceed fifteen feet (15'), 2. The sign base and supporting material .shall be equal-to at least forty percent (40~} of the total allowable sign square footage, and shall not be countedtoward the sign area. The base- shall be attached to the ground for its .entire horizontal width of the sign. The base shall be decay-resistant wood, 29 stone, brick, or decorative masonry and shall not contain :any sign copy. c. In addition to the freestanding sign allowed by Chapter. 23 of this Title, convenience food uses'may display menu signs related to drive. through facilities, provided that: 1. Not more than two (2) menu gns are allowed.. 2. The menu sign(s) shall be single sided with-an area not to exceed fifty (50) square feet. 3. The height of the menu sign(s) shall not exceed eight (8) feet including its base or pole measured -from grade to the top of .the structure. 4. The menusign(s)..shall:not encroach into any principal building setback and shall be located directly .adjacent to the drive through aisle and oriented in such a manner so that the ign provides information to the drive through patrons onlyand does not provide supplemental advertising to pass-by- traffic and does not impair site visibility or obstruct circulation. d. AlI other signing and informational or visual communication devices shall be minimized and shall be in 'compliance with Chapter 23 of this Title. Section 53. Section. t 1-72-7 of the Lakeville City Code is hereby amended to add thefalbwing provisions: J. Fitness centers larger than two thousand {2,000) square feet and health clubs. Section 54. Section 11-74-11.A of the Lakeville City- Code is hereby amended to read as follows: 30 A. Essential services, except transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 2b of this Title. Section. 55. Section 11-75-7.A of the Lakeville City Gode is hereby amended in its entirety. to read as follows: A. All conditional .uses allowed .within the C-3 Zoning .District, except: 1. Fitness centers larger. than two thousand f2, 0:00) square feet and health .:.clubs. Section 56. Section 11-75-7.6.2. of the Lakeville City Code is _ hereby amended iri its entirety to read as follows: 2. The: residential design and' construction standards.. as outlined in the RH-1 district are meta. Section 57. Section- 1~1-76-3.J of the Lakeville City, Code is hereby amended in its entirety to read as follows: J. Warehouses and self-storage facilities. Section 58, Section 11-76-7 of the Lakeville City Code is hereby amended to add the#ollowing provisions: H. Multiple principal ,buildings on one-lot of record:, provided that.: 1. The base lot hall conform to the minimum lot area, lot width, and setback requirements of Section 11-71-13 of this Title. 2. .Setbacks between multiple principal buildings within the same base lot. shall be a minimum of twenty feet (20'). 3. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, 3L parking areas, sidewalks, etc., shall be ,maintained in one of the following ways: a. All of the. property including buildings and common areas shall be owned by a single entity. b. Condominium ownership pursuant to Minnesota Statutes 515A.1-106. c. The property shall be divided into a base lot and unit lots. to allow for individual ownership of the principal buildings or nd~.vidual tenant spaces within the principal building,` with each owner of a unit lat having an equal and undivided interest in the common-area, .subject to the. following. requirements.:. (1} The .:tenant space related.. to each unit lot shall have an exclusive .exterior entrance. (2} A management association shall be established for all commercial developments with multip-le principal buildings subdivided in abase lot / unit lot configuratonthat is to be responsible for aI1 exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow .clearing. and:,regular maintenance of .driveways and parking areas, subject to review and approval f the City .Attorney. 4. Utilities: a. Underground or exterior service: All utilities including telephone, electricity,. gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be .located in interior side or rear yards 32 i when possible and shall be screened from-view of adjacent properties and the public right-of-way. b. Public utility service: Separate public-.utility services shall be provided to .each unit. unless exempted by the City Engineer. (1} Water connection: A shut off valve for each Individual unit shall be provided. (2} Sewer connecton:__Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners. Section 59. Section 11-85-11.A of the Lakeville City Code is hereby amended in its entirety to read as follows: A. Essential services, except transmission pipelines and transmission or substation. -lines inexcess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 60. Section t 1-86-7 of the Lakeville City. Code is hereby amended in its entirety to read as #ollows: 11-$6-7: CONDITIONAL USES: In addition to other uses specifically identified .elsewhere in this Title, the following are conditional uses in an i-1 .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 .request fora conditional use permit shall be evaluated based upon the standards. and criteria. set. forth in subsection 11-4-3E and Section 11-4-7 of this .Title. 33 A. All conditional uses allowed within the I-CBD Zoning District, except: 1. Accessory open and outdoor storage. B. Animal kennels, provided that: 1. The animal kennel shall be located in a freestandingbuilding. 2. The animal kennel shall be located on a lot at least two (2) acres in size. 3.` An exercise area at least one hundred (100) square feet ira size shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 4. If an outdoor exercise area is provided, it shall be at least one hundred fifty (150) square feet in size and shall be restricted to the exercising of one animal, on leash, under. the control of a handler,: in the pet exercise .area, at a-time.. 5. Outdoor exercise.. areas shall be fenced, not less than six feet (6') in height with-an additional at least two foot (2"') security arm with an internal orientation set at a thirty .degree (30E) .angle, and shall be of .sufficient strength to retain kenneled: animals. Said fence shall be located in a side or rear yard and shall .provide a complete visual screen from.. surrounding. properties in compliance with Section 11-21-9 of this Title.:.-Said fence shall be set back at least one hundred feet (100') from any side or rear propertyline. 6. Outdoor exercise areas must be cleaned at least once a day to prevent the accumulation of animal .wastes. and the spread of disease. 7. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be'capable of completely exchanging internal 34 air at a rate of at. least twice per hour. Air temperature must be maintained between sixty. and seventy .five degrees Fahrenheit l60B75EF). 8. A roam separate from the kennel area shall be provided-of sufficient size to adequately separate animals that are sick or injured from healthy-animals. • 9. Indoor animal kennel floors and ,walls shall be made of nonporous materials or sealed - concrete to make it nonporous. 10. Animal wastes shall be flushed down an existing sanitary.sewer system ar enclosed in a container of sufficient construction to elminate`odors and organisms :and shall be properly disposed of at least once a day. 11. The appropriate license is obtained from the City. Clerk and the conditions of Section 5-1-12 of-this Code are met. 12. All State Health Department and. Minnesota Pollution Control Agency requirements for such facilities are met. C. Daycare facilities as a principal use or accessory use provided that the use conforms to the provisions..of,:Chapter 31 of this Title. D. Essential services involving transmission pipelines and transmission or-substation lines. in excess of 33kV and up to 10OkV,"as regulated by' Chapter 26 of this Title. E. Satellite TVROs .greater than..two. meters (2 m) in diameter as regulated by Chapter 30 of this Title. F. Truck stops, as regulated by Chapter 37 of his .Title.. G. Trucklcar washes (automatic mechanical drive- through only) as an accessory use associated with a truck stop, provided: 35 1. The accessory car/truck wash must be on the same parcel. of record as the truck stop. 2. Magazine or stacking space is constructed-to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the City Engineer. 3. Magazine or stacking space. must not interfere with on-site circulation patterns or required on-site parking or loading : areas. 4. Parking or carftruck. magazine storage space- shall be screened from view of abutting residential districts in compliance with Section-11-21-9 of this Title. 5. The location and operation of vacuum. machines must not interfere with magazines ar stacking areas on-site circulation or on- ste parking and Iaading areas. 6. Provisions.. are made to control and reduce noise and .special precautions shal3 be taken to limit .the effects of noise associated with vacuum machines Additionally, the garage doors must remain closed during the operation-of the carltru~k wash. 7. Untreated water from the car/truck wash shall not be discharged into. the storm sewer. If the. water is to be pretreated. and discharged into the storm sewer] the pretreatment plans shall be subject to _ review and approval of the City Engineer and Building Official. 8. All of the provisions as outlined in Section 11-3?-7 of this Title must be satisfied.. Section 61. Section 11-96-2 of the Lakeville City Code is hereby amended in its entirety to read as follows: 11-96-3: APPLICATION: 36 -Except for .the portion of the. City defined as the Central Area by the Comprehensive Plan, a PUD District :shall not be established for ,parcels guidedforlow- . density residential, rural or agricultural land uses by the Comprehensive Plan, as may be amended, with a,district area less .than three hundred twenty (320) acres. Section 62. Section 11-96-25 of the Lakeville .City Code is hereby amended to add the. fiollowing,provisions: O, Ordinance 677 Niain Street Manor P. Ordinance 692 Celebration Second ..Addition Q. Ordinance 695 Timbercrest At Lakeville . R. Ordinance 713 Mallard Shores S. Ordinance 717 Airlake Development Fifth-Addition T. Ordinance 720- Morgan .Square U. Ordinance .72.3 Crossroads V. Ordinance 726 Jackson's First Addition W. ..Ordinance-736 Gilb Fitzpatrick Addition Section 63. Section 11-102-13.A of the Lakeville City Code is hereby amended in its entirety-.and #a read. as follows: A. Residential (RS-1, RS-2, RS-3, RS-4, RST-1, RST-2, RS-CBD, RM-1, and RH-1 Districts}: Section 64. Effective Date. This Ordinance shall be effective immediately upon its ,passage and publication according to law. 37 PASSED. and ADAPTED by the Lakeville City Council this 5th day of April, 2004. CITY 4F LAKEVtLLE BY: .Robert. D. Jo sort, Mayor ATTEST BY: arlene Friedge ,City C! 38 .CITY OF LAKEVILLE DAKOTA COUNTY, IV~:NNESOTA SUMMARY OF ORDINANCE N0.762, AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE CONCERNING ZONING This Ordinance amends Title 11 of the Lakeville City Code. The ordinance will revise zoning regulations in the following areas: commercial animal feedlots; transmission lines; instructional classes; .fitness centers; office condominium projects; commercial self-storage;. drive through signs; single family planned unit developments; public or quasi-public accessory buildings; RA District accessory buildings; off-street parking requirements; development signs; accessary building uses; the applicable. building code; and attached and detached ownhouse performance standards. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk.. APPROVED FOR PUBLICATION this 190' day of April, 2004, by the City Council of the City of .Lakeville, Minnesota., -CITY OF LAKEVILLE BY: Robert D. Jo son, Mayor A ST: harlene Friedges, City rk lo~sl~.ol RNK:08/ 1 I /2003 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 762, AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE CONCERNING ZONING This Ordinance amends Title 11 of the Lakeville City Code. The ordinance will revise zoning regulations in the following areas: commercial animal feedlots: trans- mission lines; instructional classes; fit- ness centers; office condominium proj- ects; commercial self -storage; drive through signs; single family planned unit developments; public or quasi -public accessory buildings; RA District accessory buildings; off-street parking requirements; development signs; accessory building uses; the applicable building code; and attached and detached townhouse per- formance standards. A•printed copy of the ordinance is avail- able for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION this 19th day of April, 2004, by the City Coun- cil of the City. of Lakeville, Minnesota. CITY OF LAKEVU,LE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T325 4/24/04 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 :5e 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 33 I A.02, 33 1 A.07 and other applic- able laws, as amended. (B)The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once each-wookreiw- �/ suct•MIyc weeks; it was first published ,on Saturday, the1( l "qday of C ( CI_, 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 .ss being the size and kind of type used in the composition and publication of the notice: ahcdefghijklmnopgrstuvwxyz BY: TITLE: Managing Editor Subscribed and sworn to before me on this OD cl day of Notary Public ■ CAROL J. HAVERLAND NOTARY PUBLIC — MINNESOTA My Commission Expires 1-31-2005