HomeMy WebLinkAbout07-10-00 WS
CITY OF LAKEVILLE
• CITY COUNCIL WORK SESSION
JULY 10, 2000
The July 10, 2000 City Council work session was called to order by Mayor Zaun in the City Hall
North Meeting Room at 8:00 a.m.
The following City Council members were present: Mayor Duane Zaun, David Luick, Lynette
Mulvihill, and Betty Sindt. The following City Council members were absent: Bob Johnson.
The following staff were present: City Administrator Robert Erickson, Acting Community &
Economic Development Director Daryl Morey, City Attorney Roger Knutson, Associate Planner
Ron Mullenbach, planning consultant Daniel Licht, and planning consultant David Licht.
Mayor Zaun stated that the purpose of the work session was to provide staff with final
comments on the draft Zoning Ordinance, draft Zoning Map, draft Sign Ordinance, and draft
Subdivision Ordinance prior to final adoption at the July 17"' City Council meeting.
Planning consultant David Licht stated that the Planning Commission held the continued public
hearing on the Zoning Ordinance and Map, Subdivision Ordinance, and Sign Ordinance
Updates on Thursday, June 29th. The Planning Commission unanimously recommended
approval of the documents subject to some additional revisions. Mr. Licht then provided an
outline of issues in the new zoning ordinance as contained in .the staff report, dated June 30,
2000 and answered questions related to it:
• Chapter 1 Title and Application
• This chapter contains basic legal information and required references.
Chapter 2 Rules and Definitions
• This chapter contains definitions for terms used throughout the Zoning Ordinance. Some of
the updated/new definitions include: animals, antennas, commercial equipment, commercial
vehicle, essential services, garden supply store, greenhouse, wholesale nursery,
recreational vehicle and equipment, South Creek Stormwater District, and South Creek
(Trout) Stream Channel.
Chapter 3 Administration -Amendment
• The property depreciation findings of fact requirement has been removed.
• Mr. Licht stated that the 4/5 vote for approving amendments and other planning actions has
been kept in the ordinance, but is a policy decision that should be made by the City Council.
After some discussion, the City Council agreed to continue to require a 4/5 vote for
approving planning actions (i.e. rezoning, CUP, variances).
Chapter 4 Administration -Conditional Use Permits
• The property depreciation provision of the findings of fact requirement has been removed.
• A 500 foot radius for mailed notices has been applied to all conditional use permit requests,
• consistent with current City practice.
• General performance standards that apply to all conditional uses have been combined in
Section 11-4-7.
Chapter 5 Administration -Interim Use Permits
• Interim uses will be subject to the same processing requirements and general performance
standards as conditional uses.
Chapter 6 Administration -Variances
• A 500 foot radius for mailed notices has been applied to all variance requests, consistent
with current City practice.
• The property depreciation provision of the findings of fact requirement has been removed.
Chapter 7 Administration -Appeals
• This chapter provides legal recourse for individuals on matters involving the interpretation of
the Zoning Ordinance.
Chapter 8 Administration -Administrative Permits and Approvals
• Mr. Licht explained that this is a new aspect of the Zoning Ordinance that allows technical
issues to be processed administratively by the Zoning Administrator. Certain uses currently
listed as conditional uses have been changed to administrative permits (e.g. expansion to a
non-conforming single family home, .second driveway for a residence, second detached
• accessory building, one story entrances encroaching 5 feet into the required front yard, moving a
building, and the site plan review process.) Administrative permits were added to be more user
friendly.
Chapter 9 Administration -Site Plan Review
• This chapter establishes formal site plan review procedures and requirements for projects
not requiring a planning action. The new procedures remove the need for formal Planning
Commission and City Council action on major site plan reviews.
• Section 11-9-13: Information Requirement provides a comprehensive checklist for site plan
submissions.
Chapter 10 Administration -General
• This chapter contains the duties of the Zoning Administrator.
Chapters 11-14 Reserved
Chapter 15 Non-Conforming Buildings, Structures and Uses
Section 11-15-3.C. requires that all buildings and uses on parcels involved in a subdivision
be brought into conformance with the Zoning Ordinance. The Planning Commission
recommended this provision based on the oversized accessory buildings associated with
the. Anderson Century Farm and Marion Fields Second Addition plats.
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• Section 11-15-7.D. allows expansion of single family and two family residences by
• administrative permit provided the expansion meets setbacks. In addition, this section also
specifically prohibits expansion of non-conforming detached accessory buildings.
• Section 11-15-9.A. contains provisions for "zoning lots" to allow development of multiple lots
by a single use.
Chapter 16 General Performance Standards
• Section 11-16-7: Erosion control and drainage provisions have been included in the new
zoning ordinance, consistent with current erosion control techniques.
• Section 11-16-9 incorporates an impervious surface standard for the Crystal Lake
Watershed.
• Section 11-16-11 incorporates the recommendations of the South Creek Sub-committee.
• Section 11-16-13: Wetland provisions have been included in the new zoning ordinance,
consistent with current practices.
Chapter 17 General Yard, Lot Area and Building Regulations
Section 11-17-9.A. includes exterior building requirements for special areas, residential
uses, commercial uses, and industrial uses.
Chapter 18 Accessory Buildings, Structures, Uses and Equipment
• Section 11-18-7.A. will allow properties with a detached garage (many of which .are found in
the historic downtown) to have a second detached accessory building as a permitted use.
The current Zoning Ordinance requires a conditional use permit.
• Section 11-18-7.C. includes reduced side yard setbacks for accessory buildings in the RS-
CBD District (from 10 feet to 5 feet), which will be applied to residential areas in the historic
downtown.
Chapter 19 Off-Street Parking Requirements
• Section 11-19-7.F.3. prohibits storage of commercial vehicles or equipment on residential
properties.
• Page 19-4 includes a new Parking Area and Drive Setbacks table which increases the front
yard parking setback from 5 feet to 15 feet for commercial and industrial uses to
accommodate required landscaping.
• The parking standards for churches have been revised to change the requirements for
churches with capacity over 1,000 seats.
• New parking requirements for the downtown have been incorporated, into this chapter. The
table on page 19-14 shows office/retail uses in the CBD at 3 spaces/1,000 square feet and
restaurant uses in the CBD at 5 spaces/1,000 square feet of floor area. The new zoning
ordinance also allows the use of on-street parking stalls directly adjacent to a site in
providing required parking.
Chapter 20 Off-Street Loading
• This chapter contains minimum standards for the location, size, number, and screening of
loading areas.
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Chapter 21 Fencing/Screening/Landscaping
• Sections 11-21-7 & 9 contained enhanced landscaping and screening requirements.
• Minimum standards. for buffer yards in residential subdivisions, consistent with current
practices, have been incorporated.
• This chapter adopts the recommendations of the Corridor and Gateway Design Study, by
reference.
Chapter 22 Outdoor Storage
• This chapter contains standards for the number (2) and location of recreational
vehicles/equipment that can be stored and where they can be stored. Storage of
commercial vehicles is specifically prohibited.
• Provisions related to junked and dismantled vehicles have been incorporated into City Code.
Other regulations with a compliance date of June 1, 1999 have been removed. John
Hennen has confirmed that all affected properties are in compliance related to the storage of
land/sea containers.
Chapter 23 Signs
• No major revisions to this chapter of the Zoning Ordinance are proposed. 'The Sign
Ordinance has been revised to reference new district nomenclature.
Chapter 24 Land Excavation and Mining
• No majorrevisions to this chapter of the Zoning Ordinance are proposed.
Chapter 25 Public Property/Rights-of-Way
• No major revisions to this chapter of the Zoning Ordinance are proposed. The City
Attorney's office is currently working on a right-of-way ordinance, which would be placed in
City Code at a later date.
Chapter 26 ,Essential Services
• No major revisions to this chapter of the Zoning Ordinance are proposed.
Chapter 27 Model Homes
• Model .homes will be allowed by administrative permit. Section 11-27-7 contains special
requirements for model homes designed to minimize their impact on surrounding
neighborhoods.
Chapter 28 Temporary Structures
• This chapter provides for temporary structures for emergency purposes and during
construction by administrative permit. Section 11-28-5 contains special requirements for
temporary structures which were designed to minimize their impact on surrounding land
uses.
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Chapter 29 Wind Energy Conversion System (WECS)
• No major revisions to this chapter of the Zoning Ordinance are proposed.
Chapter 30 Antennas
• This is a new chapter related to various types of antennas. Significant research was done
by NAC to ensure that the ordinance addresses all antenna uses within the community.
• Section 11-30-7 contains a co-location requirement for antenna towers.
• Section 11-30-13 incorporates findings from the amateur radio service antenna CUP
approved in 1999. A requirement for a retractable antenna tower was included in Section
11-30-13.D. consistent with the City Council's decision on the Ramey CUP in 1999 despite
concerns related to the enforcement of this provision.
• HAM Radio users have stated that vertical pole antennas which are not as visible as larger
antenna equipment should be allowed to be higher than 35 feet without a requirement for
retraction. The City Council agreed that allowance for such equipment should be
made. City Attorney Roger Knutson will contact John Bellows, Jr. to determined the
appropriate maximum height and maximum diameter for the vertical pole antennas.
Chapter 31 Day Care Facilities
The current day care facilities chapter reflects State requirements that were in effect at the
time the ordinance was adopted. The revised chapter removes these standards and
replaced them with a requirement (Section 11-31-3.A.) for compliance with applicable
Minnesota Department of Human Services regulations.
Chapter 32 Home Occupations
• No major revisions to this chapter of the Zoning Ordinance are proposed.
Chapter 33 Specialized Housing
• This. is a new chapter of the ordinance that contains performance standards for bed and
breakfast establishments and residential shelters.
Chapter 34 Sexually Oriented Uses
No revisions to this chapter of the Zoning Ordinance are proposed at this time. The
moratorium on such uses is still in effect. The chapter will be reviewed in more detail
following approval of the new zoning ordinance. The review will include a detailed mapping
analysis.
Chapter 35 Animals
New definitions for house pets and farm animals have been incorporated into Chapter 2 of
the Zoning Ordinance. No major revisions to this chapter of the Zoning Ordinance are
proposed.
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Chapter 36 Airport Zoning
• This chapter has been added consistent with MnDOT and Metropolitan Airports Commission
requirements.
Chapter 37 Motor Vehicle Fuel Facility
• This new chapter combines all requirements for motor vehicle fuel facilities and truck stops.
No major modifications from the current ordinance are proposed.
Chapters 38-44 Reserved
Chapter 45 General Zoning District Provisions
f`J
• This chapter establishes the new zoning districts for the City. New nomenclature has been
proposed to avoid confusion between the current and the updated Zoning Ordinance. The
current zoning districts and the proposed new zoning districts relate as follows:
New Current
A ricultural/Rural Districts
A-P, A ricultural Preserve A-P, A ricultural Preserve
RA, Rural/A ricultural R-A, Sin le Famil A ricultural
RAO, Rural/A ricultural Overla -
Residential Districts
RS-1, Sin le Famil R-1, Low Densit Sin le Famil
RS-2, Sin le Famil R-2, Sin le Famil
RS-3, Sin Ie Famil R-2A, Sin le Famil
RS-4, Sin le Famil R-3, Hi h Densit Sin le Famil
RS-MHP, Single Family
Manufactured Home Park R-MH, Mobile Home Park
RS-CBD, Single Family,
Central Business District Area -
RST-1, Sin le and Two Famil R-4, Sin le & Two Famil
RST-2, Sin le and Two Famil Transition -
RM-1,Medlum Densit R-5, Sin le & Two Famil ,Medium Densit
RM-2, Medium Densit R-6, Medium Densit
RH-1, Multi le Famil Residential Densit R-7, Hi h Densit
RH-2, Multi le Famil Residential Densit -
- R-B, Residential Business Transition
Commercial Districts
O-R, Office/Residential Transition -
- 8-1, Limited Nei hborhood
C-1, Retail Commercial 8-2, Retail
C-2, Hi hwa Oriented 8-3, Auto Oriented
C-3, General 8-4, General
CC, Cor orate Cam us B-C, Business Cam us
C-CBD, Central Business District CBD-C, Central Business District
C-W, Commercial Warehousin 8-W, Business- Warehouse
Industrial Districts
I-CBD, Central Business CBD-1, Central8usiness
-1, Limited Industrial 1-1, Limited Industrial
-2, General Industrial 1-2, Generallndustrial
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S ecial Districts
PUD, Planned Unit Develo ment PUD, Planned Unit Develo ment
ASZ, Air ort Safet Zone -
Environmental Protection Districts
S, Shoreland Overla S, Shoreland Overla
FP, Flood lain Overla FP, Flood lain Overla
Chapter 46 A-P, Agricultural Preserve District
• No major changes from the current A-P District are proposed.
Chapter 47 RA, Rural/Agricultural District
• No major changes from the current R-A District are proposed.
Chapter 48 RAO, Rural/Agricultural Overlay District
• This new district will be applied to .areas outside the MUSA which are anticipated to urbanize
before the year 2020. This overlay district is consistent with the direction recommended by
the Planning Commission and adopted by the City Council in 1999.
Chapter 49 Reserved
Chapter 50 RS-1, Single Family Residential District
• No major changes from the current R-1 District are proposed.
Chapter 51 RS-2, Single Family Residential District
• No major changes from the current R-2 District are proposed.
Chapter 52 RS-3, Single Family Residential District
• No major changes from the current R-2A District are proposed.
Chapter 53 RS-4, Single Family Residential District
• No major changes from the current R-3 District are proposed.
Chapter 54 RS-CBD, Single Family Residential District -CBD Area
• This is a new chapter which has slightly reduced minimum lot area,. minimum lot width, and
side yard setbacks than the current R-3 District zoning in the historic downtown. Certain
performance standards will apply only to lots within the RS-CBD District.
• City Administrator Bob Erickson stated that it may be beneficial to mail out a letter detailing
the RS-CBD District to residents in this district.
Chapter 55 RS-MHP, Single Family Manufactured Home Park District
• No major changes from the current R-MH District are proposed.
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Chapter 56 RST-1, Single and Two Family Residential District
• This district will be applied to existing developed R-4 District lots. No major changes from
the current R-4 District are proposed.
Chapter 57 RST-2, Single and Two Family Transition District
• This is a new district that will be applied to undeveloped parcels guided low/medium density
residential.
• Detached townhomes are a permitted use with design and construction standards outlined
in Section 11-57-19. Mr. Licht stated that some developers have requested that detached
townhomes be allowed as permitted uses in the RM Districts. The detached townhomes are
being offered in the RST-2 District only as a trial to determined what type of product will be
built. It is possible that a future update of the. zoning ordinance may allow detached
townhomes in the RM Districts.
Chapter 58 RM-1, Medium Density Residential District
• This district is based on the current R-5 District. A transition requirement has been built
incorporated into address compatibility issues with abutting low density single family uses.
Townhouse projects abutting single family neighborhoods will be required to provide one tier
of single family, two family, or detached townhouse housing or permanent open .space as a
transition.
• Design and construction standards (Section 11-58-21) prepared during the draft of the R-5A
District last fall have been incorporated into the multiple family residential districts.
• The Planning Commission is recommending that dead-end private drives serve a maximum
of two structures and six units per side.
• The Planning Commission is also recommending that grouped utility boxes on townhouse
structures, which face the public right-of-way, be screened.
• Section 11-58-25 provides opportunity for housing meeting the. Metropolitan Council's livable
communities criteria for affordability.
• Councilmember Mulvihill confirmed that the new ordinance includes provisions for
storm shelters in slab-on-grade townhomes.
Chapter 59 RM-2, Medium Density Residential District
This district is similar to the RM-1 District, but includes a density bonus provision.
Consistent with the discussions regarding the R-5A District, the density bonus provides
incentives for developers to include amenities in their projects.
Chapter 60 Reserved
Chapter 61 RH-1, Multiple Family Residential District.
• This chapter is based on the current R-7 District. A transition requirement has been built in
to address compatibility issues with abutting lower density residential uses.
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Chapter 62 RH-2, Multiple Family Residential District
• This district is similar to the RH-1 District, but includes a density bonus provision. The
density bonus provision will provide incentives for developers to include amenities in their
projects.
Chapters 63-69 Reserved
Chapter 70 O-R, Office/Residential Transition District
• The R-B District has been removed and replaced by the O-R District. This district is applied
to areas guided for office park/business campus uses where aloes-intensity commercial or
multiple family residential transitional use is desired.
Chapter 71 C-1, Retail Commercial District
• This district is similar to the current B-2 District. No major changes from the current B-2
District are proposed.
Chapter 72 C-2, Highway Oriented Commercial District
• Detailed performance standards, similar to those for motor vehicle fuel facilities, have been
applied to convenience food establishments, which are allowed as a conditional use in the
C-2 District.
Chapter 73 C-3, General Commercial District
• No major changes from the current B-4 District are proposed.
Chapter 74 CC, Corporate Campus District
• No major changes from the current B-C District are proposed.
Chapter 75 C-CBD, Central Business District Area -Commercial District
• No major changes from the current CBD-C District are proposed.
Chapter 76 C-W, Commercial -Warehousing District
• No major changes from the current B-W District are proposed.
Chapters 77-84 Reserved
Chapter 85 I-CBD, Central Business District Area -Industrial District
• No major changes from the current CBD-I District are proposed.
Chapter 86 I-1, Limited Industrial District
• No major changes from the current I-1 District are proposed.
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• Section 10-4-3.S.3. has been revised to allow for cul-de-sacs up to six hundred feet in
length. This is based on staff review of past cul-de-sac length variances and staff
discussion with the Fire Marshal.
• Section 10-4-6: Storm Drainage includes recommendations from the South Creek Sub-
committee.
• The Sign Ordinance has been updated to incorporate the new zoning district nomenclature
only.
Mayor Zaun stated that it may be beneficial for the City Council to review the Zoning Ordinance
and evaluate its .effectiveness in a couple of years. City Council members agreed to discuss
this possibility at the July 17, 2000 City Council meeting.
There being no further business, the work session was adjourned at 11:05 a.m.
Respectfully submitted,
,~
Ron Mullenbach, Associate Planner
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