HomeMy WebLinkAboutItem 06.fFebruary 2, 2011 Item No.
FEBRUARY 7, 2011 CITY COUNCIL MEETING
ZONING ORDINANCE AMENDMENT CONCERNING
THE SHORELAND OVERLAY DISTRICT
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending Title
11, Chapter 102, Sections 9 and 13 of the City Code concerning the Shoreland Overlay District.
Passage of this motion will correct two shoreland overlay district provisions and will allow certain
development projects to proceed.
Overview
Section 1 of the Zoning Ordinance amendment modifies the Ordinary High Water Level (OHWL) for
Lake Kingsley from 978.5 to 980.9 as directed by the Minnesota Department of Natural Resources
(DNR). Section 2 of the Zoning Ordinance amendment corrects an exception to the side yard
setback requirement for Tots abutting a lake that was inadvertently removed from the Shoreland
Overlay District with the Zoning Ordinance Update approved on May 17, 2010.
The Planning Commission held a public hearing on the Zoning Ordinance amendment at their
January 20, 2011 meeting and unanimously recommended approval. There was no public
comment. Planning Department staff recommends approval of the Zoning Ordinance amendment
as presented.
Primary Issues to Consider
Why is staff recommending approval of the Zoning Ordinance amendment at this time? The
adjustment of the OHWL for Lake Kingsley is being processed in advance of Planning Commission
and City Council consideration of planning applications for the Kingsley Shores senior housing
development east of the Charthouse Restaurant. The exception to the side yard setback
requirement for lots abutting a lake is being processed in response to a homeowner on Lake
Marion considering an addition onto their existing home that would not be possible without the side
yard setback exception.
Supporting Information
• Ordinance amending Title 11 of the City Code
• January 20, 2011 draft Planning Commission meeting minutes
January 14, 2011 planning report
Daryl
rey, PI
ng Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
Name
DNR ID#
Classification
OHWL
Lake Marion
19 -26
Refer to subsection C of this
section
983.1
Orchard Lake
19 -31
Recreational development (RD)
977.6
Crystal Lake
19 -27
Recreational development (RD)
934.5
Lake Kingsley
19 -30
Natural environment (NE)
980.9
Lee Lake
19 -29
Recreational development (RD)
948.5
Horseshoe Lake
19 -32
Natural environment (NE)
--
Unnamed Lake
70 -11
Natural environment (NE)
--
AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE) OF THE
LAKEVILLE CITY CODE, CHAPTER 102, SECTIONS 9 AND 13 CONCERNING THE
ORDINARY HIGH WATER LEVEL (OHWL) FOR LAKE KINGSLEY AND THE
REQUIRED SIDE YARD SETBACK FOR PROPERTY ABUTTING A LAKE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 11- 102 -9.B.1 of the Lakeville City Code is amended to
change the Ordinary High Water Level (OHWL) for Lake Kingsley to 980.9 as shown in
the chart below:
1. Lakes:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
Section 2. Section 11- 102 -13.D of the Lakeville City Code is amended to add
the following:
3. The required side yard setback on all lots of record platted prior to
January 18, 1980 is ten feet (10').
Section 3. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this 7 day of
February, 2011.
ATTEST
BY:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
2
ITEM 5. CITY OF LAKEVILLE
Chair Davis opened the public hearing to consider an amendment to Title 11 (the
Zoning Ordinance), Chapter 102, Sections 9 and 13 of the Lakeville City Code
concerning the ordinary high water level (OHWL) for Lake Kingsley and the
required side yard setback for property abutting a lake. The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Planning Director Daryl Morey presented an overview of the planning report. Mr.
Morey indicated that the Zoning Ordinance amendment has been forwarded to
DNR staff as required by State Statute and they have indicated no opposition to the
amendment. Mr. Morey stated that Planning Department staff recommends
approval of the amendment as presented.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.-
Planning Commission Meeting
January 20, 2011
Page 2
11.01 Motion was made and seconded to close the public hearing at 6:08 p.m.
Ayes: Maguire, Lillehei, Davis, Adler, Grenz, Drotning.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Commissioner Grenz commented that there is no Ordinary High Water
Level listed for Horseshoe Lake and Unnamed Lake. He asked what staff
would tell a resident that wants to build on property abutting one of these
lakes. Mr. Morey stated that Planning Department staff will contact the
DNR regarding this' question and report back to the Planning Commission at
a future meeting. He stated the DNR determines the OHWL for the lakes
identified in the Shoreland Overlay District, which are all greater than 10
acres in size.
• Commissioner Drotning expressed his appreciation to staff for identifying
this problem and moving forward to get it fixed.
11.02 Motion was made and seconded to recommend to City Council approval of an
amendment to Title 11 (the Zoning Ordinance), Chapter 102, Sections 9 and 13 of
the Lakeville City Code concerning the ordinary high water level (OHWL) for Lake
Kingsley and the required side yard setback for property abutting a lake as
presented.
Ayes: Lillehei, Davis, Adler, Grenz, Drotning, Maguire.
Nays: 0
TEM 8. ELECTION OF 2011 PLANNING COMMISSION OFFICERS
Co issioner Drotning commented that he felt the officers from last year did a
fine jo. - d would like to elect them again for the year 2011.
11.03 Motion was ade and seconded to nominate Commissioner Davis to the office of
Chair for the y- - 2011, subject to the confirmation of the City Council; to nominate
Commissioner L hei to the office of Vice Chair for the year 2011; to nominate
Commissioner Adle to the office of Secretary for the year 2011, and to close
nominations.
Ayes: Davis, Adler, Grenz, rotning, Maguire, Lillehei.
Nays: 0
There being no further business, the »-eting was adjourned at 6:15 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary 2/03/11
ATTEST:
Bart Davis, Chair 2/03/11
Planning Commission Meeting
January 20, 2011.
Page 3
Memorandum
City of Lakeville
Planning Department
To: Planning Commission
From: Daryl Morey, Planning Director
Date: January 14, 2011
Subject: Packet Material for the January 20, 2011 Planning Commission Meeting
Agenda Item: Zoning Ordinance Amendment Concerning the Shoreland Overlay
District
Attached is a draft ordinance amending two sections of Chapter 102, Shoreland Overlay
District, of the Zoning Ordinance. Section 1 of the amendment modifies the Ordinary High
Water Level (OHWL) for Lake Kingsley as directed by the Minnesota Department of Natural
Resources (DNR) during their comments on the development of land east of the Charthouse
Restaurant. The Shoreland Overlay District identifies a 978.5 OHWL for Lake Kingsley.
This OHWL was established in 1977. Based upon the construction of an outlet for Lake
Kingsley in the mid- 1990s, the DNR has concluded that the original 978.5 OHWL is no
longer accurate. The Lake Kingsley outlet structure elevation is 981.0. The DNR has
established the new OHWL for Lake Kingsley at 980.9. This amendment implements the
DNR's revised OHWL in advance of Planning Commission and City Council consideration of
preliminary and final plat applications for a senior housing development on the property east
of the Charthouse Restaurant.
Section 2 of the amendment corrects an exception to the side yard setback requirement for
Tots abutting a lake. This exception was inadvertently removed from the Shoreland Overlay
District with the Zoning Ordinance Update approved on May 17, 2010. The language that
was removed allows a 10 foot side yard setback for lots of record platted prior to January
18,' 1980. A 20 foot side yard setback is required for all other Lakeshore lots. The 10 foot
side yard setback exception was established in 1987 due to the fact that most of the lots on
Lake Marion and Orchard Lake were platted in the early -1900s and are very narrow.
Without the side yard setback exception, these older narrow Tots would be unbuildable. This
issue was brought to planning staffs attention when responding to a homeowner on Lake
Marion that is considering adding onto their existing home. The home addition is not
possible without re- establishing the side yard setback exception.
Planning staff has forwarded the public hearing notice for the Zoning Ordinance amendment
to DNR staff as required by State Statute. DNR staff have indicated no opposition to the
amendment. Planning staff recommends approval of the Zoning Ordinance amendment as
presented.
( plancomm- zoningordinanceamendment)