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Council MemoCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 24, 2017 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby Johnson_ Labadie Siakel Sundberg 2. CONSENT AGENDA — Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of July 10, 2017 B. City Council Regular Meeting Minutes of July 10, 2017 C. Approval of the Verified Claims List D. Approve an amendment to the Minnetonka Country Club 2nd Addition PUD Development Agreement E. Authorize Expenditure of Funds, Public Works Equipment - Cab and Chassis, Snow Plows, and Components F. Franchise agreement update 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report on 07-11-17 Park Tours 7. PLANNING A. Report by Chair Maddy on 07-18-17 Planning Commission Meeting Attachments Minutes Minutes Claims List Planning Director's Memo Amended Agreement Resolution Public Work Director's Memo City Administrator's Memo B. Zoning Ordinance amendment for accessory structures; Planning Director memo CITY COUNCIL REGULAR MEETING AGENDA — July 24, 2017 Page 2 regulations applicable to shoreline property; and definitions. Ordinance C. Parking Regulations 8. ENGINEERING/PUBLIC WORKS Planning Director memo Ordinance A. Accept Plans and Specifications and Authorize Advertisement for Bids for 2017 Pavement Reclamation Project Engineer memo Resolution 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Interim Finance Director memo B. Mayor and City Council 11. ADJOURN #7B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Zoning Code Amendment — Accessory Structures and Shoreline Property Regulations Meeting Date: July 24, 2017 Prepared by: Marie Darling, Planning Director Reviewed by: Greg Lerud, City Administrator and Tim Keane, City Attorney Attachments: Planning Commission Memorandum, dated July 18, 2017 Ordinance Summary Publication Ordinance Policy Consideration: Should the Shorewood Zoning Code be amended to clarify the requirements for accessory structures and shoreline properties (related to docks)? Background: See attached staff report for background. At their July 24, 2017 meeting, the Planning Commission held a public hearing and voted unanimously to recommend its adoption, subject to three changes to the ordinance, as identified below. No one from the public requested to speak. The City Attorney has reviewed, and agrees with the amendment. Planning Commission Changes: The Planning Commission made three recommendations to change the language of the proposed code. These changes are included in the attached ordinance and summarized below. Definition of Accessory Building, Structure, or Use: The Planning Commission recommended that the examples of accessory buildings and structures be separated into two sentences instead of listing them together as staff originally proposed. The Planning Commission suggested listing docks with accessory structures, however, staff note that docks, decks and patios are all common features on a lot and similar in appearance and function and all meet the definition of building. Consequently, docks are included with examples of buildings, rather than structures. Height Limit: The Planning Commission recommended that the language be changed to apply to detached buildings only, not attached garages. Staff have not applied the height limit to attached garages previously. Limit on Number: Accessory buildings are limited to three on each residential property. The Planning Commission recommended excluding docks from the three allowed buildings as they concluded docks were never meant to be included in the limit of three buildings. Financial or Budget Considerations: NA Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Options: Adopt the draft code amendment; modify the amendment; or take no action. If the Council adopts an ordinance, the City Council should consider adopting the summary ordinance for publication (with a separate motion). Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation. This is considered to be a "housekeeping measure" to clarify the City's regulations. Next Steps and Timelines: Once adopted, the amendment will be published in the official newspaper. Once published, it becomes effective. Connection to Vision / Mission: Zoning contributes to a healthy environment and provision of quality public services. CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952-960-7900 Fax: 952-474-0128 • www.ci.shorewood.mmus • cityha11@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling MEETING DATE: July 18, 2017 RE: Zoning Ordinance Text Amendment —Accessory Structures, Shoreline Property Regulations and Definitions FILE NO.: Zoning Ordinance (Sections 1201.02 and 1201.03) Staff will be forwarding a series of zoning ordinance amendments to update and clarify the zoning regulations. This first set of amendments is for accessory buildings, structures and uses; regulations applicable to shoreline property; and definitions. Accessory Structures Shorewood's ordinances were written to prohibit accessory buildings and structures on a residential property until and unless a principal dwelling was constructed. The amended language is intended to further enhance the regulations to implement the city's intent. The section has also been amended to remove the language in the code that allows accessory buildings to be considered part of the principal building when connected to the principal building by a covered walkway. Staff finds that allowing a covered walkway to connect two buildings is in conflict with Section 1201.03 Subd. 7 b. (2) (a) which requires that single-family dwellings be constructed upon a continuous perimeter foundation, or it could encourage attempts to connect unanticipated uses to the principal dwelling, such as, but not limited to, accessory apartments. Staff also altered the height restriction for accessory structures to apply to buildings rather than all structures. Some structures like flag poles, light poles, etc. are allowed to be taller than 15 feet elsewhere in other sections of the zoning ordinance. Regulations Applicable to Shoreline Property Additionally, residential docks were originally meant to be permitted only when constructed on lots with a home, not for vacant properties, and only to be used by the property owners that live on the premises. Page 2 Consequently, staff propose to revise/remove the language from the ordinance that does not implement the intent of the ordinance. Definitions Staff are altering the definitions of accessory buildings to include both structures and buildings. The definitions for structures and buildings in the zoning ordinance are slightly different and staff wants to avoid the perception that structures like fences and light poles are not included in the regulations. Also, staff notice that there is no definition of semi-public although the term is mentioned eight times in the zoning/subdivision regulations, usually pertaining to signs, utilities, and recreation/community buildings. The definition provided is consistent with each mention of the term throughout the regulations. ATTACHMENTS: Draft Ordinance CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO ACCESSORY BUILDINGS, STRUCTURES AND USES AND REGULATIONS APPLICABLE TO SHORELINE PROPERTY FOR THE CITY OF SHOREWOOD Section 1. City Code Section 1201.02 is hereby amended to amend the following definitions: ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure, or use, whether attached or detached, that is located upon the same lot on which the principal sir -building or use is situated and which is reasonably necessary, and appropriate and incidental to the conduct of the primary use of the principal building or amain -use. Accessory buildings typically include (but are not limited to) garages, sheds, storage or workshop areas, treehouses, docks, gazebos, and the like. Accessory structures typically include but are not limited to) lights/light poles, fences, mailboxes, and the like. SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service available to the public. Section 2. City Code Section 1201.03 Subd. 2. is hereby amended as follows: Subd. 2. General building and performance requirements. d. Accessory buildings, structures, uses and equipment. (1) building if it is eonneeted to the pr-ineipal building by a eovefed passageway No detached accessory building or structure shall be allowed on any lot without a principal building to which it is accessory. (2) No detached Aaccessoryes­-building shall exceed 15 feet or one story in height. (3) Accessory buildings and structures shall be constructed within the buildable area of the lots as defined in § 1201.02 of this chapter except as provided in subdivision 3c of this section. (4) For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings but excludiny- docks; shall exceed three in number, nor 1,200 square feet in area in the R-1A, R-1B, R-IC, R-2A, R-2B and R-3A Districts, nor 1,000 square feet in area in the R-11), R-2C, R-313 and R-C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply: (a) The total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The City Council may grant an exception for greenhouses, as defined herein, under the following conditions: (i) The lot on which the greenhouse is to be located shall contain a minimum of 80,000 square feet of area_ In no case shall the lot area be reduced to less than 80,000 square feet in area; (ii) Side yard setbacks for the greenhouse shall be double that required for the district in which the property is located; (iii) The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council; (iv) In no case shall the total area of accessory buildings exceed 7% of the minimum lot area for the district in which the property is located. (b) In no case shall the total area of accessory buildings exceed 10% of the minimum lot area for the district in which the property is located. (c) In evaluating the conditional use permit, the city shall take into consideration the location of existing and proposed structures, site drainage and landscaping. (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. (e) Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures, or to exceed 1,000 square feet or 1,200 square feet of accessory floor area, based upon the district in which they are located. Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming, and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constiucted prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property. (5) Subject to the provisions of subdivision (4) above, no permit shall be issued for the construction of more than one private detached garage structure for each detached single-family dwelling, except on the approval of a conditional use permit according to the provisions of § 1201.04 of this chapter. (6) Every detached single-family dwelling unit erected after the effective date hereof shall be so located on the lot so that at least a two car garage, either attached or detached, can be located on the lot. (67) No accessory uses or equipment, such as air conditioning cooling structures or eendenserscondensers, which generate noise may be located in a required side yard setback, except for side yards abutting streets where equipment is fully screened from view. Section 3. City Code Section 1201.03 Subd. 14 is hereby amended as follows: Subd. 14. Regulations applicable to shoreline property. a_ No structure of any kind except docks, stairways and lifts shall be built within the required setback from the ordinary high water level of a meandered lake, as provided in § 1201.26, subdivision 5 of this code. b. Docks and vharves, peffnane} shall not be built, used or occupied on land located within the R Districts not-il-without a principal dwelling has been eeasttueted on the lot or parcel to which it is accessory. The number of docks per lot or parcel of land in the R Districts shall be limited to one, and the same shall be operated, used and maintained solely for the use of the members of the family or families eeetipyipig-residing at the property upon which the dock is located. The dock shall connect to the shoreline at only one location, no wider than four feet, and shall extend into the lake at least eight feet beyond the ordinary high-water mark before branching out to form slips. The width of the dock shall not exceed four feet at any point, except that at one location the dock may be no wider than eight feet for a length of eight feet. The number of restricted watercraft, as defined by the Lake Minnetonka Conservation District (LMCD) that may be docked or moored on a single property is limited to four. The dock owner may exceed four restricted watercraft only by obtaining an annual multiple dock/mooring license from the LMCD and a conditional use permit from the city, which permit shall be subject to the following conditions: (1) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that all boats stored at the dock are owned, registered and operated by the residents of the property on which the dock is located. (2) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that the dock is the minimum size necessary to store the boats owned, registered and operated by the residents of the subject property. (3) Boat canopies shall be limited to the size and number that is required to cover no more than four of the restricted watercraft. (4) The provisions of § 1201.04, subdivision l.d.(1) are considered and satisfactorily met. d. No boat, barge, boathouse or other floating vessel or structure tied or connected to a dock or wharf located within the city limits shall be used as a permanent, temporary or seasonal residence. e. No dock of whar-fi,pefinanent of floating stfuetu -e shall be located or constricted within ten feet of the side lot line of any lot or parcel projected into the lake. f. No dock located within the R Districts shall extend further into the water than reasonably necessary to provide docking space for boats and crafts used by the owner of the dock, and under no circumstance shall a dock create a safety or navigational hazard or block any channel or access to the lake from adjoining lots or parcels. g. Unless specified otherwise in the city zoning code, all docks on all lakes shall comply with the Lake Minnetonka Conservation District Code of Ordinances- h. Seaplane operations shall be subject to Minn. Rules 8800.2800 (Seven - County Metropolitan Region Seaplane Operations), as may be amended, which are adopted herein by reference. Section 4. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF StIOREWOOD this day of 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk (Official Publication) CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE (SUMMARY PUBLICATION) AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO ACCESSORY BUILDINGS, STRUCTURES AND USES AND REGULATIONS APPLICABLE TO SHORELINE PROPERTY FOR THE CITY OF SHOREWOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: CHAPTER 1201 Section 1: Chapter 1201.02 Adding and Amending Definitions Section 2: Chapter 1201.03 Subd. 2 Adding and Amending Regulations for Accessory Buildings, Structures, Uses and Equipment. Section 3: Chapter 1201.03 Subd. 14 Amending Regulations Applicable to Shoreline Properties The amendments in their entirety are available for review in the City Clerk's office. ADOPTED BY THE SHOREWOOD CITY COUNCIL July 24, 2017. S/S Sandie Thone City Clerk