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HomeMy WebLinkAboutItem 06.gDecember 21, 2011 Item No. ZONING AND SUBDIVISION ORDINANCE AMENDMENTS JANUARY 3, 2012 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve: an ordinance amending Title 10 (Subdivision Ordinance) and Title 11 (Zoning Ordinance) of the City Code and summary ordinance for publication. Adoption of this motion will result in an amended Zoning Ordinance and Subdivision Ordinance. Overview With the adoption of the 2008 Comprehensive Land Use Plan by the City Council in December of 2008 the next step in the process, as required by state statutes, was to update the City's development regulations, including the Zoning Map, Zoning Ordinance and Subdivision Ordinances. The Planning Commission at their April 22, 2010 meeting unanimously recommended approval of the amendments and the City Council adopted the updates on May 17, 2010. Over the past 17 months while using the new ordinances, City staff has identified sections of the Zoning and Subdivision Ordinances that need to be revised to clarify the intent of the regulations to make the ordinances more efficient, easier to use and interpret by the public. The City also received input from community stakeholders including developers, brokers and property owners requesting clarification of specific sections of the Zoning Ordinance or Subdivision Ordinance. In addition, the City held a Development Forum and conducted a Development Survey that garnered additional feedback from home builders, developer's and property owners as to possible modifications of the City's development regulations to streamline the review process and make the regulations more user friendly. The Planning Commission reviewed the list of possible amendments to the Zoning Ordinance and Subdivision Ordinance at their November 17, 2011 work sessions. Staff indicated the review and adoption of the list of possible amendments would be broken into several phases allowing for the less technical changes to be completed quickly and the other items, which will require more time for additional analysis or require City policy changes, to be considered by Planning Commission and City Council in future phases. At their December 15, 2011 meeting the Planning Commission held a public hearing to review the Phase One amendments to the Zoning Ordinance and Subdivision Ordinance. There was no public input. The Planning Commission unanimously recommended approval of the amendments to the Zoning and Subdivision Ordinances as amended. Primary Issues to Consider None. Supporting Information • Ordinances Amending Title 10, Subdivision Ordinance and Title 11, Zoning Ordinance • Summary Ordinance for Titles 10 and 11 • December 15, 2011 Draft Planning Commission Meeting Minutes • December 2, 2011 TPC Planning Commission Memo and Redlined Ordinance Changes Ilyn`Kuennen, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: AN ORDINANCE AMENDING TITLE 10 (THE SUBDIVISION ORDINANCE) AND TITLE 11 (THE ZONING ORDINANCE), OF THE LAKEVILLE CITY CODE This ordinance amends the City's subdivision and zoning ordinances. Amendments have been made to the following: ATTEST: Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA Title 10 (the Subdivision Ordinance) Chapter 2 -2 (Preliminary Plats) Chapter 2 -3 (Final Plats) Chapter 3 -4 (Certification) Title 11 (the Zoning Ordinance) Chapter 17 -21 (Minimum Lot Area) Chapter 21 -9 (Required Screening and Landscaping) Chapter 23 -15 (General Sign Regulations) Chapter 72 -7 (CUPs in the C -2 District) Chapter 73 -7 (CUPs in the C -3 District) Chapter 75 -13 (Design and Performance Standards in the O -P District) Chapter 102 -9 (Shoreland Classifications) A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 3rd day of January, 2012. CITY OF LAKEVILLE BY: Mark Bellows, Mayor ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING THE TITLE 10 (SUBDIVISION ORDINANCE) OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 10- 2 -2.D.6 of the City Code is hereby amended to read as follows: 6. If the preliminary plat is approved by the city council, the subdivider must submit the final plat within one (1) year after the approval or approval of the preliminary plat shall be considered void, unless: a. A request for time extension is submitted in writing to the zoning administrator prior to the expiration of the one (1) year period. b. A request for an additional one (1) year extension not to exceed two (2) years from the date of preliminary plat approval may be approved by the zoning administrator. c. Requests for an extension beyond two (2) years from the date of preliminary plat approval shall be subject to approval by the city council. Section 2. Section 10 -2 -3.B of the City Code is hereby amended to read as follows: B. Zoning Administrator Recommendation: 1. Five (5) copies of the final plat including all information outlined in section 10 -3 -3 of this title shall be submitted to the zoning administrator. 2. The zoning administrator shall examine the final plat and prepare a recommendation as to approval, disapproval or any delay in decision of the final plat, which recommendation shall be conveyed to the subdivider prior to review by the city council. 3. The zoning administrator shall refer the final plat to the planning commission for review if the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolved. Section 3. Section 10 -2 -3.0 of the City Code is hereby amended to read as follows: C. Approval Of The City Council: 1. The final plat, together with the recommendations of the planning commission (when applicable) and the zoning administrator shall be submitted to the city council for approval. 2. The city council may refer the final plat to the planning commission for review if the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolved. 3. If accepted, the final plat shall be approved by resolution, providing for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the city council. 4. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval within ten (10) days of the city council's action. Section 4. Section 10 -3 -4.0 of the City Code is hereby amended to read as follows: C. Space for certificates of approval and review to be filled in by the signatures of the mayor and city clerk. 2 Section 5. This ordinance shall be in full force and effect upon its passage and publication according to law. ADOPTED by the City Council of the City of Lakeville, Minnesota, this day of , 2012. ATTEST: The form of approval of the city council is as follows: Charlene Friedges, City Clerk This day of , 20 . Signed: Mayor Attest: City Clerk CITY OF LAKEVILLE BY: 3 Mark Bellows, Mayor ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING THE TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11- 17 -21.A of the City Code is hereby amended to read as follows: A. Lots Of Record And Preliminary Platted Lots Having Legal Standing On January 1, 1994: Except as may be otherwise required by this title, the area of a lot shall be measured as the area of a horizontal plane within the lot lines. Section 2. Section 11- 17 -21.B of the City Code is hereby amended to read as follows: B. Lots Of Record Established After January 1, 1994: Except as may be otherwise allowed by this title, the area of a lot shall be measured as the area of a horizontal plane within the lot lines excluding "major drainageways ", as defined by the water resources management plan, wetlands, water bodies, road rights of way, required buffer strips, regional utility /pipeline easements, and slopes steeper than three to one (3:1). Section 3. Section 11- 21 -9.0 -1 of the City Code is hereby amended to read as follows: 1. Minimum Size: All plants must at least equal the following minimum size in conformance with American Nursery Association standards: Shade trees Ornamental trees (flowering crabs, hawthorn serviceberry, etc.) Coniferous evergreen trees ' ;8 feet Low shrubs: Deciduous ; Coniferous evergreen Spreading coniferous evergreen K. Reserved. 2 Balled And Burlapped /Container 2 1 / 2 inch diameter 2 inch diameter 6 - 7 foot, clump form Tall shrubs and hedge material (evergreen 3 - 4 feet or deciduous) 18 - 24 inch ; 18 - 24 inch ;18 - 24 inch spread Section 4. Section 11- 23 -15.K of the City Code is hereby amended to read as follows: Section 5. Section 11- 72- 7.H.11 of the City Code is hereby amended to read as follows: 11. Signs: All signs and informational or visual communication devices shall be minimized and shall be in compliance with chapter 23 of this title and the following provisions: 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 counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be 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 signs per drive through lane 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 menu sign(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 sign provides information to the drive through patrons only and does not provide supplemental advertising to pass -by- traffic and does not impair site visibility or obstruct circulation. Section 6. Section 11- 73- 7.H.11 of the City Code is hereby amended to read as follows: 11. Signs: All signs and informational or visual communication devices shall be minimized and shall be in compliance with chapter 23 of this title and the following provisions: 3 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 counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be 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 signs per drive through lane 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 menu sign(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 sign provides information to the drive through patrons only and does not provide supplemental advertising to pass -by- traffic and does not impair site visibility or obstruct circulation. Section 7. Section 11- 75- 13.E.1 of the City Code is hereby amended to read as follows: 1. The parking area shall be set back a minimum of ten feet (10') from any property line except as required by Section 11- 21 -9.A.1 of this Title. Section 8. Section 11- 102 -9.B.1 of the City Code is hereby amended to read as follows: 1. Lakes: Name Lake Marion Orchard Lake DNR ID# � 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 i 19 -32 ;Natural environment (NE) Unnamed Lake Section 9. This ordinance shall be in full force and effect upon its passage and publication according to law. ADOPTED by the City Council of the City of Lakeville, Minnesota, this day of , 2012. ATTEST: Charlene Friedges, City Clerk r 19 -26 Refer to subsection C of this section 983.1 19 -31 Recreational development (RD) 1 977.6 70 -1101 'Natural environment (NE) 70 -1102 CITY OF LAKEVILLE BY: 5 Classification Mark Bellows, Mayor OHWL 990.0 972.0 1 971.5 J. son commented that access to that medical clinic will be reviewed with Dak• . County staff as part of the public improvement design process. • How wi the public find out about the improvement projects? Mr. Feller explained ' ' . t the full CIP will be presented at the December 19th City Council meetin and it will be posted on the City's website. • Explain the propo • d widening of Dodd Boulevard between 183rd Street and Hayes Avenue. Mr. .hnson indicated that this improvement project will result in four lanes of tr fic on Dodd Boulevard between 185th Street and Hayes Avenue. He stated . at the widening of Dodd Boulevard between Hayes Avenue and Cedar Ave e would be completed in conjunction with future land development. • On which side of Dodd Boulevard wi he proposed trail from County Road 50 to approximately 208th Street be loca d? Mr. Johnson explained that preliminary plans identify that trail will be lo.. ted on the west side of Dodd Boulevard and will connect to the existing trail t . t connects downtown and Antlers Park. 11.57 Motion was made and seconded to recommend to City Counc '. adoption of the 2012 -2016 Capital Improvement Plan as presented, which is consisten with the 2008 Comprehensive Plan. Ayes: Blee, Grenz, Drotning, Boerschel, Maguire, Lillehei, Davis. Nays: 0 ITEM 8. CITY OF LAKEVILLE Planning Commission Meeting December 15, 2011 Page 4 Chair Davis opened the public hearing to consider the request of the City of Lakeville to consider amendments to various chapters in the Subdivision Ordinance and the Zoning Ordinance, as listed on the December 15, 2011 Planning Commission agenda. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen indicated that the Planning Commission is looking at Part 1 of the proposed modifications of the Zoning Ordinance and Subdivision Ordinance, which involve wording clarifications as well as some responses to issues raised at the Development Forum this past summer and do not include policy issues. He stated that additional amendments to the Zoning Ordinance and Subdivision Ordinance, which will require more study and include potential policy items, will be presented in phases at future Planning Commission meetings. 11.58 Motion was made and seconded to close the public hearing at 6:26 p.m. Ayes: Grenz, Drotning, Boerschel, Maguire, Lillehei, Davis, Blee. Nays: 0 Chair Davis congratulated staff for pulling together and identifying those Development Forum concerns that could be processed more quickly. The development community will appreciate this effort. Chair Davis asked for comments from the Planning Commission. Discussion points were: • It was recommended that Section 10- 2 -3.B.3 of the Subdivision Ordinance be amended to read, "The Zoning Administrator may shall refer the final plat to the Planning Commission..." 11.59 Motion was made and seconded to recommend to City Council approval of the proposed Subdivision Ordinance and Zoning Ordinance amendments, as amended. Ayes: Drotning, Boerschel, Maguire, Lillehei, Davis, Blee, Grenz. Nays: 0 There being no further business, the meeting was adjourned at 6:29 p.m. Respectfully submitted, Penny Brevig, Recording Secretary ATTEST: Bart Davis, Chair Planning Commission Meeting December 15, 2011 Page 5 TPC MEMORANDUM 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC @PlanningCo.com TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 2 December 2011 RE: Lakeville — Zoning Ordinance TPC FILE: 135.01 BACKGROUND Comprehensive updates of the Zoning Ordinance and Subdivision Ordinance were adopted by the City Council on 17 May 2010 as required by State Statues to implement the 2008 Comprehensive Land Use Plan. In the subsequent 17 months, City staff has identified sections of the Zoning Ordinance that need to be revised to clarify the intent of the regulations. The City has received input from other stakeholders including developers, brokers and property owners requesting clarification of specific sections of the Zoning Ordinance or Subdivision Ordinance. The City also held a Development Forum and conducted a Development Survey that garnered additional feedback as to possible modifications of the City's development regulations to streamline the review process and make these regulations more user friendly. The Planning Commission reviewed a list of possible amendments to the Zoning Ordinance and Subdivision Ordinance at their 17 November 2011 work session. This memorandum forwards Part 1 of the proposed modifications of the Zoning Ordinance and Subdivision Ordinance, which are more technical in nature and not a matter of policy. Further discussion regarding additional amendments will occur at future Planning Commission meetings or work sessions. Exhibits: A. Draft Ordinance amendment ANALYSIS • State Statues 462.358, Subd. 3.c provides that preliminary plats are valid for one year from the date of approval. Section 10 -2 -2.D of the Subdivision Ordinance is proposed to be amended to extend the requirement for submission of a preliminary plat out to one year consistent with State Statutes. The proposed amendment would thereafter allow an administrative extension of preliminary plat approvals for up to one additional year. Subsequent extensions would require City Council approval. This amendment reflects that more projects are requiring additional time to move to a final plat stage given current market conditions and allowing for initial extensions to be processed administratively will better facilitate this process. • Final plat applications are not required by State Statute to be reviewed by the Planning Commission. By design, final plat applications are intended to be technical reviews that the request is consistent with the entitlements granted with the preliminary plat, that the detailed construction level plans conform with City requirements and that any conditions of preliminary plat approval have been satisfied. Section 10 -2.3.B is proposed to be amended to not require Planning Commission review of final plat applications unless the Zoning Administrator or City Council determines circumstances warrant. • As the Planning Commission is not required to approve the final plat, the signature of the Planning Commission chair and secretary is not required on the documents. Section 10 -3 -4.0 is proposed to be amended to remove their signature lines from final plats. • Section 11- 17.21.A and B of the Zoning Ordinance is to be clarified to state that the area of a lot established before January 1, 1994 is measured based on the area of a horizontal plane within the lot lines. The current wording had been moved from the definition section of the Zoning Ordinance and seemed to be incomplete without the added language. • Section 11- 21 -9.C.1 of the Zoning Ordinance is amended to remove the note regarding bare root trees as such plantings are only appropriate as seedlings within stormwater basins and would not apply to the intent of the regulations of this Section. • Section 11- 23 -15.K of the Zoning Ordinance is proposed to be amended to eliminate the licensing requirement for off - premises signs. The licensing requirement in not needed as the Zoning Ordinance adequately addresses existing signs as permitted principal uses subject to performance standards and prohibits new signs. As the remaining provisions of this section mirror Section 11- 23 -15.W of the Zoning Ordinance, this section is to be "reserved ". 2 • Sections 11- 72- 7.H.11 and 11- 73.7.H.11 of the Zoning Ordinance are proposed to be amended to include language previously added in 2004 (but removed with the 2010 update) regarding signage for convenience food uses, including exterior menu boards. • Section 11- 75- 13.E.1 of the Zoning Ordinance establishes a minimum parking setback of 10 feet for uses in the O -P District. However, Section 11- 21 -9.A.1 of the Zoning Ordinance establishes a minimum landscape buffer of 20 feet when the parking areas abut a residential district. A cross reference to this requirement is proposed to be added to Section 11- 75.12.E.1 of the Zoning Ordinance. ■ The DNR has provided the City data on the Ordinary High Water Levels for Horseshoe Lake and an unnamed lake, which is proposed to be included in the table in Section 11- 102 -9.B.1 of the Zoning Ordinance. CONCLUSION The Planning Commission will consider the proposed amendments at a public hearing to be held on 15 December 2011. City staff and our office recommend approval of the proposed amendments in the form attached hereto. 3 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING THE TITLE 10 (SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 10- 2 -2.D.6 of the City Code is hereby amended to read as follows: 6. If the preliminary plat is approved by the city council, the subdivider must submit the final plat within one hundred (100) days (1) year after the approval or approval of the preliminary plat shall be considered void, unless: a. A request for time extension is submitted in writing and approvcd by thc City Council to the zoning administrator prior to the expiration of the one (1) year period. b. A request for an additional one (1) year extension not to exceed two (2) years from the date of preliminary plat approval may be approved by the zoning administrator. c. Requests for an extension beyond two (2) years from the date of preliminary plat approval shall be subject to approval by the city council. Section 2. Section 10 -2 -3.B of the City Code is hereby amended to read as follows: B. Approval of thc Planning Commiccion Zoning Administrator Recommendation: 1. Tcn (10)Five (5) copies of the final plat including all information outlined in section 10- 3 -3 of this title shall be submitted to the zoning administrator --for distribution to the planning commission, city council and appropriate city staff. 2. The City staff zoning administrator shall examine the final plat and prepare a recommendation as to mis:ion. Naturc of approval, disapproval or any delay in decision of the final plat, which recommendation shall be conveyed to the subdivider prior to review by the city council. will be convcycd to thc subdivider aftcr thc mccting of thc icsion at which Such plat was 3. The zoning administrator shall refer the final plat to the planning commission for review if the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolved. Section 3. Section 10 -2 -3.0 of the City Code is hereby amended to read as follows: C. Approval Of The City Council: Aftcr rcvicw of thc final plat by thc planning commission, such 1. The final plat, together with the recommendations of the planning commission (when applicable) and the City staff zoning administrator shall be submitted to the city council for approval. 2. The city council may refer the final plat to the planning commission for review if the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolved. 3. If accepted, the final plat shall be approved by resolution, providing for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the city council. 2 4. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval within ten (10) days of the city council's action. Section 3. Section 10 -3 -4.0 of the City Code is hereby amended to read as follows: C. Space for certificates of approval and review to be filled in by the signatures of thc chair of thc city the mayor and city clerk. The followo: This day of , 20_. &igncd: Chair Attcct: The form of approval of the city council is as follows: This day of , 20_. Signed: Mayor Attest: City Clerk Section 5. Section 11- 17 -21.A of the City Code is hereby amended to read as follows: A. Lots Of Record And Preliminary Platted Lots Having Legal Standing On January 1, 1994: Except as may be otherwise required by this title, the area of a lot shall be measured as the area of a horizontal plane within the lot lines. 3 Section 6. Section 11- 17 -21.B of the City Code is hereby amended to read as follows: B. Lots Of Record Established After January 1, 1994: Except as may be otherwise allowed by this title, the area of a lot shall be measured as the area of a horizontal plane within the lot lines excluding "major drainageways ", as defined by the water resources management plan, wetlands, water bodies, road rights of way, required buffer strips, regional utility /pipeline easements, and slopes steeper than three to one (3:1). Section 7. Section 11- 21 -9.0 -1 of the City Code is hereby amended to read as follows: 1. Minimum Size: All plants must at least equal the following minimum size in conformance with American Nursery Association standards: MINIMUM SIZE Shade trees 1 2 / inch diameter Ornamental trees (flowering crabs, hawthorn serviceberry, etc.) Coniferous evergreen trees Tall shrubs and hedge material (evergreen or deciduous) Low shrubs: 1 Deciduous [Coniferous evergreen !Spreading coniferous evergreen 4 Balled And Burlapped /Container ;2 inch diameter ;6 - 7 foot, clump form 8 feet :3 - 4 feet ; 18 - 24 inch 118 - 24 inch spread Notc: 1. If cizc rcquircmcnts arc mct, barc root plant matcrial may bc substitutcd. Typc and modc arc dcpcndcnt upon c acon, availability, and sito climatc, groundwatcr, manmadc irrigation, grading, ctc.). conditions (coils, Section 8. Section 11- 23 -15.K of the City Code is hereby amended to read as follows: K. Off Prcmiccc Cignc:l. Off prcmiccs signs arc a cignc must bc rcmovcd as a condition of construction cc upon thc property or platting or subdivision approval for thc land on which it is locatcdReserved. Section 9. Section 11- 72- 7.H.11 of the City Code is hereby amended to read as follows: 11. Signs: All signs and informational or visual communication devices shall be minimized and shall be in compliance with chapter 23 of this title and the following provisions: 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 counted toward the sign area. 5 The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be 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 signs per drive through lane 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 menu sign(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 sign provides information to the drive through patrons only and does not provide supplemental advertising to pass -by- traffic and does not impair site visibility or obstruct circulation. Section 10. Section 11- 73- 7.H.11 of the City Code is hereby amended to read as follows: 11. Signs: All signs and informational or visual communication devices shall be minimized and shall be in compliance with chapter 23 of this title and the following provisions: 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: 6 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 counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be 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 signs per drive through lane 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 menu sign(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 sign provides information to the drive through patrons only and does not provide supplemental advertising to pass -by- traffic and does not impair site visibility or obstruct circulation. Section 11. Section 11- 75- 13.E.1 of the City Code is hereby amended to read as follows: 7 Section 12. Section 11- 102 -9.B.1 of the City Code is hereby amended to read as follows: Name Lake Marion Orchard Lake Crystal Lake Lake Kingsley Lee Lake Horseshoe Lake Unnamed Lake Section 13. This ordinance shall be in full force and effect upon its passage and publication according to law. ADOPTED by the City Council of the City of Lakeville, Minnesota, this day of , 2012. ATTEST: 1. The parking area shall be set back a minimum of ten feet (10') from any property line except as required by Section 11- 21 -9.A.1 of this Title. 1. Lakes: DNR ID# 19 -31 19 -27 19 -30 19 -29 19 -32 Charlene Friedges, City Clerk BY: 8 Classification OHWL 19 -26 .Refer to subsection C of this section i 983.1 Recreational development (RD) F 'Recreational development (RD) Natural environment (NE) Recreational development (RD) Natural environment (NE) i CITY OF LAKEVILLE Mark Bellows, Mayor 977.6 934.5 980.9 948.5 990.0 70 -1101 'Natural environment (NE) 972.0 70 -1102 ' 971.5