HomeMy WebLinkAboutItem 10March 12, 2015
Item No.
CITY CODE AMENDMENT
MARCH 16, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending
Titles 7,10 and 11 of the City Code and the summary ordinance for publication as presented.
Passage of this motion will establish mining hours of operation, update the Subdivision Ordinance
variance review criteria, and amend the following provisions of the Zoning Ordinance: front yard
definition, setback exceptions, accessory buildings, fences, landscaping, signs, motor fuel facilities,
RS -4 District setbacks, and Shoreland Overlay District setbacks.
Overview
Planning Department staff recommends approval of an ordinance amending Titles 7,10 and 11 of
the City Code. The proposed amendment is the annual review and update of the Zoning and
Subdivision ordinances by the Planning Commission and City staff. The proposed amendment
includes a reduced rear yard setback (20 feet) for elevated decks in the RS -4 District as directed by
the City Council at their January 20th. At the January20th meeting, the City Council tabled action on
a proposed amendment to the Zoning Ordinance concerning deck setback requirements. The
ordinance amending Titles 7, 10 and 11 of the City Code incorporates the deck setback issue of the
January 20' amendment so consideration of the January 20th amendment is no longer necessary.
The Planning Commission held a public hearing on the proposed amendment at their March 511
meeting and unanimously recommended approval. There was public comment from one resident
seeking clarification on the proposed RS -4 District setbacks.
Primary Issues to Consider
• When can City staff approve permits for the reduced deck setback on RS -4 District lots?
Supporting Information
• Staff analysis of primary issues
• Ordinance amending Titles 7,10 and 11 of the City Code and Summary Ordinance
• March 5th draft Planning Commission meeting minutes and February 511 work session minutes
• January 20t' City Council meeting minutes
• March 5th planning report (includes a redlined version of the draft ordinance)
Daryl M rey, PI Ing Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Community Values: Design That Connects the Community
Zoning Ordinance Amendment
March 16, 2015 City Council Meeting
Page 2
Staff Analysis of Primary Issues
When can City staff approve permits for the reduced deck setback on RS -4 District lots?
If the City Council approves the ordinance at their March 161 meeting, the ordinance will become
effective following its publication. The summary for publication will be sent to the official newspaper
(Sun This Week) for publication in their March 20th edition. Therefore, building permits for elevated decks
in the RS -4 District with the reduced (20 foot) rear yard setback could be approved as soon as March 201.
This is one month sooner than the April 201 deadline directed by the City Council at their January 201
meeting.
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 7-4-15.B of the Lakeville City Code (Public Ways
and Property — Excavation and Mining) is hereby amended to read as follows:
B. Extraction and hauling operations and related incidental activities shall be
performed during only those times between 7:OOAM and 10:00PM Monday
through Friday, unless otherwise limited or extended by the City Council as part
of this permit.
Section 2. Section 10-6-2-1 of the Lakeville City Code (Subdivision
Ordinance Variances) is hereby amended to read as follows:
10-6-2-1: FINDINGS:
A. The Planning Commission may recommend, and the City Council may approve a
variance from the minimum standards of this Title (not procedural provisions)
when, in its opinion, undue hardship may result from strict compliance.
B. In recommending any variance, the Planning Commission shall prescribe and the
City Council shall impose any conditions that it deems necessary to or desirable
for the public interest.
C. The Planning Commission shall not recommend and the City Council shall not
approve any variance request unless they find failure to grant the variance will
result in unusual hardship. "Unusual hardship" means that the property owner
proposes to use the property in a reasonable manner not permitted by this title.
Economic considerations alone do not constitute unusual hardship. Unusual
hardship includes, but is not limited to, inadequate access to direct sunlight for
solar energy systems. The following criteria must also be met:
1. That the variance would be consistent with the Comprehensive Plan.
I
2. That the variance would be in harmony with the general purposes and
intent of this Title.
3. That the plight of the landowner is due to circumstances unique to the
property not created by the landowner.
4. That the purpose of the variance is not exclusively economic
considerations.
5. That the granting of the variance will not alter the essential character of
the neighborhood in which the parcel of land is located.
6. That the requested variance is the minimum action required to eliminate
the unusual hardship.
Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definitions:
LOT LINE, FRONT: The lot line separating a lot from the street right of way along the
lot frontage having the least width.
YARD, FRONT: The area extending along the full length of a front lot line between side
lot lines and to the depth required in the yard regulations for the district in which it is
located. In the case of a corner lot abutting one or more streets, both yards shall be
considered front yards unless a specific standard is established by this Title for a side
yard of a corner lot abutting a public right-of-way.
Section 4. Section 11-17-11.A.2.b of the Lakeville City Code (Yards -
Exceptions) is hereby amended to read as follows:
b. For lots of record or preliminary platted lots
established after March 17, 2003: Except as may be
limited within environmental protection districts the
required side yard and rear yard setbacks for terraces,
steps, decks, and stoops that are thirty (30) inches or
less above grade shall be:
(1) Side Yard: Five (5) feet, but not encroaching
more than five (5) feet into the required side
yard adjacent to a public right-of-way.
(2) Rear yard: Ten (10) feet.
2
Section 5. Section 11-18-7.C.2 of the Lakeville City Code (Accessory
Buildings — Setbacks and Encroachments) is hereby amended to read as follows:
2. Detached accessory buildings with a gross floor area of two hundred (200)
square feet or less:
a. Such structures shall be set back at least six feet (6') from any other
building or structure on the same lot and shall not be located within
a required buffer yard or drainage and/or utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of the lot, except in the case
of a side yard of a corner lot abutting a public street.
C. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least five feet (5') from all adjoining lots.
Section 6. Section 11-18-7.C.3 of the Lakeville City Code (Accessory
Buildings — Setbacks and Encroachments) is hereby amended to read as follows:
3. Detached accessory buildings exceeding two hundred (200) square feet in
gross floor area:
a. Such structures shall be set back at least ten feet (10') from any
other building or structure on the same lot, and shall not be located
within a required buffer yard or drainage and/or utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of a lot, except in the case
of a side yard of a corner lot abutting a public street.
C. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least ten feet (10') from all adjoining lots.
Section 7. Section 11-18-9.D.2(a)(2) of the Lakeville City Code
(Accessory Buildings — All Zoning Districts) is hereby amended to read as
follows:
(2) A detached accessory building area of not more
than two hundred (200) square feet is permitted in
addition to the attached garage area provided for by
subsection D2a(1) of this section.
3
Section 8. Section 11-21-5.A of the Lakeville City Code (Fences) is
hereby amended to read as follows:
A. Approval Required: No person except on a farm and related to agricultural uses
shall hereafter construct or cause to be constructed or erected within the city any
fence without first making an application for and securing approval by the zoning
administrator or their designee in accordance with section 11-8-5 of this title for
fences not exceeding seven feet (7') in height, or a building permit for fences
greater than seven feet (7') in height.
Section 9. Section 11-21-7.A of the Lakeville City Code (General
Mandatory Landscaping and Maintenance) is hereby amended to read as
follows:
A. All exposed ground areas, including street boulevards, and areas not devoted to
off street parking, drives, sidewalks, patios or other such improvements shall be
landscaped with grass, shrubs, trees (except in boulevard portions of the public
right of way) or other ornamental landscape materials within one (1) year
following the date of building occupancy, as determined by the certificate of
occupancy.
Section 10. Section 11-23-7 of the Lakeville City Code (Signs — Permit
Not Required) is hereby amended to add the following provision:
H. Window Signs: Window signs not exceeding twenty five percent (25%) of
the total area of the window in which they are displayed.
Section 11. Section 11-23-15.G of the Lakeville City Code (Signs —
Temporary Signs) is hereby amended to read as follows:
G. Temporary Signs: The use of banners, pennants and similar devices for
commercial, industrial and institutional uses shall be subject to the following
provisions:
1. Temporary signs shall require a permit valid for no more than sixty (60)
days during any calendar year.
2. The maximum area of a temporary sign shall be fifty (50) square feet per
sign face, except within the Freeway Corridor District where the
maximum area of a temporary sign shall be one hundred (100) square feet
per sign face.
4
3. Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
Section 12. Section 11-23-15.R.3.a of the Lakeville City Code (Signs —
O -R, C-1, C-2, C-3, C -CBD, and O -P District Multiple Occupancy Buildings) is
hereby amended to read as follows:
a. Within the O -R, C-1, C-2, C-3, C -CBD, and O -P districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one (1) fagade per tenant space except
additional sign(s) may be displayed on a second facade for
the tenant of a corner suite or a suite that extends through
the building thus having two (2) exterior walls.
(2) The tenant's business shall have an exclusive exterior
entrance.
(3) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(4) Each sign and the total area of all signs on a single fagade
for an individual tenant shall be limited to the maximum
wall sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 13. Section 11-23-15.R.3.b of the Lakeville City Code (Signs —
1-1, 1-2 and I -CBD District Multiple Occupancy Buildings) is hereby amended to
read as follows:
b. Within the I-1,1-2 and I -CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one (1) fagade per tenant space except
that additional sign(s) may be displayed on a second facade
for the tenant of a corner suite or a suite that extends
through the building thus having two (2) exterior walls.
(2) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
5
(3) Each sign or the total area of all signs on a single facade for
an individual tenant shall be limited to the maximum wall
sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 14. Section 11-23-17.0 of the Lakeville City Code (Signs —
Prohibited Signs) is hereby amended to read as follows:
O. Signs painted, attached or in any other manner affixed to trees or similar
natural surfaces, or attached to utility poles, bridges, towers, or similar
public structures, or public fences.
Section 15. Section 11-37-3.J.4 of the Lakeville City Code (Motor Fuel
Facilities — Exterior Lighting) is hereby amended to read as follows:
4. Exception: Lighting of entire facades of the principal building shall
only utilize illuminating devices mounted on top and facing
downward onto the structure. Accessory structures, including the
canopy fascia, shall not be illuminated.
Section 16. Section 11-53-13 of the Lakeville City Code (RS -4 District —
Lot Requirements and Setbacks) is hereby amended to read as follows:
11-53-13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RS -4 District subject to
additional requirements, exceptions and modifications set forth in this Title:
Lot area:
' a;
[Comer 10,200 square feet
Interior 8,400 square feet
Lot width:
Corner
F! 85 feet
Interior
P
70 feet
Setbacks:
{ Front yards
20 feet to the principal building; and 25 feet to the garage face
Rear yards 30 feet, except that the setback for any open and uncovered
terraces, steps, decks, and stoops shall be twenty (20) feet.
Side yards 7 feet from the adjacent lot, or 20 feet on the side yard abutting
a public right of way
F.a
Maximum building 40 percent
coverage
Buffer yard Refer to subsection 11-21-9.E of this Title
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Section 17. Section 11-102-13.D.1 of the Lakeville City Code
(Shoreland Overlay District — Minimum Lot Requirements and Setbacks) is
hereby amended to read as follows:
1. Setback requirements from the ordinary high water level shall not apply to
piers and docks. Where development exists on both sides of a proposed
building site, building setbacks may be reduced from the Ordinary High
Water Level to the average setback of the abutting principal buildings to
more closely conform to adjacent building setbacks, provided the
proposed building site is not located in a bluff impact zone and not closer
than fifty (50) feet from the Ordinary High Water Level, whichever is
greater.
Section 18. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this day of _ , 2015, by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
M
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
SUMMARY ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 7 (PUBLIC WAYS AND PROPERTY),
10 (SUBDIVISIONS), AND 11 (ZONING) OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 7, 10 and 11 of the Lakeville City Code. Amendments
have been made to Titles 7, 10 and 11 of the Lakeville City Code concerning gravel mining
hours, subdivision ordinance variances, front yard definition, setback exceptions, accessory
buildings, fences, landscaping, window signs, temporary signs, wall signs, prohibited signs,
motor vehicle fuel facility lighting, RS -4 District setbacks, and shoreland overlay district
setbacks as follows:
Titl_e_7 (Public Ways and Property)
Chapter 4-15 (Excavations and Mining)
Title 10 (Subdivision Ordinance)
Chapter 6-2 (Variances)
Title 11 (Zoning Ordinance)
Chapter 2-3 (Definitions)
Chapter 17-11 (Yards - Exceptions)
Chapter 18-7 and 9 (Accessory Buildings)
Chapter 21-5 (Fences)
Chapter 21-7 (General Mandatory Landscaping and Maintenance)
Chapter 23-7, 15 and 17 (Signs — Window, Temporary, Wall, and Prohibited)
Chapter 37-3 (Motor Vehicle Fuel Facilities — Exterior Lighting)
Chapter 53-13 (RS -4 District Lot Requirements and Setbacks)
Chapter 102-13 (Shoreland Overlay District Minimum Lot and Setback Requirements)
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
16a' day of March, 2015.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, March 5, 2015
0
Page 4
Fj
2. The developer shall uAqit a landscape plan qml cost estimate for the
Eagleview Drive medians.
3. The sidewalks adjacent to �'N
a
(including the north half of th
wide.
4. Outlots E, H and J shall be deeded
5. Outlots A, D and I shall be deede
purposes.
6. Prior to City Council consider ' on
must be revised to increas ' e wig
ew Drive frviv 1601h Street to 162nd Street
is circle, "shall be revised to be eight feet
fi
he
Drive to 36 feet. Eaglevi_ 1. . Drive must b
7. All street sections an duction plans
of the City Engine
8. All grading, dr ' ge an&jarosi6h
approval of t City Engineer.
9. All utility p s ate subject to revje)A
10. The pro ; ed right of =way an&,dr'
be s pprova(W. the SBF
11.T deieloper is req rad to exec
or toCity council apprk�vaof the
for trail purposes.
y for storm water management
minary and final plat, the plans
pdiVided segment of Eagleview
ed as` Wo Parking".
,subject t6eview and approval
oxttrolplays are subj6bk to review and
and approval of the City Eng or.
nage and utility easement vacati�,n shall
)mmercial 2"d Addition final plat. `Y,
a development agreement with the 0
Pal plat. '
s 'Swenson, Lilldhej, Reuvers, Kaluza, Drotning, Maguire.
dlysl o .
6. City,of Lakeville
Chair Lillehei opened the public hearing to consider amendments to various
chapters 4 Title 10 (Subdivision Ordinance) and Title 11 (Zoning Ordinance) of the
Lakeville CityCode.
N
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that the proposed amendments to the Zoning and Subdivision Ordinances are
items that were identified by City staff in the course of on-going, day-to-day
administration of the Zoning and Subdivision Ordinances and the review of
development applications. Mr. Licht explained that the Planning Commission
discussed the proposed amendments at their February 5, 2015 work session and
directed City staff to publish notice of a public hearing to formally consider
amendments to the Zoning and Subdivision Ordinances.
High Density Residential
G
Medium Density Residential
High Density Residential
Multi -Family/
Residential Village
K
Hi h Density Residential
Multi -Family
L
treet
HOA maintained ce,f r island
M
O ' e/Residential Transition
Residential Villa0"`
N
Offic esidential Transition
Residential ViItAje
O
High DNity Residential
Multi -Family-'
2. The developer shall uAqit a landscape plan qml cost estimate for the
Eagleview Drive medians.
3. The sidewalks adjacent to �'N
a
(including the north half of th
wide.
4. Outlots E, H and J shall be deeded
5. Outlots A, D and I shall be deede
purposes.
6. Prior to City Council consider ' on
must be revised to increas ' e wig
ew Drive frviv 1601h Street to 162nd Street
is circle, "shall be revised to be eight feet
fi
he
Drive to 36 feet. Eaglevi_ 1. . Drive must b
7. All street sections an duction plans
of the City Engine
8. All grading, dr ' ge an&jarosi6h
approval of t City Engineer.
9. All utility p s ate subject to revje)A
10. The pro ; ed right of =way an&,dr'
be s pprova(W. the SBF
11.T deieloper is req rad to exec
or toCity council apprk�vaof the
for trail purposes.
y for storm water management
minary and final plat, the plans
pdiVided segment of Eagleview
ed as` Wo Parking".
,subject t6eview and approval
oxttrolplays are subj6bk to review and
and approval of the City Eng or.
nage and utility easement vacati�,n shall
)mmercial 2"d Addition final plat. `Y,
a development agreement with the 0
Pal plat. '
s 'Swenson, Lilldhej, Reuvers, Kaluza, Drotning, Maguire.
dlysl o .
6. City,of Lakeville
Chair Lillehei opened the public hearing to consider amendments to various
chapters 4 Title 10 (Subdivision Ordinance) and Title 11 (Zoning Ordinance) of the
Lakeville CityCode.
N
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that the proposed amendments to the Zoning and Subdivision Ordinances are
items that were identified by City staff in the course of on-going, day-to-day
administration of the Zoning and Subdivision Ordinances and the review of
development applications. Mr. Licht explained that the Planning Commission
discussed the proposed amendments at their February 5, 2015 work session and
directed City staff to publish notice of a public hearing to formally consider
amendments to the Zoning and Subdivision Ordinances.
Planning Commission Meeting Minutes, March 5, 2015 Page 5
Mr. Licht reviewed each of the amendments, which are explained in detail in the
February 25, 2015 planning report. The amendments involved the following: gravel
mining hours, Subdivision Ordinance variances, front yard definition, setback
exception provision for terraces, decks and stoops, accessory buildings, fences,
landscaping, window signs, temporary signs, sign placement, wall signs,
convenience fuel lighting, and Shoreland Overlay District setbacks.
Mr. Licht also reviewed the rear yard setback requirements applicable to decks more
than 30 inches above grade which is in response to the Notice of Appeal filed by the
homeowner at 21444 Hytrail Circle.
Mr. Licht stated that City staff recommends approval of Ahe ,proposed amendments
as presented. z
Chair Lillehei opened the hearing to the public for comment.
Eric Seurer, 21339 Hyalite Drive
Mr. Seurer attended the Planning CommissAQn work session and tonight he was
requesting clarification in regards to the RS -4 District deck setback issue. He asked
if the language covers things s��1 �`a ,freilises, retr dtable shade awnings, etc. that
people install for use with their necks: , Mi. Morey stated that the proposed RS -4
District rear yard setback languages not intended t cover items such as trellises,
pergolas or awnings, it_was to cover�lperrnanentehtiosures such as 3 and 4 season
porches. `
}
Motion was `made by Draining, secorided by Maguire to close the public
hearing at 6:42j0.rn.
Ayes: Ullehei, Rd4s� ee ;sals a, Dr � in' Maguire, Swenson
Naysf 0. _
Chair Lillehei asked for comments from the Planning Commission. Discussion
pofns included:
i
• Commissioner Drotning commented that the City is constantly reviewing and
updating the Zi. ,hg and Subdivision Ordinances. He would like a discussion
of garage sizes to be the first item on the next list of possible amendments.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the amendments to the Zoning and Subdivision Ordinances, as
presented.
Ayes: Reuvers, Kaluza, Drotning, Maguire, Swenson, Lillehei
Nays: 0
Chair Lillehei wanted to recognize Associate Planner Frank Dempsey for his help on
these amendments.
CITY OF LAKEVILLE
PLANNING COMMISSION WORK SESSION MINUTES
February 5, 2015
Chair Lillehei called the work session to order at 6:00 p.m.
Members Present: Chair Brooks Lillehei, Vice Chair Jason Swenson, Karl Drotning,
Pat Kaluza, Linda Maguire, and Paul Reuvers
Members Absent: None
Staff Present: Planning Director Daryl Morey and Daniel Licht, TPC
Others Present: Eric Seurer, 21331 Hyalite Drive and Mark Priore, representing Peter
Weber, 21444 Hytrail Circle
Zoning Ordinance Amendment Discussion
Daniel Licht presented possible amendments to the Zoning and Subdivision ordinances
and City Code as listed in his January 29, 2015 planning memorandum. He stated that
City staff compiles a list of possible ordinance amendments throughout the year for
discussion with the Planning Commission at a work session during the winter.
Planning Commission and public comments/questions:
• Does the proposed increase in size, from 120 square feet to 200 square feet, for
detached accessory buildings that require a building permit count toward the
maximum allowable accessory building area for each zoning district? Staff
confirmed that it does.
• What materials are temporary signs typically made of and where are they
allowed to be located? Staff: Temporary signs are typically made of vinyl and are
only allowed on the walls of commercial and industrial buildings.
• What is the purpose of the proposed clarification to setback requirements in the
Shoreland Overlay District? Staff: The proposed language was modeled after
the City of Prior Lake ordinance, which would be clearer for both staff and the
general public to understand the requirements for lakeshore lots with houses on
either side that are set back less than 75 feet from the Ordinary High Water Level
(OHWL) in the Shoreland Overlay District.
Mr. Priore requested that the RS -4 District rear yard deck setback be reduced to
15 feet.
Planning Commission Work Session Minutes - February 5, 2015 Page 2
• Mr. Seurer stated that a 20 foot rear yard deck setback would work for his
situation.
Mr. Priore stated that if the regulations are meant to preserve rear yard area,
then the impact on the rear yard area would be the same regardless of the
elevation of the deck off the ground. Mr. Licht responded that the impact of a
deck elevated more than 30 inches above grade is greater on the rear yard
privacy of the neighbors than a deck elevated less than 30 inches above grade.
Mr. Priore argued that neighbor privacy is also impacted by the seven foot side
yard setback of the house in the RS -4 District. Mr. Licht stated that staff can
research deck setbacks in the RS -4 District and report back to the Planning
Commission for further discussion as part of the public hearing on the proposed
Zoning Ordinance amendment.
Commissioner Maguire felt that 10:00 p.m. was too late for gravel mining
operations. Mr. Licht stated that the proposed ordinance would not allow
weekend hours for gravel mining operations so it would be more restrictive than
currently allowed by City Code under the nuisance section. Discussion took
place regarding the Midwest Asphalt request in 2013 for 24/7 hours of operation.
Commissioner Lillehei supports adding 8:00 a.m. - 5:00 p.m. Saturday to the
proposed gravel mining hours of operation so the mining operation would be able
to supply road construction projects on the weekends. Commissioners Swenson,
Drotning, Kaluza, and Reuvers agree with the gravel mining days and hours of
operation in the proposed amendment. Commissioners asked if the proposed
amendment will impact any existing gravel mining operations. Mr. Morey stated
that Midwest Asphalt will be the only active gravel mining operation in the city in
2015 and that their days/hours of operation were approved with their interim use
permit (IUP). He stated that he will review Midwest Asphalt's approved IUP
hours of operation and forward that information to the Planning Commission.
The hours of operation approved with the Midwest Asphalt IUP are 7.00 a.m. —
7.00 p.m., Monday - Saturday.
Has there been an issue with signs being placed on fences? Staff: Yes, during
elections and also on the Dakota Heights Park fence at 175th Street and Ipava
Avenue Commissioner Kaluza questioned the reasoning behind the proposed
restriction of signs on fences, especially for political signs. Commissioners
agreed to allow signs on private fences but not on public fences.
The Planning Commission directed staff to set a public hearing for formal consideration
of the proposed amendments as amended per the discussion at tonight's work session.
The work session was adjourned at 7:05 p.m.
City Council Meeting Minutes, January 20, 2015 Page 3
8.
Morey presented the planning report for Kenyon Avenue Retail, which proposes
ial lot and one outlot for future development on 4.58 acres. Lot 1 pr
totaling 12,000 square feet, which would include multi -tenant retail
uses as wed by the C-3, General Commercial District. The developer is re esting a
condition a permit to allow two principal buildings /aeel, ' pervious surface
area greater th 25%and adrive-through convenience t.
Mr. Morey explaine at a 15 -foot roadway easement wd along the south side
of County Road 46. Acc to the site will be off of Kenyhe developer will
construct a right tum lane g Kenyon Avenue, as welnyon Avenue to allow
for left turn lanes into the site.
The Planning Commission recommend modifions to the site plan to create a safer
traffic circulation pattern, particularly forrN
lane and for delivery trucks. Revised plans
traffic pattern for the convenience food clO
!rs exiting the convenience food drive-through
been submitted which offer a less circuitous
%gh customers and to better accommodate
delivery vehicle turning movements.
Mr. Morey explained that the D allows for exce\forwar
25%impervious surface
coverage requirement in the oreland overlay dist'onal use permit due in large
part to the City's good st dship with respect to age and erosion control.
Any planning action n the shoreland overlay ar to the DNR for review
and comment. Th R did not oppose this condrmit.
Motionwas de by Swecker, seconded by Davis to approve the preliminary t of Kenyon
Avenue R ,along with findings of fact and a conditional use permit to allow tOVrincipa
buildKiencne
a single parcel, impervious surface area greater than 25% and a drive- gh
con food establishment.
call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson
Notice of Appeal to Title 11, Chapter 17, Section 11 of the City Code
Mr. Morey requested the City Council affirm staffs interpretation of Title 11, Chapter 17,
Section 11 of the City Code concerning exceptions to the setback requirements for terraces,
steps, decks and stoops. A Notice of Appeal was submitted on behalf of property owner, Pete
Weber, 21444 Hytrail Circle, related to staffs interpretation of this section of the zoning
ordinance concerning setback exceptions for decks. Mr. Morey explained that this section of
the zoning ordinance was established in 2003 and allows a reduced setback for decks that are
30 inches or less above grade. Decks with an elevation greater than 30 inches above grade
must meet the structure setbacks.
City Council Meeting Minutes, January 20, 2015
Page 4
Mr. Morey pointed out that 21444 Hytrail Circle is located in Stone Borough 41h Addition,
which is a re -plat of vacant townhome lots into RS -4 single family lots. Because of the shallow
(100 foot) lot depth and the design and placement of the house, the current setback
requirements do not allow for construction of a substantial deck on the back of the Weber
home.
Council Member Davis stated the RS -4 District is relatively new. He recommended that City
staff and the Planning Commission review the RS -4 lot requirements to determine if changes
need to be made concerning deck setbacks so that these lots fit current market conditions.
Mr. Morey stated he plans to review this matter, along with other potential ordinance
revisions, with the Planning Commission in the upcoming months. If the Planning
Commission directs staff to proceed with an ordinance amendment, a public hearing would
be scheduled and a recommendation forwarded to the City Council as soon as reasonably
possible.
Mark Priore, attorney representing Mr. Weber, pointed out the current wording of the
ordinance and explained why he feels his interpretation is correct.
City Attorney Roger Knutson stated in his opinion staff has made an appropriate
interpretation of the ordinance. He concurred that the ordinance could be made clearer, or
changed, if the Council so chooses.
Council members expressed a desire to amend the setback requirements for the RS -4 lots to
allow for the construction of decks on these homes.
Motion was made by Davis, seconded by Swecker to affirm staffs interpretation of Title 11,
Chapter 17, Section 11 of the City Code concerning exceptions to the setback requirements
for terraces, steps, decks and stoops.
Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, Davis
9. Ordinance Amending Title 11, Chapter 17, Section 11 of the City Code
Motion was made by Davis, seconded by Anderson to table consideration of an ordinance
amending Title 11, Chapter 17, Section 11 of the City Code concerning setback requirements
for terraces, steps, decks and stoops and direct City staff and the Planning Commission to
address the deck setback requirements in the RS -4 District and forward a recommendation to
the City Council for approval no later than April 20, 2015.
City Council Meeting Minutes, January 20, 2015
Roll call was taken on the motion. Ayes - Swecker, Anderson, Davis, Little
10. Unfinished business: None
11. New business: None
12. Announcements: Next regular Council meeting, February 2, 2015
Mayor Little adjourned the meeting at 5:06 p.m.
Respectfully submitted,
"� //,�,
Charlene Friedges, City Jerk
6'04�40---�
Matt Like, Mayo
Page 5
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCTPC@PlanningCo.com
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 5 March 2015
RE: Lakeville — Zoning Ordinance
TPC FILE: 135.01 — 15.01
BACKGROUND
City staff is initiating discussion of possible updates to the Zoning Ordinance,
Subdivision Ordinance and development related sections of the City Code. These
updates are items identified by City staff in the course of on-going, day-to-day
administration of the Zoning Ordinance and development application reviews. The
Planning Commission discussed the proposed update language at a work session on 5
February 2015 and directed City staff to publish notice of a public hearing to formally
consider amendments to the Zoning and Subdivision ordinances.
Exhibits:
A. Draft Ordinance
ANALYSIS
Gravel Mining Hours. In processing a request to allow 24 hour operation of an
existing gravel mine, City staff identified that Section 7-4-15.B of the City Code does not
specify allowed hours of operation but states that hours will be determined by the City
Council. Identifying a specific range of days and hours that a gravel mine is allowed to
operate establishes a more clear expectation for operators and adjacent property
owners and may be more consistently applied to all operations. The draft ordinance
proposes to establish allowed hours of operation for gravel mining as 7:OOAM to
10:OOPM on Monday through Friday. This range of hours is consistent with MPCA
regulations for "daytime" hours. As with other land uses with limits on allowed hours of
operation, the draft language provides that the hours may be either limited or extended
by the City Council in consideration of specific circumstances.
Subdivision Ordinance Variances. The Zoning Ordinance was updated in 2011 to
adopt revised criteria for consideration of variances based on the statutory language of
"practical difficulties". The criteria for variances under the Subdivision Ordinance are
provided in Section 10-6-2-1 of the Subdivision Ordinance and are different than those
established for variance applications from the Zoning Ordinance. Minnesota Statues
462.358, Subd. 6 enables the City to consider variances for subdivisions when
conditions of "unusual hardship" exist. Although the terminology is different between
the two statues, the intent is the same and it would be consistent for the City to utilize
similar criteria in considering applications for variance from the Zoning Ordinance and
Subdivision Ordinance. The draft ordinance would replace the criteria for variance
within the Subdivision Ordinance with the same criteria of the Zoning Ordinance, but
substituting the term "unusual hardship" for "practical difficulties".
Front Yard Definition. The definition of front yard in Section 11-2-2 of the Zoning
Ordinance states that in the case of a corner lot, both yards abutting streets are to be
treated as front yards. However, other sections of the Zoning Ordinance establish
different standards for the side yard of a corner lot abutting a public right-of-way, such
as a lesser setback than required from the front yard. The draft ordinance will clarify
this conflict by stating that both yards are to be treated as front yards except when a
specific standard is established applicable to the side yard of a corner lot abutting a
public right-of-way. The draft amendment also specifically defines the front lot line as
the lot boundary abutting the public right-of-way with the least width.
Setback Exceptions. City staff has previously proposed an amendment to Section 11-
17-11.A.2.b of the Zoning Ordinance to clarify the setback exception provision for
terraces, decks and stoops 30 inches or less above grade due to an appeal that was
filed challenging staff's interpretation of this section of the Zoning Ordinance. The
Planning Commission affirmed City staff's interpretation of this provision of the Zoning
Ordinance and recommended approval of the proposed amendment. The City Council
at their meeting on 20 January 2015 agreed with the Planning Commission and affirmed
City staff's interpretation of the Zoning Ordinance, but directed that the Planning
Commission consider possible exceptions specific to the RS -4 District.
The RS -4 District establishes a minimum lot area of 8,400 square feet and minimum lot
width of 70 feet for interior lots. No minimum lot depth requirement is established, but
the minimum lot area and width requirements suggest a lot depth of 120 feet will be
typical. Based on a minimum front yard setback of 25 feet to the garage face and
minimum 30 foot rear yard setback, the typical building envelope would be 65 feet deep.
Most building pads are commonly designed as 60 feet deep. In comparison, the RS -3
District lot minimum lot area and width requirements provide for a typical 130 foot lot
depth with 30 foot front setback and 30 foot rear setback resulting in a 70 foot deep
building envelope. So as to better accommodate construction of a deck on the rear of
the house, City staff proposes that the RS -4 District setback table in Section 11-53-13
be amended to include an additional 10 feet of area for terraces, steps, decks, and
2
stoops by reducing the rear setback for such structures from 30 feet to 20 feet. If the
terraces, steps, decks or stoops are 30 inches or less above grade, then a rear and side
yard setback reduction would be allowed per the clarified wording in Section 11-17-
11.A.2.b. In the case of decks 30 inches or less above grade, a 10 foot rear yard
setback would be allowed.
Review of the rear yard setback requirements applicable to decks more than 30 inches
above grade is in response to the Notice of Appeal filed by the homeowner at 21444
Hytrail Circle. The lot in question is a re -plat of vacant townhouse lots within the Stone
Borough development approved after construction of the public street. Thus the depth of
the subject site and adjacent lots was fixed prior to the change in land use at
approximately 100 feet, which is shallower than the typical RS -4 District lot dimension.
The existing house with a look out basement is 43.67 feet deep and built at the required
25 foot front setback line, which results in a setback of 31.4 feet from the rear lot line.
Under the existing RS -4 District requirements and provisions of Section 11-17-11.A.2.b
of the Zoning Ordinance, a deck cannot be constructed onto the rear of the house. That
a patio door was located on the rear wall of the house without regard to the rear yard
setback requirement is not relevant. Planning Department staff researched deck
permits issued for RS -4 District lots in the following subdivisions:
■ Donnelly Farm 3rd and 4th additions (a re -plat of vacant attached townhome lots
to RS -4 sized lots)
■ Stone Borough 4th and 5th additions (a re -plat of vacant attached townhome lots
to RS -4 sized lots)
■ Rose Creek (a new RST-2/RS-4 development)
There are a limited number of deck permits that have been issued in these subdivisions
as the RS -4 District was only established in May 2010. Example lot surveys for RS -4
District lots that are 100 to 125 feet deep illustrate rear yards between 33 and 48 feet
deep based on the foundation plans of the houses constructed upon the lots. With the
proposed amendment, these lots would have the option to construct a 10+ foot wide
deck that is more than 30 inches above grade. The proposed amendment would allow
the homeowner at 21444 Hytrail Circle to either construct a deck at the first floor
elevation that is 11.4 feet deep or construct stairs down to a deeper deck that is 30" or
less above grade. These options are a reasonable allowance for a deck in
consideration of maintaining usable open space in the rear yard and privacy for
adjacent properties from elevated decks consistent with the intent of the setback
requirement for this re -plated lot (and other lots in similar circumstances) having a more
shallow depth than typical for an RS -4 District lot.
Accessory Buildings. The State Building Code has been updated to increase the area
of a detached accessory building requiring a building permit from 120 square feet to 200
square feet. Sections 11-18-7.C.2 and 3 of the Zoning Ordinance establish setback
requirements for detached accessory buildings based on the current 120 square foot
threshold for requiring a building permit. City staff is proposing to amend the Zoning
3
Ordinance to base the setback requirements on the updated Building Code threshold.
Detached accessory buildings 200 square feet or less in area are subject to all yard
requirements but may encroach to within five feet of an interior side or rear lot line,
whereas detached accessory buildings larger than 200 square feet must be setback 10
feet from an interior side or rear lot line.
Section 11-18-9.D.2(a)(2) of the Zoning Ordinance establishes attached and detached
accessory building limits for single family homes in the RA District and those in the RS -
1, RS -2 and RS -3 District with special circumstances related to the date the lot was
established and its area. These provisions include allowance of a 1,250 square foot
attached garage and a corresponding limit of a detached garage of 120 square feet.
Based on the change to the State Building Code to allow detached accessory buildings
up to 200 square feet without issuance of a building permit, City staff recommends
changing the detached accessory limit applicable to these lots from 120 square feet to
200 square feet.
Fences. The Building Code has also been changed to increase the height of a fence
requiring a building permit from six feet to seven feet. City staff has drafted language
amending Section 11-21-5.A of the Zoning Ordinance to reflect the change in the
building code requiring approval of the Zoning Administrator for fences up to seven feet
in height and issuance of a building permit for fences greater than seven feet in height.
Landscaping. Section 11-21-7.A of the Zoning Ordinance requires installation of
landscaping in all yards within a lot not covered by buildings, parking areas, driveways,
sidewalks or other improvements. The landscaping is required to be installed within
one year from the date of occupancy. However, the language in the Zoning Ordinance
states that a temporary certificate of occupancy will be issued until the landscaping is
complete. The City's practice is to issue the certificate of occupancy for the building as
the building construction and landscaping requirements are separate regulations and
landscaping is not a Building Code matter. The City does require a cash escrow for
completion of landscaping to ensure compliance with the Zoning Ordinance when this
work is not compete at the time the certificate of occupancy is issued, usually due to
seasonal timing. The Building Official is recommending that the references to
temporary certificates of occupancy be removed from the Zoning Ordinance.
Window Signs. Section 11-23-15.P states that window signs may occupy up to 25
percent of the area of the window in which they are displayed. City staff has not
required a sign permit for window signs, so reference to allowance of window signs up
to 25 percent of the window area must also be included in Section 11-23-7 of the Zoning
Ordinance identifying signs allowed without a sign permit.
Temporary Signs. City staff is proposing a number of amendments to the provisions
for allowance of temporary signs in Section 11-23-15.G of the Zoning Ordinance to
make the regulations more consistent with the practices of businesses utilizing these
signs:
2
Area. Consider allowing temporary signs for businesses within the Freeway
Corridor District along 1-35 to have a larger area. Temporary signs are currently
limited to 50 square feet by Section 11-23-15.G.2 of the Zoning Ordinance
regardless of zoning district. Businesses within the Freeway Corridor District
have requested use of temporary banners up to 100 square feet in area to
improve visibility from 1-35. City staff supports the increase in the area for
temporary signs in the Freeway Corridor District.
Duration. The Zoning Ordinance currently limits use of temporary signs to 42
days in Section 11-23-15.G.1 of the Zoning Ordinance. Businesses requesting
approval for temporary signs have noted that they commonly have sale events
lasting 60 days. So as to better align the limit for temporary signs with how the
businesses would utilize them, City staff proposes increasing the allowed
duration for temporary signs from 42 days to 60 days. Section 11-23-15.G.1 of
the Zoning Ordinance also defines the duration that a temporary sign may be
displayed every 12 months. City staff and business owners believe it would be
easier to administer if the period during which a temporary sign were displayed
were defined based on a calendar year and would propose to amend the Zoning
Ordinance to this effect.
Sign Placement. Section 11-23-17.0 of the Zoning Ordinance prohibits signs from
being placed on trees or other natural surfaces and public and quasi -public structures
such as utility poles, bridges, towers, etc. As directed by the Planning Commission at
the 5 February 2015 work session, the amendment proposes to add public fences to the
list of locations upon which signs may not be affixed.
Wall Signs. Wall signs within the O -R, C-1, C-2, C-3, C -CBD, O -P, I -CBD, 1-1, and 1-2
districts are currently limited to one wall sign for a fagade facing a public street or one
wall sign on up to two walls for corner or through lots. Businesses within multiple
occupancy buildings that occupy two tenant bays often request to install two or more
wall signs while staying within the area limit established for the respective zoning
district. City staff believes that such flexibility for the business is appropriate within the
context of a multiple occupancy building where a comprehensive sign plan is required
and would meet the intent of the Zoning Ordinance. Specific provisions allowing
multiple wall signs for single occupancy commercial uses larger than 45,000 square feet
also are established by the Zoning Ordinance but would not be effected by the
proposed amendment.
Convenience Fuel Lighting. Section 11-37-3.J.4 of the Zoning Ordinance prohibits
lighting of the exterior of a convenience fuel store building, although this is needed to
some extent for security reasons especially near rear doors. City staff proposes to
amend this provision to make it consistent with the exterior lighting requirements for
other buildings established in Section 11-16-17.B of the Zoning Ordinance whereby
exterior lighting of the principal building is allowed using downcast lighting onto the
structure. Lighting of the canopy over the fuel islands except for allowed signage would
remain prohibited.
Shoreland Overlay District Setbacks. City staff has been working with DNR staff to
clarify application of the provisions outlined in Section 11-102-13.D.1 of the Zoning
Ordinance that allow a reduced setback from the Ordinary High Water Level when a
building site has existing development on either side that is set back less than the
required 75 feet established for new construction. The existing language allows the
setback to be reduced to the greater of the average setback or so as not to encroach
within a Bluff Impact Zone or Shoreland Impact Zone, which may allow buildings to be
as close as 37.5 feet from the OHWL. DNR staff recommends under these
circumstances that the setback be not less than 50 feet and City staff has drafted
language consistent with the DNR recommendation.
CONCLUSION
The Planning Commission will consider possible amendments to the Zoning and
Subdivision ordinance at a public hearing noticed for 5 March 2015. City staff is
recommending approval of the proposed amendments as presented.
2
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 7-4-15.13 of the Lakeville City Code (Public Ways
and Property — Excavation and Mining) is hereby amended to read as follows:
B. Extraction and hauling operations and related incidental activities shall be
performed during only those times established between 7:OOAM and 10:00PM
Monday through Friday, unless otherwise limited or extended by the City Council
as part of this permit.
Section 2. Section 10-6-2-1 of the Lakeville City Code (Subdivision
Ordinance Variances) is hereby amended to read as follows:
10-6-2-1: FINDINGS:
A. The Planning Commission may recommend, and the City Council may an_nrove a
variance from the minimum standards of this Title (not procedural provisions)
when, in its opinion, undue hardship may result from strict compliance.
B. In recommending any variance, the Planning Commission shall prescribe and the
City Council shall impose any conditions that it deems necessary to or desirable
for the public interest.
.. . ...... . . al
mss.
110.0 WIN
C. The Planning Commission shall not recommend and the Citv Council shall not
approve any variance request unless they find failure to grant the variance will
result in unusual hardship. "Unusual hardship" means that the property owner
proposes to use the property in a reasonable manner not permitted by this title.
Economic considerations alone do not constitute unusual hardship Unusual
hardship includes, but is not limited to, inadequate access to direct sunlight for
solar energy systems. The following criteria must also be met:
1. That the variance would be consistent with the Comprehensive Plan
2. That the variance would be in harmony with the general purposes and
intent of this Title.
3. That the plight of the landowner is due to circumstances unique to the
property not created by the landowner.
4. That the purpose of the variance is not exclusively economic
considerations.
5. That the granting of the variance will not alter the essential character of
the neighborhood in which the parcel of land is located.
6. That the requested variance is the minimum action required to eliminate
the unusual hardship.
Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definitions:
LOT LINE, FRONT: The lot line separating a lot from the street right of way along the
lot frontage having the least width.
YARD, FRONT: The area extending along the full length of a front lot line between side
lot lines and to the depth required in the yard regulations for the district in which it is
located. In the case of a corner lot abutting one or more streets, both yards shall be
2
considered front yards unless a specific standard is established_ by this Title for a side
yard of a corner lot abutting a public right-of-way.
Section 4. Section 11-17-11.A.2.b of the Lakeville City Code (Yards -
Exceptions) is hereby amended to read as follows:
b. For lots of record or preliminary platted lots
established after March 17, 2003: Exeept as may be
limited wi"n envir-em�aeat pr-eteetion—dirst-iiets,
LVll WVVU, steps, UVV11U,
eA
.,+oLV„a to within i fi„o feet (5')o f side , ,, ,.a end * feet
(10') of re s, bu4 not fner-e than five feet
(5') 111Lv u rva3u'
publie right ofway pr-e-,ided thathe height of t
struetffe 1U 11VL 111V1V Lll{All Lllll L7'inehes (30”) above the
ode within the sethaek area.Excat as may be
limited within environmental protection districts the
required side yard and rear yard setbacks for terraces.
steps, decks, and stoops that are thirty (30) inches or
less above grade shall be:
(1) Side Yard: Five (5) feet, but not encroaching
more than five (5) feet into the required side
yard adjacent to a public right-of-way.
2) Rear yard: Ten (10) feet.
Section 5. Section 11-18-7.C.2 of the Lakeville City Code (Accessory
Buildings - Setbacks and Encroachments) is hereby amended to read as follows:
2. Detached accessory buildings net-exeeeding one htmdfed tw en4 (120)
with a gross floor area of two hundred (200) square feet or less in floc
afea:
a. All detaehed aeeessei=y buildings-zless than one hundredtw ent)
r120square � o+Such structures shall be set back at least six feet
(6') from any other building or structure on the same lot and shall
not be located within a required buffer yard or drainage and/or
utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of the lot, except in the case
of a side yard of a corner lot abutting a public street.
C. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least five feet (5) from all adjoining lots.
Section 6. Section 11-18-7.C.3 of the Lakeville City Code (Accessory
Buildings — Setbacks and Encroachments) is hereby amended to read as follows:
3. Detached accessory buildings exceeding en e hundred twenty ("O'two
hundred (200) square feet in oss floor area:
a. All d,taehea aeeessory buildings in e...._. s of one htmdfed +went.
(120) square f etSuch structures shall be set back at least ten feet
(10') from any other building or structure on the same lot, and shall
not be located within a required buffer yard or drainage and/or
utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of a lot, except in the case
of a side yard of a corner lot abutting a public street.
C. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least ten feet (10') from all adjoining lots.
Section 7. Section 11-18-9.D.2(a)(2) of the Lakeville City Code
(Accessory Buildings — All Zoning Districts) is hereby amended to read as
follows:
(2) A detached accessory building area of not more
than ene hundred *weal•' (12-O two hundred(2001
square feet is permitted in addition to the attached
garage area provided for by subsection D2a(1) of
this section.
Section 8. Section 11-21-5.A of the Lakeville City Code (Fences) is
hereby amended to read as follows:
A. Approval Required: No person except on a farm and related to agricultural uses
shall hereafter construct or cause to be constructed or erected within the city any
fence without first making an application for and securing approval by the zoning
administrator or their designee in accordance with section 11-8-5 of this title for
fences net exe`eding six feet ( not exceeding seven feet (7'1 in height, or a
building permit for fences e*eee ing six g et (6" greater than seven feet
hei t.
4
Section 9. Section 11-21-7.A of the Lakeville City Code (General
Mandatory Landscaping and Maintenance) is hereby amended to read as
follows:
A. All exposed ground areas, including street boulevards, and areas not devoted to
off street parking, drives, sidewalks, patios or other such improvements shall be
landscaped with grass, shrubs, trees (except in boulevard portions of the public
right of way) or other ornamental landscape materials within one year following
the date of building occupancy, as determined by the temporary certificate of
occupancy. A final-eer-t_fi==±e of e-- ..t, uiivy� ,.ane may b issuedupen eampliaflee with.
this scccietio
vtr.
Section 10. Section 11-23-7 of the Lakeville City Code (Signs — Permit
Not Required) is hereby amended to add the following provision:
H. Window Sims: Window signs not exceeding twenty five percent (25%) of
the total area of the window in which they are displayed
Section 11. Section 11-23-15.G of the Lakeville City Code (Signs —
Temporary Signs) is hereby amended to read as follows:
G. Temporary Signs: The use of banners, pennants and similar devices for
commercial, industrial and institutional uses shall be subject to the following
provisions:
1. Temporary signs shall require a permit valid for no more than forty two
(42) sixtyL601days during any twelve (12) month „e�eacalendar year.
2. The maximum area of a temporary sign shall net exeeeQ be fifty (50)
square feet per sign face, except within the Freeway Corridor District
where the maximum area of a temporary sign shall be one hundred_ (_ 100)
square feet per sign face.
3. Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
Section 12. Section 11-23-15.R.3.a of the Lakeville City Code (Signs —
O -R, C-1, C-2, C-3, C -CBD, and O -P District Multiple Occupancy Buildings) is
hereby amended to read as follows:
a. Within the O -R, C-1, C-2, C-3, C -CBD, and O -P districts:
5
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one LUjacadeper tenant space except
one additional sip may be displayed on a second facade
for the tenant of a corner suite or a suite that extends
through the building thus having two (2) exterior walls.
(2) The tenant's business shall have an exclusive exterior
entrance.
(3) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(4) Each sign and the total area of all signs on a single facade
for an individual tenant shall be limited to the maximum
wall sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 13. Section 11-23-15.R.3.b of the Lakeville City Code (Signs —
1-1, 1-2 and I -CBD District Multiple Occupancy Buildings) is hereby amended to
read as follows:
b. Within the I-1, I-2 and I -CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one (1) facade per tenant space except
that additional sign(s) may be displaved on a second facade
for the tenant of a corner suite or a suite that extends
through the building thus having two (2) exterior walls.
subjeet to the fellewing:
(AD The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(22) Each sign or the total area of all signs on a single facade for
an individual tenant shall be limited to the maximum wall
sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 14. Section 11-23-17.0 of the Lakeville City Code (Signs --
Prohibited Signs) is hereby amended to read as follows:
O. Signs painted, attached or in any other manner affixed to trees or similar
natural surfaces, or attached to utility poles, bridges, towers, or similar
public structures, or public fences.
Section 15. Section 11-37-3.J.4 of the Lakeville City Code (Motor Fuel
Facilities — Exterior Lighting) is hereby amended to read as follows:
4. Exception:
Lighting of entire facades of the principal building shall only
utilize illuminating devices mounted on top and facing downward
onto the structure. Accessory structures, including the canopy
fascia, shall not be illuminated.
Section 16. Section 11-53-13 of the Lakeville City Code (RS -4 District —
Lot Requirements and Setbacks) is hereby amended to read as follows:
11-53-13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RS -4 District subject to
additional requirements, exceptions and modifications set forth in this Title:
Lot area:
-FF-
-Ic-omer
Interior
Lot width:
F 10,200 square feet
F1 8,400 square feet
Corner
�I 85 feet
Interior
�I 70 feet
Setbacks:
Front yards
120 feet to the principal building; and 25 feet to the garage face
F 11
Rear yards
30 feet, except that the setback for any open and uncovered
terraces, steps, decks, and stoops shall be twenty (20) feet. F'
Side yards
' 7 feet from the adjacent lot, or 20 feet on the side yard abutting
a public right of way
Appy M.�Y ii,..No — {fa P/1W.M A.M..+ 14 111. / 1 a.a V- 06 a' ..'� '.V -.Ww Vii. KF. �' "Ip .'
Maximum building 40 percent
coverage
Buffer yard Refer to subsection 11-21-9.E of this Title
Section 17. Section 11-102-13.D.1 of the Lakeville City Code
(Shoreland Overlay District — Minimum Lot Requirements and Setbacks) is
hereby amended to read as follows:
1. Setback requirements from the ordinary high water level shall not apply to
piers and docks. Where development exists on both sides of a proposed
building site, building setbacks may be altered reduced from the Ordinary
High Water Level to the average setback of the abutting nrincinal
buildings to more closely conform to adjacent building setbacks, provided
the proposed building site is not located in a shore impact zone of in a
bluff impact zone and not closer than fifty (50) feet from the Ordinary
High Water Level, whichever is greater.
Section 18. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this day of , 2015, by the City Council of the
City of Lakeville, Minnesota.
ATTEST:
CITY OF LAKEVILLE
XW
Matt Little, Mayor
Charlene Friedges, City Clerk
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