HomeMy WebLinkAboutItem 11
Date: Item No.
ORDINANCE AMENDING TITLES 3, 4 AND 11 OF THE CITY CODE
AND SUMMARY ORDINANCE FOR PUBLICATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending
Titles 3, 4 and 11 of the City Code and the summary ordinance for publication, as presented.
Overview
Planning Department staff recommends approval of an ordinance amending Titles 3, 4 and 11 of
the City Code. The proposed ordinance is the annual review and update of the Zoning
Ordinance by the Planning Commission and City staff.
The Planning Commission discussed this year’s Zoning Ordinance update items at a work
session held on January 5th and directed staff to prepare a formal ordinance amendment and
schedule a public hearing, which was held at the February 16th Planning Commission meeting.
The Planning Commission unanimously recommended approval. There was no public
comment.
Primary Issues to Consider
• What are the most significant changes proposed by this year’s Zoning Ordinance update?
Supporting Information
• Staff response to primary issues
• Ordinance amending Titles 3, 4 and 11 of the City Code and Summary Ordinance
• Planning Commission minutes of the February 16th meeting and January 5th work session
• February 17th planning report (including a redlined version of the draft ordinance)
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Daryl Morey, Planning Director
March 6, 2017
City Code
Staff Response to Primary Issues to Consider
• What are the most significant changes proposed by this year’s Zoning Ordinance update?
Many of the proposed changes proposed are corrections or clarifications to make the regulations
easier to follow. The more significant changes include:
1. As part of this year’s Zoning Ordinance update, the Planning Commission requested that
the rate of change for electronic signs be re-visited. They recommend increasing the rate of
change for electronic signs from 7 seconds to 15 seconds based on recommendations
contained in a Federal Highway Administration (FHWA) report, which is attached to the
February 17th memo from the City’s planning consultant. Last year, when the City Council
decreased the rate of change for electronic signs from 60 seconds to 7 seconds, it was based
on a report prepared by the United States Sign Council (USSC), which is a representative of
the sign industry. The Planning Commission is recommending a 15 second rate of change
due to traffic safety and community aesthetics concerns with the potential for multiple
dynamic display signs in close proximity along major commercial corridors.
2. Reducing the required trash pick-up for single family, detached townhome and two-family
dwellings from once per week to once every two weeks. The weekly trash pick-up
requirement for townhomes and apartments would not change.
3. Reducing the rear yard deck setback for all single family homes from 30 feet to 20 feet.
4. Allowing residential subdivision identification signs to be located at an entrance off of a
minor collector street, as well as off of a major collector or arterial street.
5. Limiting the number of model home permits in residential subdivisions that are issued prior
to completion of the infrastructure improvements, including the first lift of asphalt, to one,
or 10% of the lots in the final plat, whichever is less.
6. At the request of Dick’s Sanitation, allowing waste and recycling transfer stations by
conditional use permit in the I-1 and I-2 districts.
ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 3-22-7.B.1 of the Lakeville City Code (Dynamic Display
Signs – Performance Standards) is hereby amended to read as follows:
1. Change Of Display: The display shall change display not more
often than once every fifteen (15) seconds.
Section 2. Section 4-2-2 of the Lakeville City Code (Required Collection of
Mixed Municipal Solid Waste and Recyclable Material) is hereby amended to read as
follows:
4-2-2: REQUIRED COLLECTION OF MIXED MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIAL:
Every single family, two-family, and detached townhouse household must be under a
contract for collection of mixed municipal solid waste at least once every two (2) weeks
with a licensed hauler. Every townhouse or multiple family household and
commercial/industrial/institutional establishment must be under a contract for at least
weekly collection of mixed municipal solid waste with a licensed hauler. Every
household must be under contract for at least biweekly collection of recyclable material.
A household in a multi-dwelling property is considered to be under a collection contract
if the owner, association or management entity has a contract with a licensed garbage
hauler.
Section 3. Section 11-17-11.A.2 of the Lakeville City Code (Yards - Terraces,
steps, decks, stoops or similar structures) is hereby amended include the following
provision:
c. Except as may be limited within environmental protection
districts, the required rear yard setbacks for steps, decks,
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and stoops that are more than thirty inches (30") above
grade shall be twenty feet (20’).
Section 4. Section 11-18-7 of the Lakeville City Code (Accessory Buildings –
Single and Two Family Uses) is hereby amended to include the following provision:
I. Sewer Connection. There shall be no connection to sanitary sewer or
private on-site septic systems from any detached accessory building.
Section 5. Section 11-21-9.E.1.c of the Lakeville City Code (Required
Landscaping – Residential Buffer Yards) is hereby amended to read as follows:
c. For lots preliminary platted after February 16, 1999,
the following principal building setback requirements
shall apply to the yard of a lot abutting a major
collector or arterial street:
RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 RM-1 RM-2 RH-1 RH-2
Side yard 40' 40' 30' 30' 30' 30' 50' 50' 50' 50'
Rear yard 50' 50' 50' 50' 50' 50' 50' 50' 50' 50'
Section 6. Section 11-23-15.X.1 of the Lakeville City Code (Signs – General
Standards) is hereby amended to read as follows:
1. Permanent Signs: One sign shall be allowed for a
subdivision having not less than three (3) lots or principal
buildings at its entrance from a collector or arterial street
defined by the Lakeville transportation plan provided that:
a. The area of the face of each sign shall not exceed
one hundred (100) square feet.
b. Freestanding signs shall be limited to a maximum
height of:
(1) Ten feet (10') for residential uses.
(2) Twenty feet (20') for commercial, industrial and
institutional uses.
c. The sign(s) shall be located to accommodate said
sign and related landscaping to meet all setback
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requirements. If the sign(s) is to be located on outlots,
the outlots shall be designated on the preliminary plat
and detailed plans for the area identification signs
shall be submitted with the final plat.
d. The area around the sign shall be landscaped in such
a manner to accent and enhance the sign while
remaining sensitive to the natural features of the site.
Detailed site and landscape plans shall be included
with each sign permit application and shall be subject
to review and approval of the zoning administrator.
e. The design and construction of the sign shall be done
with the highest quality materials and workmanship to
keep maintenance and upkeep costs to a minimum
and to minimize the potential for vandalism. The signs
are to be aesthetically pleasing when designed and
constructed. The sign shall be compatible with nearby
structures in the area. Detailed construction plans and
a materials list shall be included with each sign permit
application and shall be subject to the review and
approval of the zoning administrator.
f. The sign may be illuminated but only an external light
source shall be allowed within residential districts.
Section 7. Section 11-23-19.B.1 of the Lakeville City Code (Signs – District
Regulations) is hereby amended to read as follows:
1. Government buildings and structures, public, quasi-public or
private recreation buildings, public parks and recreation
areas, public and private educational institutions limited to
accredited elementary, middle or senior high schools,
daycare facilities as a principal use, and religious institutions
such as churches, chapels, temples and synagogues shall
be allowed the following signs:
a. Freestanding Sign:
(1) Number Allowed: One sign is allowed per lot,
except that one additional sign shall be allowed
when there is more than one entrance from a
major collector or arterial street.
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(2) Area: The area of each sign may not exceed
one hundred (100) square feet per sign face.
(3) Monument Type; Height: The sign shall be a
monument type with a maximum height not to
exceed ten feet (10').
(4) Changeable Copy Signs: Within the allowed
area of a freestanding sign, a maximum of forty
(40) square feet of nonelectronic changeable
copy shall be allowed per frontage to a major
collector or arterial street.
b. Wall, Canopy, Or Marquee Signs:
(1) For single occupancy buildings, not more than
one sign larger than one hundred (100) square
feet shall be allowed on one elevation fronting
a public street, except in the case of a corner
lot or through lot where one additional one
hundred (100) square foot wall sign may be
installed on a second elevation fronting a
public street.
(2) Additional signs not to exceed forty eight (48)
square feet shall be allowed for each building
entrance.
Section 8. Section 11-23-19.B of the Lakeville City Code (Signs – District
Regulations) is hereby amended to include the following provision:
2. Multiple Family Apartments:
a. Freestanding Sign: One monument sign is allowed per lot
not to exceed fifty (50) square feet each side with a
maximum height of ten feet (10').
b. Wall, Canopy, Or Marquee Sign: Not more than one (1) wall,
canopy, or marquee sign with an area not to exceed fifty (50)
square feet shall be allowed on one (1) elevation fronting a
public street, except in the case of a corner lot or through lot
where wall signs may be installed on two (2) elevations
fronting a public street or on an elevation with the primary
entrance.
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Section 9. Section 11-27-3 of the Lakeville City Code (Model Homes) is hereby
amended to read as follows:
11-27-3: QUALIFICATION:
To qualify for a building permit for a model home, which may include a
temporary real estate office, the following shall be required:
A. The total number of model homes allowed shall not exceed the
greater of two (2) buildings or ten percent (10%) of the lots within
the final plat.
B. Upon receipt of final plat approval and recording, building permits
may be issued for model homes and/or temporary real estate
offices provided that the number of model homes and/or temporary
real estate offices shall not exceed the lesser of one (1) per
homebuilder or ten percent (10%) of the lots within the final plat
prior to infrastructure improvements, including the first lift of
asphalt, being completed and approved by the City Engineer.
C. No certificate of occupancy shall be issued for a model home
and/or temporary real estate office until the infrastructure
improvements including the first lift of asphalt have been completed
and approved by the city engineer.
Section 10. Section 11-31-5.E of the Lakeville City Code (Daycare Facilities –
General Provisions) is hereby amended to read as follows:
E. Loading: All deliveries shall occur at such a time as to not conflict
with customer or employee access to the building and parking
demand, and all loading and maneuvering shall be accomplished
on private property.
Section 11. Section 11-45-1.B of the Lakeville City Code (General Zoning
District Provisions – Establishment of Districts) is hereby amended to read as follows:
B. Residential districts:
RS-1, Single-family residential district
RS-2, Single-family residential district
RS-3, Single-family residential district
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RS-4, Single-family residential district
RS-CBD, Single-family residential - central business district
RSMH, Single-family manufactured home park district
RST-1, Single- and two-family residential district
RST-2, Single- and two-family residential district
RM-1, Medium-density residential district
RM-2, Medium-density residential district
RH-1, Multiple-family residential district
RH-2, Multiple-family residential district
Section 12. Title 11, Chapter 57 of the Lakeville City Code, RST-2, Single and
Two Family Transition District shall be retitled as RST-2, Single and Two Family
Residential District.
Section 13. Section 11-86-7 of the Lakeville City Code (I-1 District – Conditional
Uses) is hereby amended to include the following provisions:
O. Waste and Recycling Transfer Stations:
1. No transfer station shall operate without a license or permit
required therefor by any county or state agency or
department having jurisdiction over any solid waste transfer
system and no transfer system shall operate in violation of
any term or condition of a license or permit required
therefore by any county or state agency or department.
2. The property shall abut and be accessed from an arterial
roadway.
3. Hours of operation shall be seven o'clock (7:00) A.M. and
seven o'clock (7:00) P.M. Monday through Friday, unless
otherwise limited or extended by the City Council.
4. All transfer operations shall be conducted within the principal
building and shall not produce any adverse noise, glare,
fumes, odor, obnoxious products, byproducts, litter, waste or
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other nuisance impacts, and shall not include the handling,
transfer, processing, or storage of hazardous, infectious, or
pathological waste or cconstruction and demolition debris.
5. Outside storage incidental to the principal use is limited to
thirty percent (30%) of the gross floor area of the principal
building and shall comply with the performance standards of
11-86-9.C of this Title.
6. The transfer station and the property on which it is located
shall be open at all times for inspection by the city, county,
and state.
Section 14. Section 11-87-7 of the Lakeville City Code (I-2 District – Conditional
Uses) is hereby amended to include the following provisions:
O. Waste and Recycling Transfer Stations:
1. No transfer station shall operate without a license or permit
required therefor by any county or state agency or
department having jurisdiction over any solid waste transfer
system and no transfer system shall operate in violation of
any term or condition of a license or permit required
therefore by any county or state agency or department.
2. The property shall abut and be accessed from an arterial
roadway.
3. Hours of operation shall be seven o'clock (7:00) A.M. and
seven o'clock (7:00) P.M. Monday through Friday, unless
otherwise limited or extended by the City Council.
4. All transfer operations shall be conducted within the principal
building and shall not produce any adverse noise, glare,
fumes, odor, obnoxious products, byproducts, litter, waste or
other nuisance impacts, and shall not include the handling,
transfer, processing, or storage of hazardous, infectious, or
pathological waste or cconstruction and demolition debris.
5. Outside storage incidental to the principal use is limited to
thirty percent (30%) of the gross floor area of the principal
building and shall comply with the performance standards of
11-86-9.C of this Title.
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6. The transfer station and the property on which it is located
shall be open at all times for inspection by the City, County,
and State.
Section 15. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this 6th day of March,
2017.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk
SUMMARY ORDINANCE NO. ______
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGULATIONS),
4 (HEALTH AND SANITATION), AND 11 (ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 3, 4 and 11 of the Lakeville City Code. Amendments have
been made to the following chapters of the Lakeville City Code:
Title 3 (Business and License Regulations)
Chapter 22-7.B.1 (Dynamic Display Signs – Performance Standards)
Title 4 (Health and Sanitation)
Chapter 2-2 (Required Collection of Mixed Municipal Solid Waste & Recyclable Material)
Title 11 (Zoning Ordinance)
Chapter 17-11.A.2 (Yards – Terraces, steps, decks, stoops or similar structures)
Chapter 18-7 (Single Family Attached and Detached Accessory Uses)
Chapter 21-9.E.1.c (Required Screening and Landscaping – Residential Buffer Yards)
Chapter 23-15.X.1 (General Regulations – Subdivision Signs)
Chapter 23-19.B (District Sign Regulations)
Chapter 27-3 (Model Homes)
Chapter 31-5.E (Daycare Facilities – General Provisions)
Chapter 45-1.B (Establishment of Zoning Districts – Residential Districts)
Chapter 57 (RST-2, Single- and Two-Family Transition District)
Chapter 86-7 (I-1 District Conditional Uses)
Chapter 87-7 (I-2 District Conditional Uses)
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 6th
day of March, 2017.
CITY OF LAKEVILLE
BY: _________________________
Douglas P. Anderson, Mayor
ATTEST:
________________________________
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, February 16, 2017 Page 6
3. The developer shall construct the north half of the drive aisle along the north line
of the subject site that is to be within Outlot B, Spirit Place, which is identified on
the site plan.
4. The proposed use is required to provide 50 off-street parking stalls in accordance
with Section 11-19-13 of the Zoning Ordinance. The site plan provides 42 stalls
and there are up to 10 stalls available through a cross parking easement on Lot
1, Block 1, Spirit Place. The developer shall provide documentation as to
establishment of the cross parking easement for Spirit Place such that the
proposed use complies with the number of parking stalls required by the Zoning
Ordinance.
5. The developer shall pay a park dedication fee of $5,076.00 with the development
agreement in accordance with the SBF Master Development Agreement.
6. All easements are subject to review and approval of the City Engineer.
7. All grading, drainage, and erosion control issues are subject to review and
approval of the City Engineer.
8. All utility issues are subject to review and approval of the City Engineer.
9. The developer shall execute a development agreement drafted by the City
Attorney prior to City Council approval of the final plat.
10. The landscape plan shall be revised to redistribute some of the shrubs on the
south side of the drive-through aisle to the north and east.
Ayes: Einck, Lillehei, Swenson, Reuvers, Kaluza, Drotning, Kelvie
Nays: 0
7. City of Lakeville
Chair Swenson opened the public hearing to consider amendments to various
chapters of Title 11 (the Zoning Ordinance) of the Lakeville City Code.
Planning Consultant Dan Licht presented the planning report. Mr. Licht stated that
the Planning Commission held a work session on January 5, 2017 to discuss the list
of topics compiled by City staff in 2016 for their annual review of the Zoning
Ordinance, Subdivision Ordinance and/or City Code to address issues that have
been identified during the review of development applications.
Mr. Licht reviewed several of the proposed amendments that are listed in detail in
the February 6, 2017 planning report.
Mr. Licht indicated that one amendment that had not been brought up previously
was residential garbage collection. He indicated that with an aging population and
smaller households, weekly collection from low density residential uses is not always
necessary. City staff is recommending amending the City Code to require collection
of municipal mixed solid waste a minimum of every two weeks for single family,
detached townhome or two family dwellings. No change is recommended for other
uses as the greater density or intensity of the land use has more potential for
nuisance concerns with less frequent pick up.
Planning Commission Meeting Minutes, February 16, 2017 Page 7
Mr. Licht stated that staff is recommending approval of the proposed amendments to
the City Code and Zoning Ordinance, as presented.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kelvie, seconded by Drotning to close the public hearing
at 7:08 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Lillehei commented that he agrees with the garbage collection
amendment because it will give residents more options.
Motion was made by Lillehei, seconded by Drotning to recommend to City
Council approval of the proposed amendments to the City Code and Zoning
Ordinance, as presented.
Ayes: Lillehei, Swenson, Reuvers, Kaluza, Drotning, Kelvie, Einck
Nays:
There being no further business, the meeting was adjourned at 7:11 p.m.
The Planning Commission reconvened in the Marion Conference Room for a work
session immediately following the Planning Commission meeting.
Respectfully submitted,
Penny Brevig, Recording Secretary
CITY OF LAKEVILLE
PLANNING COMMISSION WORK SESSION MINUTES
January 5, 2017
Chair Swenson called the work session to order at 6:35 p.m.
Members Present: Chair Jason Swenson, Vice Chair Brooks Lillehei, Karl Drotning, Scott
Einck, Jason Kelvie, Paul Reuvers, Elizabeth Bakewicz
Members Absent: Pat Kaluza
Staff Present: Planning Director Daryl Morey, Associate Planners Frank Dempsey and Kris
Jenson, and Daniel Licht, TPC
Others Present: Mike Stahnke, 6407 Lower 161st Street; Jay Wilson, 20272 Hampton Circle;
and Amy Willingham, Michael Launsbach and the 6th grade Lego League team
2017 Zoning Ordinance Update Discussion
Daniel Licht presented possible amendments to the Zoning Ordinance, as compiled by Planning
Department staff in 2016 and listed in his December 29, 2016 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 to receive direction from the
Planning Commission regarding proposed language.
Planning Commission discussion points:
Dynamic Display Signs
The Planning Commission expressed continued concern about the potential negative impacts of
dynamic display signs and the cumulative effect of multiple dynamic display signs for adjacent
businesses located a short distance apart along streets in commercial corridors.
Based upon the FHWA report attached to the December 29th TPC memorandum, the Planning
Commission recommended a 15 second rate of change for the sign display and no changes to
the restrictions on animation, scrolling, flashing, etc., so as to be in keeping with desired
community aesthetics and traffic safety concerns.
Deck Setbacks
The Planning Commission concurred with Mr. Wilson’s deck setback request and staff’s
recommendation on this item.
Unsewered Lots
The Planning Commission concurred with staff’s recommendation, subject to requiring approval
of a conditional use permit to construct a new single family home on a vacant non-conforming
lot. This would also require an amendment to the wording in Section 11-15-9.C of the Zoning
Ordinance.
Planning Commission Work Session Minutes – January 5, 2017 Page 2
Accessory Buildings
The Planning Commission concurred with Mr. Stahnke’s request that a second detached
accessory building be allowed, but felt the term “unenclosed structure” should be better defined.
Staff will bring this item back to the Planning Commission at a future work session.
The majority of Planning Commission members supported the proposed language prohibiting
connection of detached accessory buildings to public sanitary sewer or private on-site septic
systems in order to strengthen Zoning Ordinance regulations prohibiting these structures from
becoming a dwelling unit. This change will aid City staff in administration of the Zoning
Ordinance and reduce the potential for code enforcement actions.
Buffer Yard Setbacks
The Planning Commission supported the proposed clarification that buffer yard setbacks apply
only to the principal building.
Residential Subdivision Signs
The Planning Commission supported the proposal to allow residential subdivision identification
signs at an entrance from a minor collector street, as well as major collector and arterial streets
as currently allowed.
Day Care Signs
The Planning Commission supported allowing day cares as a principal use to have wall and
freestanding signs consistent with other non-residential uses within residential zoning districts,
subject to the performance standards as outlined in the TPC memorandum.
Multiple Family Apartment Signs
The Planning Commission supported allowing apartment developments to have wall and
freestanding signs subject to the performance standards outlined in the TPC memorandum.
Commercial Wall Signs
Staff informed the Planning Commission that a PUD amendment application has been
submitted to allow an additional wall sign and increased size of all wall signs for the PetSmart
retail building in Spirit Place at Brandtjen Farm. Staff is seeking the Planning Commission’s
direction on an amendment to the C-3 District wall sign requirements that would mirror the
request from PetSmart, which would apply to all commercial uses within the C-2, C-3 and
C-CBD Districts. The Planning Commission stated that they do not support changes to the
current C-3 District wall sign requirements.
Model Homes
Staff pointed out that many homebuilders are using the existing model home allowances to
obtain approval of a building permit prior to the completion of infrastructure, never intending to
use the building as a model home. The Planning Commission supported the proposed
modification to the number of model home permits issued prior to completion of infrastructure
improvements in order to address public safety concerns raised by staff.
Temporary Dwellings
The Planning Commission does not support the allowance of temporary dwelling units, such as
drop homes, due to neighborhood compatibility, provision of utilities, and administration or
enforcement concerns. They noted that the Zoning Ordinance currently allows separate living
quarters that include kitchen facilities for housing multiple generations as an accessory use
within a single family dwelling by administrative permit and felt this was a viable option.
Planning Commission Work Session Minutes – January 5, 2017 Page 3
Day Care Loading
The Planning Commission supported this modification to address an outdated requirement
pertaining to off-street loading for commercial day care uses.
Animals
The Planning Commission reiterated their support for eliminating the interim use permit
allowance of animals not considered house pets or farm animals, i.e. exotic animals, other than
allowing raptors in RA and AP districts. It was pointed out that the falcon approved in the RST-2
District by interim use permit in 2015 would become legal, non-conforming if this amendment is
approved.
Regarding the keeping of bees on a single family residential lot, the Planning Commission
generally supports this proposal, provided appropriate standards are put in place. The Planning
Commission expressed concern that if the beekeeper does not properly take care of their bees,
there could be unintended negative impacts on neighboring property owners. The Planning
Commission recommended that staff research the bee ordinances of Edina, Eagan, and
Minneapolis (based on information provided by the Lego League Team and the U of M’s bee
ordinance research that was attached to the December 29th TPC memorandum) and bring it
back for Planning Commission discussion at a future work session. The Planning Commission
also recommended inviting a bee expert to the work session.
RST-2 District Name
The Planning Commission supported changing the title of the RST-2 District to be consistent
with the title of all other residential districts.
Waste and Recycling Transfer Stations
The Planning Commission supported the allowance of waste and recycling transfer stations in
the I-1 and I-2 districts by conditional use permit, as requested by Dick’s Sanitation and subject
to the performance standards outlined in the TPC memorandum.
The Planning Commission directed staff to set a public hearing for formal consideration of the
proposed amendments that were recommended at tonight’s work session.
The work session was adjourned at 9:00 p.m.
Respectfully submitted,
Daryl Morey, Planning Director
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 17 February 2017
RE: Lakeville – Zoning Ordinance
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance and/or City Code to address issues identified in the course of ongoing administration
of the City’s development regulations and review of development applications. The Planning
Commission held a work session on 5 January 2017 to discuss the list of topics compiled by City
staff in 2016 and provide receive direction as to possible amendments.
Exhibits:
A. Electronic Variable Message Signage Issues Paper from the FHWA
ANALYSIS
Residential Garbage Collection. Section 4-2-2 of the City Code establishes collection
requirements for mixed solid waste. All uses within the City are required to contract with a
licensed hauler for collection of municipal mixed solid waste at least once per week and
collection of recyclables every two weeks. With an aging population and smaller household
sizes, weekly collection from low density residential uses is not always necessary. City staff has
drafted language amending Section 4-2-2 of the City Code to require collection of municipal
mixed solid waste a minimum of every two weeks for single family, detached townhome or two
family dwellings. No change is recommended for other uses as the greater density or intensity
of the land use has more potential for nuisance concerns with less frequent collection.
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Dynamic Display Signs. The City adopted zoning ordinance and business licensing standards for
the placement and operation, respectively of dynamic display signs in 2012. Regulations on
the area, height, construction and location of dynamic display signs are established by Section
11-23-15.T.2 of the Zoning Ordinance and regulations for the operation of the signs, including
the type of electronic display and rate of change are established by Section 3-22-7 of the City
Code administered as a business license. These provisions were reviewed again in 2016 and
the rate of change for electronic signs was reduced by the City Council from once every 60
seconds to once every seven seconds based in large part on information from the United States
Sign Council (USSC), which is a representative of the sign industry, that was submitted by a local
business owner. The Planning Commission recommended to the City Council that the rate of
change be reduced to once every 30 seconds due to traffic safety and community aesthetic
concerns with the potential for multiple dynamic display signs located in close proximity along
major commercial corridors. At their 21 March 2016 meeting, the City Council directed that the
Planning Commission again review the operational regulations for dynamic display signs with
the next Zoning Ordinance update.
The function of the requirement for a single display frame and time limit is based on
recommendations of the attached Federal Highway Administration (FHWA) report entitled
Issues in the Regulation of Commercial Electronic Message Signage (CEVMS). The FHWA report
states that regulations for dynamic display signs should minimize visual attention that a driver
of a vehicle passing the sign will need to observe the sign in order to minimize potential impacts
to traffic safety. Because the City Code allows dynamic display signs to include both text and
graphics, there is a wide range of information that could be conveyed by the sign by each
individual user. A message that includes animation versus the current allowance of a static
display will require greater visual attention of a driver for a longer period of time, referred to as
the total length of the information cycle, and increase the potential impacts to traffic safety.
The FHWA recommends that animation or scrolling displays be prohibited. The effectiveness
of any sign will be based on its legibility for the viewer to make out symbols and readability for
the viewer to understand what the sign is communicating. As such, the FHWA also
recommends that the rate of change for electronic signs displaying three lines of text be no less
than once every 15 seconds. In consideration of the FHWA recommendations, the Planning
Commission supports changing the maximum allowed rate of change to 15 seconds. Requiring
use of static displays was a primary concern of the Planning Commission when it recommended
the allowance of dynamic display signs in 2012 and when it reviewed the performance
standards in 2016 and no change is recommended to this performance standard.
Deck setbacks. The City has seen an increasing number of proposals for decks attached to the
principal dwelling that would encroach into the required rear yard setback. The minimum rear
yard setback for single family dwellings within the RS-1, RS-2, RS-3 and RS-CBD District is 30
feet. The minimum rear yard setback for the RS-4 District is 20 feet following an amendment in
2015 to reduce the required setback from 30 feet. The purpose of the rear yard setback is to
allow for separation of principal dwellings across rear yards and provide usable open space for
outdoor recreation. The Planning Commission agreed that an attached deck provides for
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usable outdoor space accessory to the principal dwelling and allowing a deck to encroach into
the rear yard where a 30 foot setback is currently required is appropriate.
Accessory Buildings – Sewer. City staff is asking the Planning Commission to consider a
provision added to Section 11-18-7 of the Zoning Ordinance prohibiting a sanitary sewer
connection to detached accessory buildings for single family uses. Access to sanitary sewer
increases the potential intensity of the use of the accessory building in a manner that may be in
conflict with the allowed uses of the Zoning Ordinance or in a way that increases potential
compatibility issues with adjacent properties. The Planning Commission concurred with City
staff’s recommendation.
Buffer Yard Setbacks. Section 11-21-9.E. of the Zoning Ordinance establishes provisions for
residential buffer yards adjacent to arterial and major collector roadways. The residential
buffer yards require increased lot width or depth, setbacks and screening intended to offset the
impacts of traffic along major roadways to the residential use. City staff recommends that the
regulations be clarified that the setback requirements apply to the principal building and not to
any accessory use that may be located in a side or rear yard abutting the major roadway. The
Planning Commission agreed that this amendment will allow property owners maximum
utilization of their lot, while maintaining consistency with the intent of the buffer yard
requirements.
Residential Subdivision Signs. Pulte Homes has requested that the City review the provisions
for residential subdivision signs as they relate to their Linden Ridge subdivision located at 205th
Street and Hamburg Avenue. Section 11-23-15.X.1 of the Zoning Ordinance allows installation
of a permanent monument sign at a subdivision entrance from a major collector or arterial
street designated by the Comprehensive Plan. For this subdivision, the entry is from roadways
designated as a minor collector street. City staff recommends amending Section 11-23-15.X.1
of the Zoning Ordinance to remove the reference to “major”, thus allowing such signs at entries
from both minor and major collector streets. The Planning Commission agreed with the
recommendation of City staff.
Daycare Signs. Commercial daycare centers are allowed in residential zoning districts as a
conditional use subject to the performance standards established by Chapter 31 of the Zoning
Ordinance. These facilities have need for business identification signs, but Section 11-23-
19.B.1 of the Zoning Ordinance regulating signs does not include allowances for daycare
centers. The Planning Commission recommends allowing daycare centers to display wall and
freestanding signs for business identification purposes. The reference to daycare facilities as a
principal use makes the provision applicable only to those uses that operate outside of a single
family dwelling. The Planning Commission concurred with City staff’s recommendation.
Multiple Family Dwelling Signs. Signs are commonly placed for multiple family buildings to
identify the development. For multiple family buildings within the RH-1 and RH-2 Districts,
signs are regulated by Section 11-23-19.B of the Zoning Ordinance and do not include
allowances for wall or freestanding signs. Multiple family buildings within the O-R District are
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allowed to have one wall sign up to 50 square feet facing a public street, or second elevation
facing a public street for a corner lot, and/or a freestanding sign up to 50 square feet and 20
feet in height. The Planning Commission recommends amending Section 11-23-19.B of the
Zoning Ordinance to include a sign allowance for multiple family buildings within the RH-1 and
RH-2 Districts.
Model Homes. Section 27 regulates construction and use of dwellings as temporary models
and real estate offices. Section 11-27-3 of the Zoning Ordinance limits the number of model
homes to two or 10 percent of the lots within the final plat, whichever is greater. The Zoning
Ordinance was amended in 2012 to accommodate subdivisions with multiple builders and
multiple house plans; previously, only one model home was allowed prior to completion of
infrastructure improvements. This section also allows construction of a model home to be
started before completion of infrastructure and the first lift of asphalt for the public street
accessing the lot. However, builders have been using this provision to begin construction of
homes that they do not intend to ever be used as a model home prior to completion of
infrastructure. This situation causes concern from a construction access and observation
standpoint as well as public safety issues should there be a fire or accident on a job site. As
such, the Planning Commission supports an amendment of Section 11-27-3 of the Zoning
Ordinance to clarify allowances for model homes to address the current situation with homes
being built prior to completion of streets and utilities.
Daycare Uses. Section 31 of the Zoning Ordinance establishes performance standards for
commercial daycare uses (other than those allowed as a permitted use within residential
dwellings by State Statute). Section 11-31-5.E of the Zoning Ordinance requires daycare
facilities to provide a loading area meeting the requirements of Section 20 of the Zoning
Ordinance. Section 11-20-15.A requires this loading area to be a minimum of 10 feet in width
by 70 feet in length with 14 feet of clearance, which is excessive for this type of use. The
Planning Commission recommends amending the Zoning Ordinance to remove the loading area
requirement and instead include more general language providing for adequate on-site
circulation.
RST-2 District Title. The title of the RST-2 District is RST-2, Single and Two-Family
“Transitional District”. All other residential districts are titled as “Residential District”.
City staff recommends amending Section 11-45-1.B of the Zoning Ordinance and
retitling Chapter 57 of the Zoning Ordinance as RST-2, Single and Two-Family
Residential District. The Planning Commission concurred with City staff’s
recommendation.
Waste Transfer Stations. Dick’s Sanitation has operated a recycling facility at the
property located at 8812 215th Street since August 1, 2014. The property is zoned I-1
District, which specifically excludes waste facilities from the list of allowed permitted
uses. The use is generally industrial in character and may be appropriate for inclusion
within such zoning districts provided that measures are taken to off-set potential
negative effects of a waste facility to surrounding properties or public health, safety and
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welfare. Use of a conditional use permit will provide for the needed oversight based on
specific requirements to be listed with the interim use and the general performance
standards listed in Section 11-4-7 of the Zoning Ordinance. The Planning Commission
supports allowing waste and recycling facilities as a conditional use within the I-1 and I-2
Districts.
CONCLUSION
City staff recommends approval of the proposed amendments in the form attached hereto.
The Planning Commission conducted a public hearing at their meeting on 16 February 2017 to
consider proposed amendments of the City Code and Zoning Ordinance. There were no public
comments. The public hearing was closed and the Planning Commission recommended City
Council approval of the proposed amendments by a 7-0 vote.
c. Justin Miller, City Administrator
Andrea McDowell Poehler, City Attorney
ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 3-22-7.B.1 of the Lakeville City Code (Dynamic Display
Signs – Performance Standards) is hereby amended to read as follows:
1. Change Of Display: The display shall change display not more often than
once every seven (7)fifteen (15) seconds.
Section 2. Section 4-2-2 of the Lakeville City Code (Required Collection of
Mixed Municipal Solid Waste and Recyclable Material) is hereby amended to read as
follows:
4-2-2: REQUIRED COLLECTION OF MIXED MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIAL:
Every single family, two-family, and detached townhouse household must be under a contract for
collection of mixed municipal solid waste at least once every two (2) weeks with a licensed hauler.
Every townhouse or multiple family household and commercial/industrial/institutional establishment
must be under a contract for at least weekly collection of mixed municipal solid waste with a licensed
hauler. Every household must be under contract for at least biweekly collection of recyclable
material. A household in a multi-dwelling property is considered to be under a collection contract if
the owner, association or management entity has a contract with a licensed garbage hauler.
Section 3. Section 11-17-11.A.2 of the Lakeville City Code (Yards - Terraces,
steps, decks, stoops or similar structures) is hereby amended include the following
provision:
c. Except as may be limited within environmental protection
districts, the required rear yard setbacks for steps, decks,
and stoops that are more than thirty inches (30") above
grade shall be twenty feet (20’).
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Section 4. Section 11-18-7 of the Lakeville City Code (Accessory Buildings –
Single and Two Family Uses) is hereby amended to include the following provision:
I. Sewer Connection. There shall be no connection to sanitary sewer or
private on-site septic systems from any detached accessory building.
Section 5. Section 11-21-9.E.1.c of the Lakeville City Code (Required
Landscaping – Residential Buffer Yards) is hereby amended to read as follows:
c. For lots preliminary platted after February 16, 1999,
the following principal building setback requirements
shall apply to the yard of a lot abutting a major
collector or arterial street:
RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 RM-1 RM-2 RH-1 RH-2
Side yard 40' 40' 30' 30' 30' 30' 50' 50' 50' 50'
Rear yard 50' 50' 50' 50' 50' 50' 50' 50' 50' 50'
Section 6. Section 11-23-15.X.1 of the Lakeville City Code (Signs – General
Standards) is hereby amended to read as follows:
1. Permanent Signs: One sign shall be allowed for a
subdivision having not less than three (3) lots or principal
buildings at its entrance from a major collector or arterial
street defined by the Lakeville transportation plan provided
that:
a. The area of the face of each sign shall not exceed
one hundred (100) square feet.
b. Freestanding signs shall be limited to a maximum
height of:
(1) Ten feet (10') for residential uses.
(2) Twenty feet (20') for commercial, industrial and
institutional uses.
c. The sign(s) shall be located to accommodate said
sign and related landscaping to meet all setback
requirements. If the sign(s) is to be located on outlots,
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the outlots shall be designated on the preliminary plat
and detailed plans for the area identification signs
shall be submitted with the final plat.
d. The area around the sign shall be landscaped in such
a manner to accent and enhance the sign while
remaining sensitive to the natural features of the site.
Detailed site and landscape plans shall be included
with each sign permit application and shall be subject
to review and approval of the zoning administrator.
e. The design and construction of the sign shall be done
with the highest quality materials and workmanship to
keep maintenance and upkeep costs to a minimum
and to minimize the potential for vandalism. The signs
are to be aesthetically pleasing when designed and
constructed. The sign shall be compatible with nearby
structures in the area. Detailed construction plans and
a materials list shall be included with each sign permit
application and shall be subject to the review and
approval of the zoning administrator.
f. The sign may be illuminated but only an external light
source shall be allowed within residential districts.
Section 7. Section 11-23-19.B.1 of the Lakeville City Code (Signs – District
Regulations) is hereby amended to read as follows:
1. Government buildings and structures, public, quasi-public or
private recreation buildings, public parks and recreation
areas, public and private educational institutions limited to
accredited elementary, middle or senior high schools,
daycare facilities as a principal use, and religious institutions
such as churches, chapels, temples and synagogues shall
be allowed the following signs:
a. Freestanding Sign:
(1) Number Allowed: One sign is allowed per lot,
except that one additional sign shall be allowed
when there is more than one entrance from a
major collector or arterial street.
(2) Area: The area of each sign may not exceed
one hundred (100) square feet per sign face.
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(3) Monument Type; Height: The sign shall be a
monument type with a maximum height not to
exceed ten feet (10').
(4) Changeable Copy Signs: Within the allowed
area of a freestanding sign, a maximum of forty
(40) square feet of nonelectronic changeable
copy shall be allowed per frontage to a major
collector or arterial street.
b. Wall, Canopy, Or Marquee Signs:
(1) For single occupancy buildings, not more than
one sign larger than one hundred (100) square
feet shall be allowed on one elevation fronting
a public street, except in the case of a corner
lot or through lot where one additional one
hundred (100) square foot wall sign may be
installed on a second elevation fronting a
public street.
(2) Additional signs not to exceed forty eight (48)
square feet shall be allowed for each building
entrance.
Section 8. Section 11-23-19.B of the Lakeville City Code (Signs – District
Regulations) is hereby amended to include the following provision:
2. Multiple Family Apartments:
a. Freestanding Sign: One monument sign is allowed per lot
not to exceed fifty (50) square feet each side with a
maximum height of ten feet (10').
b. Wall, Canopy, Or Marquee Sign: Not more than one (1) wall,
canopy, or marquee sign with an area not to exceed fifty (50)
square feet shall be allowed on one (1) elevation fronting a
public street, except in the case of a corner lot or through lot
where wall signs may be installed on two (2) elevations
fronting a public street or on an elevation with the primary
entrance.
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Section 9. Section 11-27-3 of the Lakeville City Code (Model Homes) is hereby
amended to read as follows:
11-27-3: QUALIFICATION:
To qualify for a building permit for a model home, which may include a
temporary real estate office, the following shall be required:
A. The total number of model homes allowed shall not exceed the
greater of two (2) buildings or ten percent (10%) of the lots within
the final plat.
AB. Upon receipt of final plat approval and recording, building permits
may be issued for model homes and/or temporary real estate
offices provided that the number of model homes and/or temporary
real estate offices shall not exceed the lesser greater of one (1) per
homebuilder buildings or ten percent (10%) of the lots within the
final plat prior to infrastructure improvements, including the first lift
of asphalt, being completed and approved by the City Engineer.
BC. No certificate of occupancy shall be issued for a model home
and/or temporary real estate office until the infrastructure
improvements including the first lift of asphalt have been completed
and approved by the city engineer.
Section 10. Section 11-31-5.E of the Lakeville City Code (Daycare Facilities –
General Provisions) is hereby amended to read as follows:
E. Loading: One off street loading space in compliance with chapter
20 of this title shall be provided All deliveries shall occur at such a
time as to not conflict with customer or employee access to the
building and parking demand, and all loading and maneuvering
shall be accomplished on private property.
Section 11. Section 11-45-1.B of the Lakeville City Code (General Zoning
District Provisions – Establishment of Districts) is hereby amended to read as follows:
B. Residential districts:
RS-1, Single-family residential district
RS-2, Single-family residential district
RS-3, Single-family residential district
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RS-4, Single-family residential district
RS-CBD, Single-family residential - central business district
RSMH, Single-family manufactured home park district
RST-1, Single- and two-family residential district
RST-2, Single- and two-family transitionresidential district
RM-1, Medium-density residential district
RM-2, Medium-density residential district
RH-1, Multiple-family residential district
RH-2, Multiple-family residential district
Section 12. Title 11, Chapter 57 of the Lakeville City Code, RST-2, Single and
Two Family Transition District shall be retitled as RST-2, Single and Two Family
Residential District.
Section 13. Section 11-86-7 of the Lakeville City Code (I-1 District – Conditional
Uses) is hereby amended to include the following provisions:
O. Waste and Recycling Transfer Stations:
1. No transfer station shall operate without a license or permit
required therefor by any county or state agency or
department having jurisdiction over any solid waste transfer
system and no transfer system shall operate in violation of
any term or condition of a license or permit required
therefore by any county or state agency or department.
2. The property shall abut and be accessed from an arterial
roadway.
3. Hours of operation shall be seven o'clock (7:00) A.M. and
seven o'clock (7:00) P.M. Monday through Friday, unless
otherwise limited or extended by the City Council.
4. All transfer operations shall be conducted within the principal
building and shall not produce any adverse noise, glare,
fumes, odor, obnoxious products, byproducts, litter, waste or
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other nuisance impacts, and shall not include the handling,
transfer, processing, or storage of hazardous, infectious, or
pathological waste or cconstruction and demolition debris.
5. Outside storage incidental to the principal use is limited to
thirty percent (30%) of the gross floor area of the principal
building and shall comply with the performance standards of
11-86-9.C of this Title.
6. The transfer station and the property on which it is located
shall be open at all times for inspection by the city, county,
and state.
Section 14. Section 11-87-7 of the Lakeville City Code (I-2 District – Conditional
Uses) is hereby amended to include the following provisions:
O. Waste and Recycling Transfer Stations:
1. No transfer station shall operate without a license or permit
required therefor by any county or state agency or
department having jurisdiction over any solid waste transfer
system and no transfer system shall operate in violation of
any term or condition of a license or permit required
therefore by any county or state agency or department.
2. The property shall abut and be accessed from an arterial
roadway.
3. Hours of operation shall be seven o'clock (7:00) A.M. and
seven o'clock (7:00) P.M. Monday through Friday, unless
otherwise limited or extended by the City Council.
4. All transfer operations shall be conducted within the principal
building and shall not produce any adverse noise, glare,
fumes, odor, obnoxious products, byproducts, litter, waste or
other nuisance impacts, and shall not include the handling,
transfer, processing, or storage of hazardous, infectious, or
pathological waste or cconstruction and demolition debris.
5. Outside storage incidental to the principal use is limited to
thirty percent (30%) of the gross floor area of the principal
building and shall comply with the performance standards of
11-86-9.C of this Title.
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6. The transfer station and the property on which it is located
shall be open at all times for inspection by the City, County,
and State.
Section 15. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this ______ day of
______________, 2017.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk