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HomeMy WebLinkAboutItem 10 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 29 August 2018 RE: Lakeville – Zoning Ordinance; Freeway Corridor District wall signs TPC FILE: 135.01 BACKGROUND City staff has identified an error in the provisions of the Zoning Ordinance regulating the area of wall signs for commercial uses within the Freeway Corridor District. The Freeway Corridor District is an overlay district defined on the Zoning Map along the I-35 Corridor within which special sign allowances are provided for to increase visibility for vehicles on the interstate. The maximum area allowed for wall signs within the Freeway Corridor District was inadvertently reduced from 150 square feet to 100 square feet by Ordinance 816 approved on 7 February 2007, which is the same as allowed in the C-2 and C-3 Districts outside of the Freeway Corridor District. City staff has initiated a public hearing for the Planning Commission meeting on 6 September 2018 to consider a Zoning Ordinance amendment to correct the error. Exhibits:  Draft ordinance ANALYSIS Ordinance 816 adopted on 7 February 2007 was the result of a comprehensive revision of the Sign Ordinance included within the Zoning Ordinance. The comprehensive revision of the Sign Ordinance was undertaken to make the regulation of signs by the Zoning Ordinance content neutral in response to then recent court decisions. The amendment of the Sign Ordinance did not modify the number or area allowances for signs except as it pertained to codifying the sign allowances the City had provided for big-box commercial stores under PUD Districts. 2 Prior to adoption of Ordinance 816, wall signs within the Freeway Corridor District were allowed to be up to 150 square feet in area. Commercial uses within the C-2 and C-3 District outside of the Freeway Corridor District were (and currently still are) allowed a wall sign up to 100 square feet in area. Ordinance 816 amended Section 11-23-19.G.1.b(2) of the Zoning Ordinance to state that wall signs within the Freeway Corridor District are allowed a wall sign up to 100 square feet in area. City staff has reviewed the memorandums and draft ordinances presented to the Planning Commission and City Council as part of the study leading up to adoption of Ordinance 816. There is no reference to a purposeful change in the allowed area for wall signs in any of the documents. City staff has concluded that the amendment of the allowed area for a wall sign within the Freeway Corridor District was an unintended modification. A draft ordinance to amend Section 11-23-19.G.1.b(2) of the Zoning Ordinance to allow the area of a wall sign within Freeway Corridor District up to 150 square feet has been prepared to correct this issue. No other issues were identified in reviewing the Zoning Ordinance relative to the modifications made by Ordinance 816. CONCLUSION City staff recommends approval of the draft ordinance restoring the wall sign area allowance within the Freeway Corridor District to 150 square feet as allowed prior to adoption of Ordinance 816 on 7 February 2007. c. Justin Miller, City Administrator Andrea McDowell-Poehler, City Attorney 1 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 11-23-19.G.1.b(2) of the Zoning Ordinance is hereby amended to read as follows: (2) The area of individual signs shall not exceed one hundred fifty (100150) square feet, except as may be allowed by subsection G1b(3) of this section. Section 2. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this ______ day of _____, 2018. CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk