HomeMy WebLinkAboutItem 07City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: November 1, 2019
Subject: Packet Material for the November 7, 2019 Planning Commission Meeting
Agenda
Item: Zoning Ordinance Amendment Concerning Outdoor Storage, Signs, and
Prohibited Animals
Background
Outdoor Storage – Staff has received complaints about lakeshore property owners who store
trailers adjacent to the lakeshore. In some cases, the trailer may be located adjacent to a
public trail that abuts the lakeshore. The proposed Zoning Ordinance amendment would
prohibit the storage of recreational vehicles and equipment, including trailers, within a
shoreland impact zone or a bluff impact zone. The proposed amendment also adds a
definition of watercraft and allows the storage of watercraft within a shoreland impact zone
or bluff impact zone.
Signs (O-R District) – The Park Nicollet medical office building is under construction in the
northwest quadrant of the CR 50/CR 60 roundabout. The property is zoned O-R,
Office/Residential Transition District. Section 11-23-19.C of the Zoning Ordinance allows two,
50-square foot wall signs for buildings on a corner lot. Park Nicollet representatives are
requesting two, 64-square foot wall signs and asked about applying for a variance. In
reviewing the ordinance, Planning Dept. staff and our planning consultant agree that there
are similarities between the O-R District and C-1 District with regards to signage and impacts
on adjacent properties. The C-1 District allows wall signs up to 64-square feet in area. Rather
than consider a variance in this case, staff and our planning consultant recommend that the
O-R District signage be included with the C-1 District signage requirements and the separate
O-R District signage section be eliminated.
Prohibited Animals – During a recent court action involving Mikayla Raines, the judge in the
case thought the City’s Zoning Ordinance wording regarding prohibited animals (Section
11-35-3.I) was ambiguous. The City Attorney’s office recommended that the case be dropped,
and the Zoning Ordinance wording be modified to remove any perceived ambiguity. The
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proposed changes to this section of the Zoning Ordinance are recommended by the City
Attorney.
Attachments
• Redlined ordinance
Recommendation
Staff recommends approval of an amendment to the Zoning Ordinance concerning outdoor
storage, signs, and prohibited animals.
ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 (ZONING), CHAPTERS 2, 22, 23, AND 35
OF THE LAKEVILLE CITY CODE CONCERNING OUTDOOR STORAGE, SIGNS,
AND PROHIBITED ANIMALS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
SECTION 1. Section 11-2-3 of the Lakeville City Code is hereby amended to
add a definition of Watercraft to read as follows:
WATERCRAFT: a vessel licensed for marine or waterborne use that has propulsive
capability whether by sail, oar, paddle or engine, and does not include a device that
merely floats.
SECTION 2. Section 11-22-5.A.2 of the Lakeville City Code is hereby amended
to read as follows:
2. Not more than two (2) licensed and operable recreational vehicles and
equipment, including open trailers used only for the storage and transport
of recreational vehicles and equipment, may be parked or stored on
property outside a building as follows:
a. In the front yard, provided they are kept on an established driveway,
entirely on the equipment or vehicle owner's property. Recreational
vehicles may not be parked or stored on public property or street
right-of-way.
b. In the side yard only when abutting an attached or detached garage,
provided that:
(1) The recreational vehicles and equipment are not closer than
five feet (5') from the side lot line and not within a required
buffer yard.
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(2) The area on which the recreational vehicle and equipment are
stored shall be surfaced with asphalt, concrete or paving
brick.
(3) The recreational vehicles and equipment within the side yard
of a corner lot abutting a public right-of-way are not closer than
twenty feet (20') from the property line.
c. In the rear yard not closer than ten feet (10') from the rear lot line,
and five feet (5') from the side lot lines. This exception shall not
include enclosed storage trailers or other trailers whose primary
purpose is to store items other than a recreational vehicle.
d. Except for watercraft as defined by this title, recreational vehicles and
equipment shall not be stored within a shoreland impact zone or bluff
impact zone, except for watercraft.
Section 3. Section 11-23-19 of the Lakeville City Code (Signs – District
Regulations) is hereby amended to read as follows, with subsequent subsections
renumbered accordingly:
C. Within the O-R District the following additional regulations shall apply:
1. Total Area and Number of Signs:
a. Freestanding Sign: One sign is allowed per lot. The area of a
freestanding sign may not exceed fifty (50) square feet each side
with a maximum height of twenty feet (20').
b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings,
not more than one wall, canopy, or marquee sign shall be
permitted on one elevation or in the case of a corner lot or through
lot where wall signs may be installed on two (2) elevations, except
no sign shall be installed on an elevation facing an interior side or
rear yard abutting a residential district. The area of individual
signs shall not exceed fifty (50) square feet.
DC. Within the O-R and C-1 Districts the following additional regulations shall
apply:
1. Total Area and Number of Signs:
a. Freestanding Sign: One sign is allowed per lot. The area of a
freestanding sign may not exceed fifty (50) square feet each side
with a maximum height of twenty feet (20').
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b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings,
not more than one wall, canopy, or marquee sign shall be
permitted on one elevation or in the case of a corner lot or through
lot where wall signs may be installed on two (2) elevations, except
no sign shall be installed on an elevation facing an interior side or
rear yard abutting a residential district. The area of individual
signs shall not exceed sixty-four (64) square feet.
2. Freeway Corridor Area: Signs for uses within the freeway corridor area
shall be subject to the regulations of subsection G of this section.
SECTION 4. Section 11-35-3.I of the Lakeville City Code is hereby
amended to read as follows:
I. Prohibited Animals: Except as approved prior to May 15, 2017, the following
animals shall not be kept within the City, except as associated with a Zoo
Program licensed by the State for a period of not longer than thirty (30) days:
1. No person shall keep, possess or otherwise allow the following animals
within the City, except pursuant to an exception provided under Section
11-35-3.I.2 of this title:
1.a. Any member of the cat family (felidae) including, but not limited to,
lions, tigers, cougars, bobcats, leopards and jaguars, but excluding
those recognized as domesticated house cats.
2.b. Any naturally wild member of the canine family (canidae) including,
but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but
excluding those recognized as domesticated dogs.
3.c. Any hybrid or crossbreeds between an animal defined in
subsections I1 or I2 of this section and a domestic animal and
offspring from all subsequent generations of those hybrids or
crosses, such as the crossbreed between a wolf and a dog.
4.d. Any member or relative of the rodent family including any skunk
(whether or not descented), raccoon, or squirrel, but excluding
those members otherwise defined or commonly accepted as
domesticated pets.
5.e. Any poisonous, venomous, constricting, or inherently dangerous
member of the reptile or amphibian families including, but not
limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and
alligators.
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6.f. Any other animal that is not explicitly listed above but which can be
reasonably defined by the terms of this section including, but not
limited to, bear, deer, non-human primates, and game fish.
2. Exceptions:
a. Pursuant to an interim use permit approved prior to May 15, 2017;
b. In association with a zoo program licensed by the State of
Minnesota for a period not longer than thirty (30) days; or
c. Animals in transit that are caged or kenneled.
Section 5. 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
______________ 2019.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk