HomeMy WebLinkAboutItem 06.k
Date: Item No.
ORDINANCE AMENDING TITLE 11 (ZONING) OF THE CITY CODE
CONCERNING MODEL HOME SIGNS
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 11 of
the City Code.
Overview
The Planning Commission and staff are recommending approval of an ordinance amending Title 11 of
the City Code (the Zoning Ordinance) concerning model home signs. The intent of the proposed
ordinance is to remove any ambiguity requiring the placement of temporary signs for model homes on
the lot with the model home. The Planning Commission held a public hearing on the Zoning Ordinance
amendment at their November 21, 2019 meeting and unanimously recommended approval. There was
no public comment.
Primary Issue to Consider
None
Supporting Information
• Ordinance amending Title 11 of the City Code
• November 21, 2019 draft Planning Commission meeting minutes
• November 5, 2019 planning report
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
December 2, 2019
Zoning Ordinance
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 11-23-15.X.2.b of the Lakeville City Code (Signs – General
Provisions) is hereby amended to read as:
b. Model homes as provided for by Chapter 27 of this title shall
be allowed the following signs to be installed upon the same
lot as the model home:
(1) One freestanding sign with a sign face not to exceed
thirty-two (32) square feet or a maximum height of eight
feet (8').
(2) Not more than three (3) flags with a maximum area of
sixteen (16) square feet per face per flag and maximum
height of twenty-four feet (24') shall be allowed upon
lots within the subdivision.
Section 2. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this 2nd day of
December 2019.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
2
ATTEST
BY: ________________________
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, November 21, 2018 Page 4
• Commissioner Drotning asked for clarification on the location of the deferred
parking. Mr. Dempsey responded that the majority of the deferred parking
spaces are located in the outdoor display areas.
• Commissioner Drotning asked if there was any thought to expanding the
parking further to the north. Mr. Dempsey responded that due to the
topography in this area, that would not be possible.
• Alternate Chair Lillehei wanted to recognize Dylan Blackshear for the project
narrative he submitted with the interim use permit application.
• Fencing the sales area in the parking lot was discussed but Mr. Mander
indicated that it would not make sense at this location. They do have cameras
and the parking lot is well lit.
• Commissioner Kelvie asked about the service department. Mr. Mander stated
that they have two bays. The service department mainly installs parts and
accessories on the RV’s that are sold inside their store.
Motion was made by Drotning, seconded by Witte to recommend to City Council
approval of the Gander Outdoors interim use permit to allow the outdoor display and
sales of recreational vehicles and equipment as an accessory use in the C-3, General
Commercial District, located at 16861 Kenyon Avenue, and adoption of the Findings
of Fact dated November 21, 2019, subject to the following seven stipulations listed in
the November 15, 2019 planning report:
1. Outdoor sales and display shall be restricted to the areas outlined on the approved
site plan and shall not exceed 30% of the floor area of the principal building.
2. Outdoor sales and display shall not block the building entrance and exit doors and
shall not impede access by emergency vehicles.
3. An amended parking deferment agreement shall be required for deferment of not
more than 142 parking spaces. The parking deferment shall be recorded with
Dakota County prior to commencing the outdoor sales and display of recreational
vehicles and equipment.
4. A Minnesota dealers license shall be obtained prior to commencing the sale of
recreational vehicles or equipment.
5. Signage shall be installed and maintained in compliance with Zoning Ordinance
requirements and subject to approval of a sign permit.
6. All landscaping shall be maintained and any dead material shall be replaced as
weather permits.
7. The interim use permit will terminate at such time that outdoor sales and display
of recreational vehicles and equipment is no longer occurring on the property.
Ayes: Majorowicz, Kelvie, Lillehei, Witte, Drotning, Swenson
Nays: 0
7. City of Lakeville
Alternate Chair Lillehei opened the public hearing to consider an amendment to Title
11 of the Lakeville City Code (the Zoning Ordinance) concerning subdivision signs.
Planning Commission Meeting Minutes, November 21, 2018 Page 5
Planning Director Daryl Morey presented the planning report. Mr. Morey stated that
questions have been raised as to whether the Zoning Ordinance provision that
establishes sign allowances for properties used for model home purposes within
developing subdivisions can be interpreted to permit installation of the allowed signs
off-premise from the model home lot.
Mr. Morey indicated that to remove any possible ambiguity regarding the permitted
location for signs allowed by the Zoning Ordinance, City staff has initiated an
amendment to Section 11-23-15.X.2.b of the Zoning Ordinance by proposing the
following amendment:
b. Model homes as provided for by Chapter 27 of this title shall be
allowed the following signs to be installed upon the same lot as the
model home:
Mr. Morey stated that the proposed amendment will clarify where the signs can be
installed and aid City staff in the administration of the Zoning Ordinance. City staff
recommends approval of the proposed Zoning Ordinance amendment, as presented.
Alternate Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Kelvie to close the public hearing
at 6:28 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Alternate Chair Lillehei asked for comments from the Planning Commission. The
Planning Commission agreed that this amendment made sense.
Motion was made by Swenson, seconded by Witte to recommend to City Council
approval of an amendment to Title 11 of the Lakeville City Code (the Zoning
Ordinance) concerning subdivision signs, as presented.
Ayes: Kelvie, Lillehei, Witte, Drotning, Swenson, Majorowicz
Nays: 0
There being no further business, the meeting was adjourned at 6:29 pm. The
Planning Commission immediately went into their work session.
Respectfully submitted,
Penny Brevig, Recording Secretary
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
PLANNING REPORT
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 5 November 2019
RE: Lakeville – Zoning Ordinance; Model home signs
TPC FILE: 135.01
BACKGROUND
Section 11-23-15.X.2.a of the Zoning Ordinance establishes sign allowances for properties used
for model home purposes within developing subdivisions. City staff has encountered questions
as to whether the provision of this section can be interpreted to permit installation of the
allowed signs off-premise from the model home lot. City staff has initiated an amendment to
the Zoning Ordinance to clarify the sign provisions for model homes as applying only to the
model home lot. A public hearing has been noticed for the Planning Commission meeting on
21 November 2019 to consider the proposed Zoning Ordinance amendment.
Exhibits:
Draft Zoning Ordinance amendment
ANALYSIS
Section 11-23-15.X.2 of the Zoning Ordinance, provided below, regulates temporary signs for
developing subdivisions. These provisions were modified on 17 May 2010 to provide for the
current allowance of temporary signs identifying the subdivision at collector and arterial street
frontages and allowance of temporary signs (and flags) at model home lots. This Section of the
Zoning Ordinance was recently amended on 5 August 2019 to allow for the signs to be placed at
the time of preliminary plat approval, not final plat approval as originally adopted in 2010.
2
2. Temporary Signs: Additional temporary signs shall be allowed upon
approval of a preliminary plat for a subdivision having not less than three
(3) lots or approval of site and building plans, a conditional use permit, or
an interim use permit for development of one (1) lot provided that:
a. One (1) sign shall be allowed per project or subdivision or one (1)
sign for each frontage to a collector or arterial street, whichever is
greater.
(1) The area of the sign face shall not exceed sixty-four (64)
square feet.
(2) Freestanding signs shall be limited to a maximum height of
eight feet (8').
b. Model homes as provided for by Chapter 27 of this title shall be
allowed the following signs:
(1) One freestanding sign with a sign face not to exceed thirty-
two (32) square feet or a maximum height of eight feet (8').
(2) Not more than three (3) flags with a maximum area of
sixteen (16) square feet per face per flag and maximum
height of twenty-four feet (24') shall be allowed upon lots
within the subdivision.
c. Unless extended by the zoning administrator, the temporary signs
and flags allowed by this section shall only be displayed for a period
not to exceed three (3) years from the date a permit is issued for
the sign or flag or until building permits have been issued for one
hundred percent (100%) of the lots within a final plat or subsequent
phases of the same preliminary plat of a subdivision.
The provision in question is Section 11-23-15.X.2.b of the Zoning Ordinance allowing signs for
model homes. Specifically, a builder is requesting to install the flags allowed by Section 11-23-
15.X.2.b(2) of the Zoning Ordinance to be installed within the subdivision but not on the model
home lot.
The interpretation of City staff and our office is that Section 11-23-15.X.2.a of the Zoning
Ordinance allows for subdivision identification signs to be installed at the perimeter of the
development abutting the subdivision. Section 11-23-15.X.2.b is specific to “Model homes as
provided for by Chapter 27…” indicating the signs are accessory to the development of a lot
within the subdivision for model homes. Moreover, Section 11-23-17.C of the Zoning
Ordinance prohibits the use of the signs allowed by Section 11-23-15.X.2.b of the Zoning
Ordinance as off-premises signs.
3
To remove any possible ambiguity regarding the permitted location for signs allowed by Section
11-23-15.X.2.b of the Zoning Ordinance, the following amendment is proposed:
b. Model homes as provided for by Chapter 27 of this title shall be
allowed the following signs to be installed upon the same lot as the
model home:
(1) One freestanding sign with a sign face not to exceed thirty-
two (32) square feet or a maximum height of eight feet (8').
(2) Not more than three (3) flags with a maximum area of
sixteen (16) square feet per face per flag and maximum
height of twenty-four feet (24') shall be allowed upon lots
within the subdivision.
CONCLUSION
The proposed amendment of Section 11-23-15.X.2.b of the Zoning Ordinance will provide a
more definitive statement of sign allowances for model homes and aid City staff in the
administration of the Zoning Ordinance. City staff and our office recommend approval of the
proposed Zoning Ordinance amendment as presented.
c. Justin Miller, City Administrator
Andrea McDowell-Poehler, City Attorney