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HomeMy WebLinkAboutItem -1706TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCPPlanningCo.com MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP - DATE: 10 October 2013 RE: Lakeville — Zoning Ordinance TPC FILE: 336.01 — 13.01 BACKGROUND Item No. The Planning Commission at a work session on 22 August 2013 discussed two zoning related items regarding senior housing and unattended donation boxes. Based on the work session discussions, our office was directed to prepare amendments to the Zoning Ordinance for consideration at a public hearing on 17 October 2013. Exhibits: A. Draft Zoning Ordinance amendment ANALYSIS Senior Assisted Living. The City made allowance for senior assisted living and continuing care retirement communities within the O -R District and nursing homes and residential care facilities within the C-3 and C -CBD districts in the Zoning Ordinance amendment approved on 17 May 2010 that implemented the 2008 Comprehensive Land Use Plan. The uses allowed in the C-3 and C -CBD districts were limited to nursing homes and residential care facilities based on their more institutional type character opposed to residential character in terms of outdoor activity, potential compatibility issues and traffic generation. The City has been approached by different property owners regarding development of senior assisted living and memory care uses at locations within the C-3 District. Assisted living and memory care uses are licensed by the Minnesota Department of Health and are similar in character to that of nursing homes or residential care facilities in that residents do not have a significant amount of independence beyond the facility's services and thus should be considered similarly from a zoning perspective. In that the State is not licensing new nursing home facilities, senior assisted living has effectively replaced nursing homes and the City must update its Zoning Ordinance accordingly. The proposed Zoning Ordinance amendment would define senior assisted living uses in accordance with the definitions used by the Minnesota Department of Health outlined in State Statues regulating such facilities. City staff proposes to expand the allowance of senior assisted living (together with nursing homes and residential care facilities) to the C-1 and C-2 District as well as the C-3 and C -CBD Districts given the low intensity characteristics of such uses that would be compatible with the other uses allowed in each of these zoning districts. The performance standards for senior assisted living facilities are the same as would be applied to nursing homes and residential care facilities although City staff recommends eliminating the requirement that side yard setbacks be doubled in that these uses are not sensitive to compatibility issues and proximity to activity within the area is considered desirable. It is also recommended that these uses be subject to the same exterior building requirements as applicable to buildings in the RH-1 District. Donations Receptacles. City staff has been receiving requests from various organizations to locate donation receptacles on properties within the City. City staff has also identified a number of properties within the City on which these donation receptacles have been located, which have presented issues related to property maintenance and public nuisances due to the boxes being unattended and unrelated to the primary use of the property. The Zoning Ordinance currently does not make allowance for unattended donation boxes so they are considered to be prohibited by Section 11-1-9 of the Zoning Ordinance. The Planning Commission discussed at the 22 August 2013 whether or not to allow the donation receptacles subject to performance requirements that address potential issues regarding site functionality, compatibility and public nuisances. A majority of the Planning Commission favored the latter approach of allowing the uses but with performance requirements that the owner of the donation receptacle and property owner are responsible for compliance with. To this end, City staff has drafted language making allowance for one unattended donation receptacle as an administrative permit in the O -R, C-1, C-2, C-3 and C -CBD Districts subject to the following: ■ The donation receptacle is located on a concrete or asphalt surface directly adjacent to the principal building without interfering with parking, pedestrian access or site circulation. ■ The donation receptacle cannot have a footprint larger than 24 square feet or be taller than 7 feet. ■ Items are not allowed to be left outside of the donation receptacle and the property owner is required to provide for daily inspection to ensure compliance. 2 ■ Non-compliance with the requirements of the Zoning Ordinance and administrative permit could result in the termination of the administrative permit, which would require the removal of the donation receptacle. CONCLUSION Our office and City staff recommends approval of the proposed amendments to the Zoning Ordinance making allowances for senior housing and unattended donation boxes within commercial zoning districts in the form attached hereto. C. Frank Dempsey 3 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Section 11-2-3 of the Lakeville City Code is hereby amended to include the following definition: SENIOR HOUSING WITH SERVICES ESTABLISHMENT: As defined by Minnesota Statutes 144.D providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment. Section 2. Section 11-70-7.0 of the Lakeville City Code (O -R District Conditional Uses) is hereby amended to read as follows: O. Senior Assorted --[=Wigg Housing with Services And Continuing Care Retirement Communities: Senior housing with services and continuing care retirement communities subject to the requirements of the RH-1 district. Section 3. Section 11-70-11 of the Lakeville City Code (0-R District Administrative Permit) is hereby amended to add the following provisions: F Unattended outdoor receptacles for accepting donations to an organization as a secondary use: 1. There shall not be more than one (1) outdoor donation receptacle per property. 2. The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit. 3. The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and _ pedestrian circulation within the site or encroach into any: a. Public right -of --way. b. Required principal building setback. C. Required parking stall or drive aisle. d. Private pedestrian sidewalk reducing its width to less than three (3) feet. 4. The footprint of the donation receptacle shall not exceed twenty four (24) square feet. 5. The height of the donation receptacle shall not exceed seven (T) in height. 6. Any signage shall be affixed to the side(s) of the donation receptacle and shall not exceed fifty (50) percent of the area Der side of the donation receptacle: contact information for the owner shall also be displayed on at least one visible side of the donation receptacle. 7. The donation receptacle must be maintained so as to be secure, not have araffiti, and be free from damage and in good repair so as not to cause a public nuisance. 8. Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance. 9. Non-compliance with the requirements of this Section or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. Section 4. Section 11-71-7 of the Lakeville City Code (C-1 District Conditional Uses) is hereby amended to add the following provisions: L. Nursina Homes, Residential Care Facilities, Continuing Care Retirement Communities and Senior Housina with Services Establishments: Nursing homes, residential care facilities, continuina care retirement communities and senior housina with services establishments licensed by the Minnesota Department of Health provided that: 1 Side and rear yards shall be screened in compliance with section 11-21-9 of this title. 2 Only the rear yard shall be used for recreational areas. Said area 3 The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use. 4 The use of exterior building materials shall be as required for buildinas in the RH-1 District. 5 All state statutes and rules aovernina such uses are strictly adhered to and all required operating permits are secured. Section 5. Section 11-71-11 of the Lakeville City Code (C-1 District Administrative Permit) is hereby amended to add the following provisions: H Unattended outdoor receptacles for accepting donations to a non-profit oraaniza n as a secondary use: 1 There shall not be more than one (1) outdoor donation receptacle per property. 2 The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit. 3 The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal buildina and shall no impede vehicle and pedestrian circulation within the site or encroach into any: a. Public riaht-of-way. b. Required principal buildina setback. C. Required parking stall or drive aisle. d. Privatepedestrian sidewalk reducina its width to less than three (3) feet. 4. The footprint of the donation receptacle shall not exceed twenty four (24) square feet. 5. The heiaht of the donation receptacle shall not exceed seven (7') in height. -- 6. Any signage shall be affixed to the side(s) of the donation receptacle and shall not exceed fifty (50) percent of the area per side of the donation receptacle: contact information for the owner shall also be displayed on at least one visible side of the donation receptacle. 7 The donation receptacle must be maintained so as to be secure. not have graffiti, and be free from damage and in good repair so a$ not to cause a public nuisance. 8 Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance. 9. Non-compliance with the requirements of this Section or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. Section 6. Section 11-72-7 of the Lakeville City Code (C-2 District Conditional Uses) is hereby amended to add the following provisions: V. Nursina Homes Residential Care Facilities, Continuina Care Retiremen Communities and Senior Housing with Services Establishments: Nursing homes residential care facilities and senior housing with services establishments licensed by the Minnesota Department of Health provided that: _ -- 1. Side and rear yards shall be screened in compliance with section 11-21-9 of this title. 2 Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title. 3 The site shall be served by an arterial or collector street of sufficient_ capacity to accommodate traffic which will be generated by the use. 4. The use of exterior buildina materials shall be as required for buildinas in the RH-1 District. 5. All state statutes and rules aovernina such uses are strictly adhered to and all required operating permits are secured. Section 7. Section 11-72-11 of the Lakeville City Code (C-2 District Administrative Permit) is hereby amended to add the following provisions: H. Unattended outdoor receptacles for accepting donations to a non-profit organization as a secondary use: 1. There shall not be more than one (1) outdoor donation receptacle per property. 2. The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application tion_ for an administrative permit. 3. The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and pedestrian circulation within the site or encroach into any: a. Public right-of-way. b. Required principal building setback. C. Required parking stall or drive aisle. d. Private Dedestrian sidewalk reducing its width to less than three (3) feet. 4. The footprint of the donation receptacle shall not exceed twenty four (24) square feet. 5. The height of the donation receptacle shall not exceed seven (T) in hem - 6. Anv sianaae shall be affixed to the side(s) of the donation receptacle and shall not exceed fifty (50) percent of the area per side of the donation receptacle: contact information for the owner shall also be displaved on at least one visible side of the donation receptacle. 7 The donation receptacle must be maintained so as to be secure. not have araffiti. and be free from damage and in good repair so as not to cause a public nuisance. 8 Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance. 9. Non-compliance with the requirements of this Section or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. Section 8. Section 11-73-7.N of the Lakeville City Code (C-3 District Conditional Uses) is hereby amended to read as follows: N. Nursing Homes, Aad —Residential Care Facilities, Continuing Care Retirement Communities and Senior Housina with Services Establishments: Nursing homes, aad-residential care facilities, continuina care retirement communities and senior housina with services establishments licensed by the Minnesota Department of Health provided that: Side and rear yards aFe de ble +h - 1 roequ IF9 YGRtS oe+r.hlushed f` F +hie• di-Strin+ and �+rn shall be screened in compliance with section 11-21-9 of this title. 2. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title. 3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use. 4. The use of exterior building materials shall be as required for buildinas in the RH-1 District. 45. All state laws aad statutes and rules governing such uses are strictly adhered to and all required operating permits are secured. Section 9. Section 11-73-11 of the Lakeville City Code (C-3 District Administrative Permit) is hereby amended to add the following provisions: H Unattended outdoor receptacles for accepting donations to a non-profit organization as a secondary use: 1 There shall not be more than one (1) outdoor donation receptacle per property. 2 The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit. 3 The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and pedestrian circulation within the site or encroach into any: a. Public riaht-of-way. b. Required principal building setback. C. Required parking stall or drive aisle. d. Private pedestrian sidewalk reducina its width to less than three (3) feet. 4. The footprint of the donation receptacle shall not exceed twent four (24) square feet. 5 The heiaht of the donation receptacle shall not exceed seven (7') in height. 6 Any signage shall be affixed to the side(s) of the donation receptacle and shall not exceed fifty (50) percent of the area per side of the donation receptacle: contact information for the owner shall also be displayed on at least one visible side of the donation receptacle. 7 The donation receptacle must be maintained so as to be secure not have graffiti, and be free from damage and in good repair so as not to cause a public nuisance. 8 Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance. 9 Non-compliance_ with the requirements of this Section or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. Section 10. Section 11-74-7.N of the Lakeville City Code (C -CBD District Conditional Uses) is hereby amended to read as follows: N. Nursing Homes., And Residential Care Facilities Continuing Care Retirement Communities and Senior Housina withServices Establishments: Nursing homes., and -residential care facilities. continuing care retirement communities and senior housina with services establishments licensed by the Minnesota Department of Health provided that: Side and rear yards aTFe double the miniw,.,. . ents established f9F this di6tFiGt and shall be screened in compliance with section 11-21-9 of this title. 2. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title. 3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use. 4. The use of exterior buildina materials shall be as required for buildinas in the RH-1 District. 45. All state laws and statutes and rules governing such uses are strictly adhered to and all required operating permits are secured. Section 11. Section 11-74-11 of the Lakeville City Code (C -CBD District Administrative Permit) is hereby amended to add the following provisions: J Unattended outdoor receptacles for accepting donations to a non-profit oraanization as a secondary use: 1. There shall not be more than one (1) outdoor donation receptacle per property. 2 The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit. 3. The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and pedestrian circulation within the site or encroach jDto any: a. Public riaht-of-way. b. Required principal building setback. C. Required parking stall or drive aisle. d. Private pedestriansidewalk reducing its width to less than three (3) feet. 4 The footprint of the donation receptacle shall not exceed twenty four (24) square feet. 5 The heiaht of the donation receptacle shall not exceed seven (7') in hem 6 Any sianage shall be affixed to the side(s) of the donation receptacle and _shall not exceed fifty (50) percent of the area per side of the donation receptacle: contact information for the owner shall also be displayed on at least one visible side of the donation receptacle. 7 The donation receptacle must be maintained so as to be secure not have araffiti, and be free from damage and in good repair so as not to cause a public nuisance. 8 Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance. 9 Non-compliance with the requirements of this Section or any stipulations of approval may result in revocation of the administrative permit and require_ immediate removal of the donation receptacle. Section 12. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2013, by the City Council of the City of Lakeville, Minnesota. ATTEST: CITY OF LAKEVILLE BY: Matt Little, Mayor Charlene Friedges, City Clerk 10