HomeMy WebLinkAboutItem 07I IN
October 31, 2013 r Item No.
ZONING ORDINANCE AMENDMENT
NOVEMBER 4, 2013 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending
Title 11 of the City Code (the Zoning Ordinance) and a summary ordinance for publication.
Passage of this motion will amend the Zoning Ordinance to allow certain types of senior housing
by conditional use permit, and unattended outdoor donation receptacles by administrative
permit, in commercial zoning districts.
Overview
The Planning Commission and Planning Department staff recommends approval of the attached
ordinance amending Title 11 of the City Code (the Zoning Ordinance) to allow certain types of
senior housing by conditional use permit, and unattended outdoor donation receptacles by
administrative permit, in commercial zoning districts. The proposed amendment, which was
prepared by planning consultant Daniel Licht of TPC, was discussed by the Planning Commission
at a work session held on August 22, 2013 and was based on input provided by representatives
of senior housing developments and owners of clothing donation boxes.
The Planning Commission held a public hearing on the proposed Zoning Ordinance amendment
at their October 17, 2013 meeting and recommended unanimous approval. There was no public
comment at the public hearing.
Primary Issues to Consider
• Can unattended outdoor donation boxes be located anywhere on a commercial property?
Supporting Information
• Staff analysis of issues
• Ordinance amending Title 11 of the City Code
• Summary ordinance for publication
• October 17, 2013 draft Planning Commission meeting minutes
• August 22, 2013 Planning Commission work session minutes
• nOctober 10, 2013 TPC memorandum
ryl Morey, P
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
Zoning Ordinance Amendment
November 4, 2013 City Council Meeting
Page 2
Staff Analysis of Issues
• Can unattended outdoor donation boxes be located anywhere on a commercial property?
At their August 22 " work session the Planning Commission expressed support for allowing
unattended outdoor donation boxes within commercial zoning districts only if strict
performance standards are implemented to ensure compatibility with the principal use
located on the commercial property. As such, the proposed amendment includes
performance standards that limit their number, size and location on a commercial property
and establishes signage, maintenance and owner contact information requirements to
prevent the unattended outdoor donation boxes from becoming a public nuisance.
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 (0 -R District
Conditional Uses) is hereby amended to read as follows:
O. Senior 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 (O -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.
i
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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have graffiti and otherwise 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. Nursing Homes, Residential Care Facilities, Continuing Care Retirement
Communities and Senior Housing with Services Establishments: Nursing
homes, residential care facilities, continuing care retirement communities
2
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 building materials shall be as required for
buildings in the RH -1 District.
5. All state statutes and rules governing 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
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.
9
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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have graffiti and otherwise 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 6. Section 11 -72 -7 of the Lakeville City Code (C -2 District
Conditional Uses) is hereby amended to add the following provisions:
V. Nursing Homes, Residential Care Facilities Continuing Care Retirement
Communities and Senior Housing with Services Establishments: Nursing
homes, residential care facilities, continuing care retirement communities
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 building materials shall be as required for
buildings in the RH -1 District.
4
5. All state statutes and rules governing 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 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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have graffiti and otherwise 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, Residential Care Facilities Continuing Care Retirement
Communities and Senior Housing with Services Establishments: Nursing
homes, residential care facilities, continuing care retirement communities
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 building materials shall be as required for
buildings in the RH -1 District.
5. All state 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.
6
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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have graffiti and otherwise 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, Residential Care Facilities Continuing Care Retirement
Communities and Senior Housing with Services Establishments: Nursing
homes, residential care facilities, continuing care retirement communities
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 building materials shall be as required for
buildings in the RH -1 District.
5. All state 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
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.
8
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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have graffiti and otherwise 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.
0
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
10
SUMMARY ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Title 11 of the Lakeville City Code. Amendments have been
made to the following sections of Title 11 (the Zoning Ordinance) that would allow certain types
of senior housing by conditional use permit, and unattended outdoor donation receptacles by
administrative permit, in commercial zoning districts:
Title 11 (Zoning Ordinance)
Section 2 -3 (Definitions)
Section 70 -7 (O -R District Conditional Uses)
Section 70 -11 (O -R District Uses By Administrative Permit)
Section 71 -7 (C -1 District Conditional Uses)
Section 71 -11 (C -1 District Uses By Administrative Permit)
Section 72 -7 (C -2 District Conditional Uses)
Section 72 -11 (C -2 District Uses By Administrative Permit)
Section 73 -7 (C -3 District Conditional Uses)
Section 73 -11 (C -3 District Uses By Administrative Permit)
Section 74 -7 (C -CBD District Conditional Uses)
Section 74 -11 (C -CBD District Uses By Administrative Permit)
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 4`
day of November, 2013.
CITY OF LAKEVILLE
IM
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
Item No. 3{�
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
October 17, 2013
Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City
The pledge of allegiance to the flag was given.
Membe Present: Jason Swenson, Linda Maguire, Vice Chair Bob Boerschel, Chair
Brooks LilfMei, Gerry Grenz, Karl Drotning, Ex- officio Shawn F.itzhenry
Members Abs t: Paul Reuvers
Others Present: D I Morey, Planning Director; Daniel Licht, he Planning Company;
and Penny Brevig, Re rding Secretary
3. Approval of the Meetin Minutes _
The September 5, 2013 Pla ing Commission- meeting minutes were approved as
presented.
The October 3, 2013 Planning- mission Work Session meeting minutes were
approved as presented.
4. Announcements
Mr. Morey state! that John Tonsager, 'owner o Better Bedliners, (Agenda Item 5)
has requested,,that his conditional use permit and terim use permit applications be
tabled at tonight's': Planning` Commission: rbeeting. Mr. Morey indicated that the
business .owner is requesting ad' `, i al time to co r alternate building designs
for his proposed. expansion.
Mr:__ Morey reminded the Planning Commission of the wor session immediately
following tonight's meeting.
Chair Lillehei asked fora motion to table Agenda Item 5.
Motion was'made by Drotning, seconded by Boerschel to table Agend tern 5.
Ayes: Swenson, Boerschel, Lillehei, Maguire, Grenz, Drotning
6. City of Lakeville
Chair Lillehei opened the public hearing to consider an amendment to Title 11
(Zoning Ordinance) of the Lakeville City Code that would allow certain types of
senior housing by conditional use permit and unattended outdoor donation boxes by
administrative permit in commercial zoning districts.
Planning Commission Meeting Minutes, October 17, 2013 Page 2
Daniel Licht presented the planning report. Mr. Licht stated that the Planning
Commission held a work session on August 22, 2013 to discuss two zoning related
items regarding senior housing and unattended donation boxes. Based on those
discussions, Mr. Licht was directed to prepare proposed amendments to the Zoning
Ordinance.
Regarding the senior housing portion of the proposed amendment, Mr. Licht stated
that 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. He indicated that because 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.
Mr. Licht explained the following proposed a_ mendments under ,the senior housing
section:
• Define senior assisted living uses in" accordance with the definitions used by
the Minnesota Department of Health 'outlined in State Statues regulating such
facilities.
• Expand the allowance of.senior assisted Irving (along with nursing homes and
residential care facilities) toy #he 1.,and C- 2 as well as the C -3 and C-
CBD Districts given the low intensity characteristics of such uses that would
be compatible with the otherdses allotiedan each these zoning districts.
• Eliminate the_ requirement that, side. �rard setbacks be doubled in that these
uses are not „sensitive to compatibility issues and proximity to activity within
the area is considered desirable.
• Senior assisted living uses will be.. subject to the same exterior building
requirements as applica' W"to buildings in the RH -1 District.
Mr. .Libht� stated that regarding unattended outdoor donation receptacles, City staff
has__ been receiving, requests from numerous organizations to locate donation
receptacles on properties within the city. Mr. Licht indicated that a number of these
donation receptacles have been placed on properties without City approval and are
creatihd; maintenance and public nuisances issues.
Mr. Licht stated tha #: currently the Zoning Ordinance does not allow unattended
donation boxes:.., HHe indicated that at the Planning Commission work session on
August 22, 2013 there was a discussion as to whether or not to allow the unattended
donation receptacles. It was concluded to allow one unattended outdoor 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.
Planning Commission Meeting Minutes, October 17, 2013
Page 3
• 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.
• 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.
Mr. Licht stated that Planning Department staff recommends approval of the
proposed amendments to the Zoning Ordinance as presented.
Chair Lillehei opened the hearing to the public for comment..
There were no comments from the audience...
Motion was made by Boerschel, seconded by Maguire to close the public
hearing at 6:08 p.m.
Ayes: Boerschel, Lillehei, Maguire, Grenz, Drotning, Swenson
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner._-Driithing asked, for,'clarification' regarding the location of the
donation receptacles and the applicability of setbacks. Planning Consultant
Licht explained that the donation receptacles cannot be within the building
setbackrequired bye the Zoning Ordinance but would have to be located
adjacent to the prir�cipa1 �40ding,
• CommissionerGferiz asked what happens if the principal building is built up
to' the - setback lines. Planning Consultant Licht responded that in such a
situation the: property would not be allowed to have an outdoor donation
receptacle.
Motion. "was made by- Maguire, seconded by Swenson to recommend to City
Council 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.
Ayes: Lillehei, Maguire, Grenz, Drotning, Swenson, Boerschel
Nays: 0
There being no further business, the meeting was adjourned at 6:11 p.m.
The Planning Commission immediately went into a work session.
Respectfully submitted,
CITY OF LAKEVILLE
PLANNING COMMISSION WORK SESSION MINUTES
August 22, 2013
Chair Lillehei called the work session to order at 8:50 p.m.
Members Present: Chair Brooks Lillehei, Vice Chair Bob Boerschel, Karl Drotning, Gerry
Grenz, Linda Maguire, Paul Reuvers, Jason Swenson, and ex- officio Shawn Fitzhenry
Members Absent: None
Staff Present: Planning Director Daryl Morey, Associate Planner Frank Dempsey, and
planning consultant Daniel Licht of TPC
Others Present: Don Maietta, Brian Winges, and Audrey McElwain, representing Heritage
Mill Senior Living; and Dan Lee with Highland Bank
Assisted Livina /Memory Care Senior Facilities in the C-3 Dis
Mr. Maietta, Mr. Winges, and Ms. McElwain presented the proposed Heritage Mill Senior
Care assisted living facility they would like to construct on vacant C -3 District property located
in the southeast quadrant of CSAH 46 and Kenyon Avenue. They described the locations of
the other Heritage Mill Senior Care assisted living facilities in the Twin Cities Metropolitan
Area. Their other facilities are all located along major roadway corridors with commercial and
office uses adjacent to, or in close proximity to, their assisted living facility.
Mr. Morey stated the Zoning Ordinance does not currently allow assisted living or memory
care facilities in the C -3 District. He stated that nursing homes are allowed by conditional use
permit in the C -3 District, but nursing homes are not being constructed in Minnesota
anymore. Assisted living and memory care facilities have a higher level of on -site care,
similar to a nursing home. In addition, the residents of assisted living and memory care
facilities do not have their own vehicles that they drive, as would be the case with an
independent living senior facility.
The Planning Commission concurred that assisted living and memory care facilities are
similar in nature to a nursing home and should be considered an appropriate use within the
C -3 District. City staff was directed to prepare an amendment to the Zoning Ordinance to
allow assisted living /memory care /continuing care facilities, subject to certain performance
standards, by conditional use permit in the C -3 District.
Planning Commission Work Session Minutes - August 22, 2013
Unattended Clothing Donation Boxes
Page 2
Mr. Dempsey stated that Planning Department staff is receiving an increasing number of
requests from both non - profit organizations and for - profit companies to place clothing
donation boxes on commercial, school and church properties. He stated that the Zoning
Ordinance does not specifically allow the donation boxes, which means they are prohibited
as stated in Section 11 -1 -9 of the Zoning Ordinance.
The Planning Commission expressed concerns about:
• Past history of unattended clothing donation boxes being illegally placed on various
commercial and institutional properties in the City.
• Past history of non - clothing items being left at unattended clothing donation boxes or
items left next to a donation box that is full creating a public nuisance.
• Potential enforcement problems for City staff having to deal with absentee owners of
the donation boxes.
• Compatibility with the allowed principal use of the property.
• Opportunities currently exist for the donation of clothing and other household items at
the Goodwill store near the Southfork Shopping Center and through curbside pick -up
by a variety of charitable organizations.
Chair Lillehei polled the Planning Commission on their support for amending the Zoning
Ordinance to allow unattended clothing donation boxes in the city.
• Yes, subject to strict performance standards: Boerschel, Reuvers, Grenz, and
Swenson
• No: Lillehei, Drotning, and Maguire
The Planning Commission members that were not in support of allowing the unattended
clothing donation boxes stated they may support a Zoning Ordinance amendment to allow
them in only in commercial districts and only if strict performance standards are implemented
to prevent the accumulation of clothes and unwanted items or waste outside the donation
box. Requirements that the donation boxes be located within close proximity to the front
entrance to the principal use on the property and that the property owner also be responsible
for addressing any nuisance issues was supported by all Planning Commission members.
The work session adjourned at 9:40 p.m.
spec ully s bmitt ed,
Daryl kyorey, Plarong Director
Brooks Lillehei, Chair
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC TPCC@PlanningCo.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 Assisted�- L :;,;g Housina with Services And Continuing Care
Retirement Communities: Senior housing with services and continuing
care retirement communities subject to the requirements of the RHA
district.
Section 3. Section 11 -70 -11 of the Lakeville City Code (O -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 (7')
feet in height.
6. Any sianaae shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure .
not have araffiti and otherwise free from damaae and in aood 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. Con_ tinuina Care Retirement
Communities and Senior Housing 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
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.
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
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 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 heiaht of the donation receptacle shall not exceed seven_ (7')
feet in height.
6. Any sianaae shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have araffiti and otherwise free from damaae and in aood 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 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 Retirement
Communities and Senior Housina 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 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 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
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 abuttina 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 (7')
feet in height.
6. Any signaae shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure .
not have araffiti and otherwise free from damaae and in aood 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_, And Residential Care Facilities, Continuing Care
Retirement Communities and Senior Housina with Services
Establishments Nursing homes., aPA-residential care facilities, continuing
care retirement communities and senior housing with services
establishments licensed by the Minnesota Department of Health provided
that:
Side and rear yards awe —deuble the mini iFements
established f °r this diGtFiGt and aFe 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.
4 All state laws and 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 propert y.
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. Reguired 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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7. The donation receptacle must be maintained so as to be secure,
not have araffiti and otherwise free from damaae and in aood 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 with Services
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:
2
3.
Side and rear yards are -double the Fni i Wire ;ts-
er,tahleshed fGF this diSt i G t and are shall be screened in compliance
with section 11 -21 -9 of this title.
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.
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.
4 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 acceptin_a 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 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 (7')
feet in height.
6. Any signage shall be affixed to the side(s) of 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 side of the donation receptacle.
7 The donation receptacle must be maintained so as to be secure .
not have araffiti and otherwise 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.
CITY OF LAKEVILLE
m.
ATTEST:
Matt Little, Mayor
Charlene Friedges, City Clerk
10