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HomeMy WebLinkAbout0913ORDINANCE NO. 913 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 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. 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 N 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. 7 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 RHA 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. E 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. rol 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 4th day of November, 2013, by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE ATTEST: BY: t Little, MaFor Charlene Friedges, C Clerk 9 SUMMARY ORDINANCE NO. 913 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 BY: att LittleMayor ATTEST: AFFIDAVIT OF PUBLICATION. STATE OF MINNESOTA ) ss COUNTY OF DAKOTA Tonya Orbeck being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: STW Lakeville and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 11/15/2013 and the last insertion being on 11/15/2013. Authorized Agent Subscribed and sworn to or affirmed before me on 11/15/2013. Notary Public ERICA MARIE WILSON Notary Public -Minnesota My Commission Expires Jan 31, 2016 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 52775 CITY OF LAKEVILLE -DAKOTA COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 913 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 admin- istrative 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 Ad- ministrative Permit) Section 71-7 (C-1 District Conditional Uses) Section 71-11 (C-1 District Uses By Ad- ministrative Permit) Section 72-7 (C-2 District Conditional Uses) Section 72-11 (C-2 District Uses By Ad- ministrative Permit) Section 73-7 (C-3 District Conditional Uses) Section 73-11 (C-3 District Uses By Ad- ministrative Permit) Section 74-7 (C -CBD District Condi- tional 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 4th day of November, 2013 CITY OF LAKEVILLE BY: Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Published in Lakeville November 15, 2013 52775