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HomeMy WebLinkAbout10-17-13CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 17, 2013 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Jason Swenson, Linda Maguire, Vice Chair Bob Boerschel, Chair Brooks Lillehei, Gerry Grenz, Karl Drotning, Ex- officio Shawn Fitzhenry Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 5, 2013 Planning Commission meeting minutes were approved as presented. The October 3, 2013 Planning Commission Work Session meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that John Tonsager, owner of Better Bedliners, (Agenda Item 5) has requested that his conditional use permit and interim use permit applications be tabled at tonight's Planning Commission meeting. Mr. Morey indicated that the business owner is requesting additional time to consider alternate building designs for his proposed expansion. Mr. Morey reminded the Planning Commission of the work session immediately following tonight's meeting. Chair Lillehei asked for a motion to table Agenda Item 5. Motion was made by Drotning, seconded by Boerschel to table Agenda Item 5. Ayes: Swenson, Boerschel, Lillehei, Maguire, Grenz, Drotning Nays: 0 5. 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 amendments 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 living (along 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. • Eliminate 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. • Senior assisted living uses will be subject to the same exterior building requirements as applicable to buildings in the RH -1 District. Mr. Licht 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 creating property maintenance and public nuisances issues. Mr. Licht stated that currently the Zoning Ordinance does not allow unattended donation boxes. He 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 Drotning 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 setback required by the Zoning Ordinance but would have to be located adjacent to the principal building. • Commissioner Grenz 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, Planning Commission Meeting Minutes, October 17, 2013 Penny Bre d Recor ing Secretar ATTEST: Brooks Lillehei, Chair Page 4