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HomeMy WebLinkAboutWork session MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 29 December 2016 RE: Lakeville – Zoning Ordinance TPC FILE: 135.01 BACKGROUND The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision Ordinance and/or City Code to address issues identified in the course of ongoing administration of the City’s development regulations and review of development applications. A work session has been scheduled for 5 January 2017 to discuss the list of topics compiled by City staff in 2016 and receive direction from the Planning Commission as to possible amendments. Exhibits: A. Electronic Variable Message Signage Issues Paper from the FHWA B. Memorandum dated June 23, 2016 regarding Temporary Health Care Dwellings C. U of M Survey of Bee Keeping Ordinances D. December 22, 2016 e-mail concerning honey bees ANALYSIS Dynamic Display Signs. The City adopted zoning ordinance and business licensing standards for the placement and operation, respectively of dynamic display signs in 2012. Regulations on the area, height, construction and location of dynamic display signs are established by Section 11-23-15.T.2 of the Zoning Ordinance and regulations for the operation of the signs, including the type of electronic display and rate of change are established by Section 3-22-7 of the City Code administered as a business license. These provisions were reviewed again in 2016 and the rate of change for electronic signs was reduced by the City Council from once every 60 2 seconds to once every seven seconds based in large part on information from the United States Sign Council (USSC), which is a representative of the sign industry, submitted by a local business owner. The Planning Commission recommended to the City Council that the rate of change be reduced to once every 30 seconds due to traffic safety and community aesthetic concerns with the potential for multiple dynamic display signs located in close proximity along major commercial corridors. At their 21 March 2016 meeting, the City Council directed that the Planning Commission again review the operational regulations for dynamic display signs with the next Zoning Ordinance update. The function of the requirement for a single display frame and time limit is based on recommendations of the attached Federal Highway Administration (FHWA) report entitled Issues in the Regulation of Commercial Electronic Message Signage (CEVMS). The FHWA report states that regulations for dynamic display signs should minimize the visual attention that a driver of a vehicle passing the sign will need to observe the sign in order to minimize potential impacts to traffic safety. Because the City Code allows dynamic display signs to include both text and graphics, there is a wide range of information that could be conveyed by the sign by each individual user. A message that includes animation versus the current allowance of a static display will require greater visual attention of a driver for a longer period of time, referred to as the total length of the information cycle, and increase the potential impacts to traffic safety. The FHWA recommends that animation or scrolling displays be prohibited. The effectiveness of any sign will be based on its legibility for the viewer to make out symbols and readability for the viewer to understand what the sign is communicating. As such, the FHWA also recommends that the rate of change for electronic signs displaying three lines of text be no less than once every 15 seconds. Requiring use of static displays was a primary concern of the Planning Commission when it recommended the allowance of dynamic display signs in 2012 and when it reviewed the performance standards in 2016. Deck setbacks. The City has seen an increasing number of proposals for decks attached to the principal dwelling that would encroach into the required rear yard setback. The minimum rear yard setback for single family dwellings within the RS-1, RS-2, RS-3 and RS-CBD District is 30 feet. The minimum rear yard setback for the RS-4 District is 20 feet following an amendment in 2015 to reduce the required setback from 30 feet. The purpose of the rear yard setback is to allow for separation of principal dwellings across rear yards and provide usable open space for outdoor recreation. In that an attached deck provides for usable outdoor space accessory to the principal dwelling, allowing a deck to encroach into the rear yard where a 30 foot setback is currently required is appropriate. City staff proposes the following amendment to Section 11- 17-11.A of the Zoning Ordinance: 2. Terraces, steps, decks, stoops or similar structures: a. For lots of record or preliminary platted lots established prior to March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops or similar structures constructed to the height of the ground floor of the principal structure may extend up to five 3 feet (5') of a side yard lot line or ten feet (10') of a rear yard lot line, but not more than five feet (5') into a required front yard or side yard adjacent to a public right of way. b. For lots of record or preliminary platted lots established after March 17, 2003: Except as may be limited within environmental protection districts the required side yard and rear yard setbacks for terraces, steps, decks, and stoops that are thirty inches (30") or less above grade shall be: (1) Side yard: Five feet (5'), but not encroaching more than five feet (5') into the required side yard adjacent to a public right of way. (2) Rear yard: Ten feet (10'). c. Except as may be limited within environmental protection districts, the required rear yard setbacks for steps, decks, and stoops that are more than thirty inches (30") above grade shall be twenty feet (20’). Unsewered Lots. Section 11-17-19 of the Zoning Ordinance establishes a minimum 10 acre area requirement for lots were public sewer is not available. The minimum area requirement, together with a minimum lot width requirement of 300 feet, for unsewered lots was adopted by the City on November 7, 1977. Any lot existing upon this date with an area or width less than required by the City ordinance would be regulated as a non-conforming lot. However, until the early 1980s, Dakota County would allow a property owner to subdivide a parcel by submitting a survey and legal description without requiring verification of City approval. At least one lot, PID 22-13600-00-43 located south of the Lakeville/Burnsville boundary and west of Judicial Road owned by Mr. Glenn Klotz, was subdivided in 1980 without complying with the minimum lot standards adopted by the City, which results in a forfeit of the property’s legal non-conforming status. In order to address the past actions of recording subdivisions without City approval, City staff recommends amending the effective date of the minimum area requirement for unsewered lots as follows: 2. The minimum lot size of ten (10) acres shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to November 7, 1977January 1, 1984, provided that they comply with minimum standards for the district in which they are located or Chapter 15 of this Title and that it can be demonstrated by means satisfactory to the City that the smaller parcels will not result in groundwater, soil or other contamination which may endanger the public health. 4 Accessory Buildings - Number. Section 11-18-7.A of the Zoning Ordinance limits the number of detached accessory buildings for single family uses to one plus an attached or detached garage. Exceptions to this limit are allowed by conditional use permit. In that many single family lots will include a play structure, gazebo or similar open structure, the limit on the number of accessory buildings would require a property owner to undertake the time and expense of a conditional use permit process to be able to have a storage shed. City staff recommends amending the Zoning Ordinance to allow for a second accessory structure on a lot without approval of a CUP provided that the structure is open and less than 200 square feet in area: A. Conditional Use Permit Required: No building permit shall be issued for the construction of more than one detached accessory building on a single parcel in addition to one private garage (attached or detached), except by conditional use permit. Number Allowed: 1. There shall not be more than one (1) detached accessory building larger than two hundred (200) square feet on a lot in addition to one (1) attached or detached garage. 2. One (1) unenclosed structure, such as play equipment or a gazebo, with a footprint less than two hundred (200) square feet shall be allowed in addition to the number of accessory buildings allowed by Section 11-18-7.A.1 of this Chapter. 3. Accessory buildings greater than allowed by this Section may be allowed by approval of a conditional use permit. Accessory Buildings – Sewer. City staff is asking the Planning Commission to consider a provision added to Section 11-18-7 of the Zoning Ordinance prohibiting a sanitary sewer connection to detached accessory buildings for single family uses. Access to sanitary sewer increases the potential intensity of the use of the accessory building in a manner that may be in conflict with the allowed uses of the Zoning Ordinance or in a way that increases potential compatibility issues with adjacent properties. I. Sewer Connection. There shall be no connection to sanitary sewer or private on-site septic systems from any detached accessory building. Buffer Yard Setbacks. Section 11-21-9.E. of the Zoning Ordinance establishes provisions for residential buffer yards adjacent to arterial and major collector roadways. The residential buffer yards require increased lot width or depth, setbacks and screening intended to offset the impacts of traffic along major roadways to the residential use. City staff recommends that the regulations be clarified that the setback requirements apply to the principal building and not to any accessory use that may be located in a side or rear yard abutting the major roadway. This 5 amendment will allow property owners maximum utilization of their lot, while maintaining consistency with the intent of the buffer yard requirements. c. For lots preliminary platted after February 16, 1999, the following principal building setback requirements shall apply to the yard of a lot abutting a major collector or arterial street: RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 RM-1 RM-2 RH-1 RH-2 Side yard 40' 40' 30' 30' 30' 30' 50' 50' 50' 50' Rear yard 50' 50' 50' 50' 50' 50' 50' 50' 50' 50' Residential Subdivision Signs. Pulte Homes has requested that the City review the provisions for residential subdivision signs as they relate to their Linden Ridge subdivision located at 205th Street and Hamburg Avenue. Section 11-23-15.X.1 of the Zoning Ordinance allows installation of a permanent monument sign at a subdivision entrance from a major collector or arterial street designated by the Comprehensive Plan. For this subdivision, the entry is from roadways designated as a minor collector street. City staff recommends amending Section 11-23-15.X.1 of the Zoning Ordinance to remove the reference to “major”, thus allowing such signs at entries from both minor and major collector streets: 1. Permanent Signs: One sign shall be allowed for a subdivision having not less than three (3) lots or principal buildings at its entrance from a major collector or arterial street defined by the Lakeville transportation plan provided that: a. The area of the face of each sign shall not exceed one hundred (100) square feet. b. Freestanding signs shall be limited to a maximum height of: (1) Ten feet (10') for residential uses. (2) Twenty feet (20') for commercial, industrial and institutional uses. c. The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) is to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification signs shall be submitted with the final plat. d. The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and 6 landscape plans shall be included with each sign permit application and shall be subject to review and approval of the zoning administrator. e. The design and construction of the sign shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the zoning administrator. f. The sign may be illuminated but only an external light source shall be allowed within residential districts. Daycare Signs. Commercial daycare centers are allowed in residential zoning districts as a conditional use subject to the performance standards established by Chapter 31 of the Zoning Ordinance. These facilities have need for business identification signs, but Section 11-23- 19.B.1 of the Zoning Ordinance regulating signs does not include allowances for daycare centers. City staff proposes the following amendment to allow daycare centers to display wall and freestanding signs for business identification purposes. The reference to daycare facilities as a principal use makes the provision applicable only to those uses that operate outside of a single family dwelling as an accessory use permitted by State Statute within these same zoning districts. 1. Government buildings and structures, public, quasi-public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, daycare facilities as a principal use, and religious institutions such as churches, chapels, temples and synagogues shall be allowed the following signs: a. Freestanding Sign: (1) Number Allowed: One sign is allowed per lot, except that one additional sign shall be allowed when there is more than one entrance from a major collector or arterial street. (2) Area: The area of each sign may not exceed one hundred (100) square feet per sign face. 7 (3) Monument Type; Height: The sign shall be a monument type with a maximum height not to exceed ten feet (10'). (4) Changeable Copy Signs: Within the allowed area of a freestanding sign, a maximum of forty (40) square feet of non-electronic changeable copy shall be allowed per frontage to a major collector or arterial street. b. Wall, Canopy, or Marquee Signs: (1) For single occupancy buildings, not more than one sign larger than one hundred (100) square feet shall be allowed on one elevation fronting a public street, except in the case of a corner lot or through lot where one additional one hundred (100) square foot wall sign may be installed on a second elevation fronting a public street. (2) Additional signs not to exceed forty eight (48) square feet shall be allowed for each building entrance. Multiple Family Dwelling Signs. Signs are commonly placed for multiple family buildings to identify the development. For multiple family buildings within the RH-1 and RH-2 Districts, signs are regulated by Section 11-23-19.B of the Zoning Ordinance and do not include allowances for wall or freestanding signs. Multiple family buildings within the O-R District are allowed to have one wall sign up to 50 square feet facing a public street, or second elevation facing a public street for a corner lot, and/or a freestanding sign up to 50 square feet and 20 feet in height. City staff recommends amending Section 11-23-19.B of the Zoning Ordinance to include a sign allowance for multiple family buildings within the RH-1 and RH-2 Districts as follows: 2. Multiple Family Apartments: a. Freestanding Sign: One monument sign is allowed per lot not to exceed fifty (50) square feet each side with a maximum height of ten feet (10'). b. Wall, Canopy, Or Marquee Sign: Not more than one (1) wall, canopy, or marquee sign with an area not to exceed fifty (50) square feet shall be allowed on one (1) elevation fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations fronting a public street or on an elevation with the primary entrance. 8 Commercial Wall Signs. PetSmart recently received approval of a PUD Development Stage Plan to construct a 18,000 square foot retail building within Spirit Place of Brandtjen Farm. The SBF PUD District and PUD Development Stage Plan for Spirit Place of Brandtjen Farm provides for signs as allowed for uses within the C-3 District. Section 11-23-19.E.1.b of the Zoning District establishes wall sign allowances for single occupancy commercial uses within the C-3 District as follows:  Buildings < 45,000 square feet: o One sign is allowed on one wall facing a public street for interior lots, or one sign may be installed on two walls facing a public street for corner lots. o Maximum area of any wall sign is 100 square feet.  Buildings > 45,000 square feet: o One sign is allowed on one wall facing a public street for interior lots, or one sign may be installed on two walls facing a public street for corner lots. o Maximum area of one wall sign is 440 square feet; an additional wall sign for a second wall facing a public street is allowed a maximum area of 200 square feet. o Secondary wall signs up to 144 square feet with maximum area of 72 square feet for any one sign are allowed on one wall facing a public street or the elevation that is the primary building entry. The basic sign allowances for uses within the C-3 District balance the need for business identification with community preferences regarding traffic safety and aesthetics. The sign provisions for uses 45,000 square feet or more were developed based on a review of signs allowed within PUD Districts for large box retail uses, such as grocery stores, that in addition to their core business include secondary uses such as a pharmacy or coffee shop. During consideration of the PetSmart PUD Development Stage Plan, the applicant requested consideration of allowing a wall sign on a third wall of their building and an increase in the allowed area of the individual wall signs. The Planning Commission recommended and the City Council approved the PUD Development Stage Plan with a condition that the signs comply with the allowances specified for C-3 District uses. Compliance with C-3 District sign provisions is appropriate in that the PetSmart location is not unique with frontage to a public street and a shared private driveway. Flexibility from the C-3 District sign provisions as part of the PUD Development Stage Plan for PetSmart would not be consistent with the intent of the Zoning Ordinance. PetSmart has subsequently submitted an application for a PUD Development Stage Plan amendment to allow a 147 square foot wall sign to be installed on the south (front), north 9 (rear), and east (side) elevations of the principal building exceeding both the number and area limits for wall signs established by the PUD District. PetSmart states that the amendment is necessary for the signs to comply with the company’s prototype signage and brand recognition program. City staff does not support amendment of the PUD Development Stage Plan to allow for the three wall signs or increased area of the individual signs as it is not consistent with the intent of the Zoning Ordinance as applied to similar uses under similar circumstances. For this reason, City staff is bringing this item to the attention of the Planning Commission to discuss whether consideration should be given to amendment of the Zoning Ordinance for sign regulations applicable to all uses within the C-3 District (as well as C-2 and C-CBD Districts). Model Homes. Section 27 regulates construction and use of dwellings as temporary models and real estate offices. Section 11-27-3 of the Zoning Ordinance limits the number of model homes to two or 10 percent of the lots within the final plat, whichever is greater. The Zoning Ordinance was amended in 2012 to accommodate subdivisions with multiple builders and multiple house plans; previously, only one model home was allowed prior to completion of infrastructure improvements. This section also allows construction of a model home to be started before completion of infrastructure and the first lift of asphalt for the public street accessing the lot. However, builders have been using this provision to begin construction of homes that they do not intend to ever be used as a model home prior to completion of infrastructure. This situation causes concern from a construction access and observation standpoint as well as public safety issues should there be a fire or accident on a job site. As such, City staff proposes the following amendment of Section 11-27-3 of the Zoning Ordinance: 11-27-3: QUALIFICATION: To qualify for a building permit for a model home, which may include a temporary real estate office, the following shall be required: A. The total number of model homes allowed shall not exceed the greater of two (2) buildings or ten percent (10%) of the lots within the final plat. AB. Upon receipt of final plat approval and recording, building permits may be issued for model homes and/or temporary real estate offices provided that the number of model homes and/or temporary real estate offices shall not exceed the lesser greater of one (1) per homebuilder two (2) buildings or ten percent (10%) of the lots within the final plat prior to infrastructure improvements, including the first lift of asphalt, being completed and approved by the City Engineer. BC. No certificate of occupancy shall be issued for a model home and/or temporary real estate office until the infrastructure improvements including the first lift of asphalt have been completed and approved by the city engineer. Temporary Dwellings. In May 2016, an amendment to State Statutes 462.3593 was adopted that made provisions for temporary heath care dwelling units as a permitted accessory use for single family dwellings unless a City adopted an ordinance opting to prohibit these types of 10 uses. As outlined in the attached memorandum prepared by Planning Director Daryl Morey, the statutory allowance of these temporary dwelling units creates potential public health safety, land use compatibility, and administration compatibility issues. Based on the factors outlined in this memorandum, the Planning Commission recommended and the City Council adopted Section 11-1-17 of the Zoning Ordinance opting out of the statutory allowance of temporary health care dwellings within the City. In adopting the opt out ordinance, the City Council directed that the Planning Commission consider whether provisions allowing such temporary dwelling units should be prepared to address the issues identified with the Statutory process and establish performance standards specific to Lakeville. City staff is requesting direction from the Planning Commission as to whether City staff should proceed to draft an amendment allowing for temporary dwelling units within the City. These provisions would likely be included within Chapter 28 of the Zoning Ordinance regulating temporary structures. The administrative process for a temporary dwelling unit would necessitate an interim use permit application so as to ensure appropriate notice to surrounding property owners and to provide the City the ability to enforce a sunset on the allowed use of the temporary dwelling unit, which involves time and expense on the part of the property owner. Provision of year-round utility service for the temporary dwelling units remains a major practical issue. The resources required to monitor and administer the interim use permits would also be a concern outside of the formulation of performance standards for temporary dwelling units. Daycare Uses. Section 31 of the Zoning Ordinance establishes performance standards for commercial daycare uses (other than those allowed as a permitted use within residential dwellings by State Statute). Section 11-31-5.E of the Zoning Ordinance requires daycare facilities to provide a loading area meeting the requirements of Section 20 of the Zoning Ordinance. Section 11-20-15.A requires this loading area to be a minimum of 10 feet in width by 70 feet in length with 14 feet of clearance, which is excessive for this type of use. City staff recommends this provision be amended as follows: E. Loading: One off street loading space in compliance with chapter 20 of this title shall be provided All deliveries shall occur at such a time as to not conflict with customer or employee access to the building and parking demand, and all loading and maneuvering shall be accomplished on private property. Animals. The Planning Commission previously recommended removing Section 11-35- 3.D of the Zoning Ordinance allowing for the keeping of animals other than those defined as house pets or farm animals within the City by approval of an interim use permit. The City Council referred this issue back to the Planning Commission for further consideration as to whether maintaining the exception provision is appropriate if specific performance standards were adopted. 11 City staff researched other cities with characteristics similar to Lakeville. Apple Valley, Bloomington, Burnsville, Eden Prairie, and Woodbury include in their City Code similar prohibitions on the keeping of the following animals within the City (except as associated with a zoo program or other limited period not longer than 30 days):  Any member of the cat family (felidae) including, but not limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but excluding those recognized as domesticated house cats.  Any naturally wild member of the canine family (canidae) including, but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but excluding those recognized as domesticated dogs.  Any hybrid or crossbreeds between an animal defined in clauses (a) or (b) and a domestic animal and offspring from all subsequent generations of those hybrids or crosses, such as the crossbreed between a wolf and a dog.  Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets.  Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including, but not limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.  Any other animal that is not explicitly listed above but which can be reasonably defined by the terms of this section including, but not limited to, bear, deer, non- human primates and game fish. If the Planning Commission favors maintaining the option to allow for keeping of animals other than farm animals or house pets as an interim use, consideration should be given to outlining performance standards that would apply to approval of an interim use permit:  Limitation to properties located within the RA or A-P District.  Minimum lot area of 10 acres.  Minimum setbacks applicable to a principal building.  Documentation of appropriate permits from Federal or State agencies as applicable. 12  Provision of adequate enclosure for the welfare of the animal of sufficient construction to prevent escape, further subject to applicable limits on number and area of accessory buildings for the lot.  The animals must be owned and maintained by the property owner.  The interim use permit would be conditioned to expire upon inclusion of the property within the MUSA or a change in property ownership. Related to keeping animals, representatives of the sixth grade Lego League Team made a presentation at the November 21, 2016 City Council meeting encouraging the City to support pollinator gardens and the keeping of bees within residential neighborhoods. Bees are defined as a farm animal by Section 11-2-3 of the Zoning Ordinance and would be allowed to be kept on any farms within the City. Consideration of allowing the keeping of bees within residential neighborhoods would require amendment of the Zoning Ordinance and establishment of performance standards. The University of Minnesota maintains a survey of Minnesota cities’ regulations for the keeping of bees. Where bees are allowed to be kept accessory to a residential use, there is typically a restriction to rural areas, a minimum lot area requirement, limitations on the number and size of hives, and increased setbacks from surrounding residential properties. These provisions ultimately are very similar to the outline above of performance standards the Planning Commission may consider for keeping of animals other than domestic or farm animals. City staff is seeking direction as to whether the Planning Commission is in favor of allowing keeping bees on other than farm properties within the City. RST-2 District Title. The title of the RST-2 District is RST-2, Single and Two-Family “Transitional District”. All other residential districts are titled as “Residential District”. City staff recommends amending Section 11-45-1.B of the Zoning Ordinance and retitling Chapter 57 of the Zoning Ordinance as RST-2, Single and Two-Family Transitional Residential District. Waste Transfer Stations. Dick’s Sanitation has operated a recycling facility at the property located at 8812 215th Street since August 1, 2014. The property is zoned I-1 District, which specifically excludes waste facilities from the list of allowed permitted uses. The use is generally industrial in character and may be appropriate for inclusion within such zoning districts provided that measures are taken to off-set potential negative effects of a waste facility to surrounding properties or public health, safety and welfare. Use of a conditional use permit will provide for the needed oversight based on specific requirements to be listed with the interim use and the general performance standards listed in Section 11-4-7 of the Zoning Ordinance. City staff recommends allowing waste and recycling facilities as a conditional use within the I-1 and I-2 Districts as follows: 13 X Waste and Recycling Transfer Stations: 1. No transfer station shall operate without a license or permit required therefor by any county or state agency or department having jurisdiction over any solid waste transfer system and no transfer system shall operate in violation of any term or condition of a license or permit required therefore by any county or state agency or department. 2. The property shall abut and be accessed from an arterial roadway. 3. Hours of operation shall be seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday, unless otherwise limited or extended by the City Council. 4. All transfer operations shall be conducted within the principal building and shall not produce any adverse noise, glare, fumes, odor, obnoxious products, byproducts, litter, waste or other nuisance impacts, and shall not include the handling, transfer, processing, or storage of hazardous, infectious, or pathological waste or cconstruction and demolition debris. 5. Outside storage incidental to the principal use is limited to thirty percent (30%) of the gross floor area of the principal building and shall comply with the performance standards of 11-86-9.C of this Title. 6. The transfer station and the property on which it is located shall be open at all times for inspection by the city, county, and state. CONCLUSION City staff is seeking input and direction regarding the Zoning Ordinance update topics outlined herein prior to drafting of formal amendments for consideration at a public hearing to be scheduled for a future Planning Commission meeting date. c. Frank Dempsey, Associate Planner Kris Jenson, Associate Planner