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HomeMy WebLinkAbout0377 ORDINANCE N0. 377 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE N0. 167, THE ZONING ORDINANCE, BY ' AMENDING SECTIONS 35.4 , 36.4 AND 37.4 TO ALLOW COMMUNITY PRE-SCHOOL,- LATCH-KEY AND ADULT EDUCATION FACLLITIES AS A CONDITIONAL USE IN THE B-1, B-2, B-3, B-4 AND CBD-C ZONING DISTRICTS. THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES HEREBY ORDAIN: Section 1. Section 35.4 of Ordinance No. 167 is hereby amended by .adding subparagraph number 3 to read as follows: 3) Community pre-school, latch-key and adult education facilities provided that: (a) Licensing. The employees and facility. are licensed. by the State Department of Human Services and comply with the minimum requirements of the Department of Welfare D.P.W. Rule. 3, as amended. (b} es. The ages of the childrenattending the pre-school. range from 3 years to 12 years. (c) Hours. The hours of .operation coincide with ..those of the commercial retail stores in the area or complex. (d) Attendance.. The attendance of children in the latch-key and pre-school programs ~.=1on a long term scheduled enrollment program instead of on a temporary, ,sporadic basis. (e) Lot Requirements and Setbacks. The proposed site for a community pre-school, latch-key and. adult education facility. must have a minimum lot area as determined by the Minnesota Department of Welfare.' The City.. Council may increase the required lot area in those cases where such an increase is considered necessary to insure compat- ibility of activities and maintain public health, safety and general welfare. The community .pre-school, latch-key and adult education facility must meet the minimum setback requirements of the respective .zoning district. (f) Sewer and Water. All community pre-school, latch-key and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. (g) Screening. Where the community pre-school, latch-key and adult education facility is in or abuts any residential use or zoned .property, the community pre-school, latch-key and adult education facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 9.6 and 9.7 of this _ Ordinance. (h) ,...Parking. (1) There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 12 of this Ordinance. Parking areas shall be screened from view of surrounding and abutting residential districts in compliance with Section 9.7 of this Ordinance. (2) When a. community pre-school, latch-key and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required. (3) There shall be adequate short term parking or drop off area provided within close proximity to the main entrance. Short term or drop off parking shall accommodate three car spaces and shall be designated as temporary in nature. The short term parking or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian. movement. (i) Loading. At minimum of one (1} off-street loading space in compliance with Section 13 of this Ordinance shall be provided. If deemed necessary by the City Council based. upon projected traffic volumes and use characteristics,. additional spaces may be required. (j) Signage. All signing and informational or visual communi- cation devices shall be in compliance with Section 16 of this Ordinance. (k) Communit Pre-school Latch-Ke and Adult Education Building Space.• The building glans. for the construction or alteration of a structure that shall be used as a commu- pity pre-school, latch-key and adult education facility shall be submitted to the City for review by the City Building Official to insure the structure is in compliance with the State Fire and Building Code. The facility shall meet the following conditions: 2 (1) The architectural. appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or .area as to cause impair- went of property values or constitute a blighting influence within a reasonable distance of the lot. (2) When the. community pre-school, latch-key. and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. (3) The community pre-school, latch-key .and adult education facility shall be adequately sound-proofed. to remove extraneous noise that would interfere with the community pre-school, latch-key and adult education operation and would affect .the health, .safety and welfare of the community pre-school, latch-key and adult education participants. (1) The provisions of Section 4.2(5) of this Ordinance are considered and satisfactorily met. ..Section 2. Section 36.4 of Ordinance No. 167 is hereby amended by adding subparagraph number 3 to read as follows: (3) Community pre-school., latch-key and adult education facilities provided that: (a) Licensing. The employees and facility are licensed `by the` State: Department of Human Services and comply .with. the minimum requirements of the Department of Welfare D.P.W. Rule 3, as amended. (b) es. The ages of the children attending the pre-school range from 3 years to 12 years. (c) Hours. The hours of operation coincide with those of the commercial .retail stores in the area. or complex. (d) Attendance. The attendance of children in the latch-key and pre-school programs is on a long term scheduled. enrollment program instead of on a temporary, sporadic basis. (e) Lot Requirements and Setbacks. The proposed site for a community pre-school, latch-key and adult education facility. must have a minimum lot area as determined by the Minnesota Department of Welfare. The City Council may increase the required. lot area in those cases where such an increase is considered necessary to insure compa- tibility of activities and maintain gublic health, safety 3 and general welfare. The community pre-school, latch-key and adult education facility must meet the minimum setback requirements of the respective zoning district. (f) Sewer and Water. All community pre-school, latch-key and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water • to protect the health and safety of all persons who occupy the facility. - ' (g) Screening. .Where the community pre-school, latch-key and adult education facility is in or abuts any residential use or zoned property, the community pre-school, latch-key and adult education facility shall provide screening along theshared boundary of the two uses. All of the required fencing and screening. shall comply with the fencing and screening requirements in Section 9.6 and 9.7 of this Ordinance. (h) Parkin . (1) There shall be adequate off-street parking which shall be located separately from any outdoor play. .area and shall be in compliance with Section 12 of this Ordinance. Parking areas shall be screened from view of surrounding and abutting residential districts in compliance with Section 9.7 of this Ordinance. (2) When a community pre-school, latch-key and adult education facility is a use within a structure containing. another principal use, each use shall. be calculated separately for determining the total off-street parking spaces required. (3) There shall be adequate short term parking or drop off area provided within close proximity to the main entrance. Short term or drop off parking shall accommodate three car .spaces and .shall be designated as temporary in nature. The short term parking. or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian movement. (i) Loadin At minimum one (1) off-street loading space in compliance with Section 13 of this Ordinance shall be provided. If deemed necessary by the City Council based upon projected traffic volumes and use characteristics, additional spaces may be required. (j) Si na e. All signing and informational or visual communi- cation devices shall be in compliance with Section 16 of this Ordinance. 4 (k) Community Pre-school, Latch-Key and Adult Education Building/Space. The .building plans for the construction or alteration of a structure that shall be used as a community pre-school, latch-key and adult education facility shall be submitted to the City for review by the .City Building Official to insure the structure is in compliance with the State Fire and Building Code. The .facility shall meet the following conditions: (1) ,The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impair- ment of property values or constitute a blighting influence within a reasonable distance of .the. lot. (2) When the community pre-school, latch-key and adult education facility is a use within a multi-tenant. building, it shall be located in a portion of the building separated from the other uses located within the structure. (3) The community pre-school, latch-key and adult education facility shall be adequately sound-proofed. to remove extraneous noise that would interfere with the community pre-school, latch-key and adult education operation and would affect .the health,. safety and welfare of the community pre-school, latch-key. and adult education participants. (1) The provisions of Section 4.2(5) of this Ordinance are considered and satisfactorily met. Section 3. Section 37.4 of Ordinance No. 167 is hereby amended by adding subparagraph number 9 to read as follows: (9) Community pre-school, latch-key and adult education facilities provided that: (a) Licensing. The employees and facility are licensed by the State Department of Human .Services and comply with the minimum requirements of the Department of Welfare D.P.W. Rule 3, as amended.. (b) es. .The ages of the children attending the pre-school range from 3 years.. to 12 years. (e) hours. The hours of operation coincide with those of the commercial retail stores in the area or complex. (d) Attendance. The attendance of children in the latch-key and pre-school programs is on a long term scheduled enrollment program instead of on a temporary, sporadic " basis. 5 (e) Lot Requirements and Setbacks. The proposed site for a community pre--school, latch-key and adult education facility must have a minimum lot area as determined. by the Minnesota Department of Welfare. the City Council may increase the required lot area in those cases where such an increase is considered necessary to insure compatibility of activities and maintain public health, safety and general welfare.. The community pre-school, latch-key and adult_ education facility must meet the minimum setback. require- ments of .the respective zoning district. (f) Sewer and Water. All community pre-school, latch-key and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety. of all persons who occupy the facility. (g) Screening. Where the community pre-school, latch-key and adult education facility is in or abuts any residential. use or zoned property, the community pre-school, latch-key and adult education facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 9.6 and 9.7 of this Ordinance. (h) Parkin . (1) There shall be adequate off-street parking which .shall be located separately from any outdoor play .area and shall be in compliance with Section 12 of this Ordinance. Parking areas shall be screened from view of surrounding and abutting residential dis- tricts in compliance with Section 9.7 of this. Ordinance. (2) When a community pre-school, latch-key and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.. (3) There shall be adequate short term parking or drop off area provided within close proximity to the .main entrance. Short term. or drop off parking. shall accommodate three car spaces and shall be designated as temporary in nature. The short term parking or drop .off area shall not conflict with off-street. parking access and shall not conflict with pedestrian movement. 6 (i) Loading. At minimum one(1) off-street loading space in compliance with Section 13 of this Ordinance shall be pxovided. If, deemed necessary by the City Council based upon projected traffic volumes and use characteristics, additional spaces may be required. (j) Signage. All signing and informational or visual communica- t~on devices shall be in compliance with Section 16 of thin Ordinance. - (k) Community Pre-school, Latch-Key and Adult Education Building/Space. The building plans. for the construction or alteration of a structure that shall be used as a community pre-school., latch-key .and adult education facility shall be submitted to the City for review by the City Building Official to insure the structure is in compliance with the. State Fire and Building Code. The facility shall meet the: following. conditions: (1) The architectural appearance and functional plan of .the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influ- ence within a reasonable distance of the lot. (2) When the community pre-school, latch-key and adult education facility is m use within a multi-tenaat building, it shall be located in a portion of the building separated from the other uses located within the structure. (3) The community pre-school, latch-key and adult educa- tion facility shall be adequately sound-proofed to remove extraneous noise. that would .interfere with the community pre-school, latch-key and adult education operation and would affect the health, safety and welfare of the community pre-school, latch-key and adult. education participants. (1) The provisions of Section 4.2(5) of this Ordinance are considered and satisfactorily met. Section 4. This Ordinance shall become effective immediately upon its passage and publication. 7 Adopted by the Lakeville City Council on this 15th day of May , ~ 1989. CITY OF LAKEVILLE By: Duane R. Zaun, a or - " ATTEST: By: Charlene Friedges;, Acti City Clerk 8 ORDINANCE NO. 377 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, THE ZONING ORDINANCE, BY AMEN- DING SECTIONS 35.4, 36.4 AND 37.4 TO ALLOW COMMUNITY PRE-SCHOOL LATCH -KEY AND ADULT EDUCATION FACILITES AS A CON- DITIONAL USE IN THE B-1, B-2, B-3, B-4 AND CBD -C ZONING DISTRICTS. THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES HEREBY ORDAIN: Section 1. Section 35.4 of Ordinance No. 167 is hereby amended by adding subparagraph number 3 to read as follows: 3) Community pre-school, latch -key and adult education facilities provided that: (a) licensing. The employees and facility are licensed by the State Department of Human Services and comply with the minimum re- quirements of the Department of Welfare D.P.W. Rule 3, as amended. (b) Ages. The ages of the children attending the pre-school range from 3 years to 12 years. (c i The.hnurs of n ra mn r noid provide sereemng along the snared noun- I dary of the two uses. All of the required fen- cing and screening shall comply with the fencing and screening requirements in Sec- tior 4 a and 9 7 of this Ordinance (h) Parking. (1) There shall be adequate off-street parking which shall be located separate- ly from any outdoor play Area And shall be in compliance with Section 12 of this Ordinance. Parking areas shall be screen- ed from view of surrounding and abutting parking or crop on area rovweu wu n I close proximity to the main entrance. Short term or drop off parking shall ac- commodate three car spaces and shall be designated as temporary in nature. The short term parking or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian movement. (i) Loading. At minimum one (1) off-street loading space in compliance with Section 13 of this Ordinance shall be provided. If deem- ( ed necessary by the City Council based upon projected traffic volumes and use char- acteristics, additional spaces may be required. ( j ) Signage. All signing and informational or ( visual communication devices shall be in compliance with Section 16 of this Ordinance. (k) Community Pre-school, Latch -Key and Adult Education Building/Seac.. The building plans for the construction or alteration of a struc- ture that shall be used as a community pre- school, latch -key and adult education facili- ty shall be submitted to the City for review by the City Building Official to insure the structure is in compliance with the State Fire and Building Code. The facility shall meet the following conditions: (1) The architectural appearance and functional plan of the building and site ( shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blight- ing influence within a reasonable distance of the lot. (2) When the community pre-school, latch -key and adult education facility is a use within a multi -tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. (3) The community pre-school, latch -key and adult education facility shall be ade- quately sound -proofed to remove ex- traneous noise that would interfere with s the community pre-school, latch -key and adult education operation and would af. fect the health, safety and welfare of the community pre-school, latch -key anc adult education participants. • (1) The provisions of Section 4.2(5) of thi: a Ordinance are considered and satisfactorill O met. Section 4. This Ordinance shall become of fective immediately upon its passage an( g publication. S Adopted by the Lakeville City Council o) this 15th day of May, 1989. a CITY OF LAKEVILLE By: Duane R. Zaun, Mayor ATTEST: By: Charlene Friedges, Acting City Clerk 973 PUBLIC NOTICE a AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 3314.02,331 A.07 and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each .waak,for successive weeks; it was first published on Thursday, the 1 441 19 day of Oct , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcdef gh i j klm nopgrstuvwxyz BY: TITLE: cretary to i b her (k4114M/i sore, Subscribed and sworn to before me on this day x,19 8.91 blic ' NE F HENN1NGSEN ti Y NOTARY PUBLIC- MINNESOTA DAKOTA COUNTY 's-,. My Comm Exp Feb 21. 1994