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September 10, 2014 Item No. _____
SUMMERLYN CONDITIONAL USE PERMIT
SEPTEMBER 15, 2014 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Summerlyn conditional
use permit and adopt the findings of fact.
Adoption of this motion will allow a private recreation facility with an outdoor swimming pool in the
Summerlyn single family development.
Overview
Lennar representatives are requesting approval of a conditional use permit for a private recreation
building and swimming pool facility at the northwest corner of Icicle Avenue and Hillcrest Avenue.
The Planning Commission held a public hearing at their September 4, 2014 meeting. The Planning
Commission recommended unanimous approval of the conditional use permit subject to the four
stipulations in my planning report plus two added stipulations. The Planning Commission added
stipulation No. 5 to establish responsibility by the homeowners association to own, operate and
maintain the private recreation facility, including the swimming pool. Stipulation No. 6 has been
addressed with the submittal of a revised landscape plan (attached). There was no public comment at
the public hearing. Staff also recommends approval of the conditional use permit.
Primary Issues to Consider
Will the private facility be compatible with the Summerlyn neighborhood? The proposed private
recreation facility will be compatible given compliance with the Conditional Use Permit.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• Amended landscape plan
• September 4, 2014 draft Planning Commission meeting minutes
• August 29, 2014 planning report
________________________________
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: _________________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________________
Notes: ______________________________________________________________________________________
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 14-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a Conditional Use Permit to allow a private recreation facility with an outdoor
swimming pool in the Summerlyn single family residential development.
2. Property. The permit is for the following described property located at 19353 Hillsdale
Avenue in the City of Lakeville, Dakota County, Minnesota:
Lot 4, Block 4, Summerlyn 2nd Addition
3. Conditions. The permit is issued subject to the following conditions:
a) The site shall be developed in accordance with the plans approved by the
City Council.
b) A five foot wide concrete sidewalk shall be constructed in the Hillcrest
Avenue boulevard between Icicle Avenue and the building entrance.
c) All lighting shall be in compliance with Zoning Ordinance requirements.
d) A building permit is required prior to commencing construction of the
pool building and swimming pool.
e) The Summerlyn homeowner’s association and its successors or assigns
shall own the property and be responsible for operations and
maintenance of the improvements on the property.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
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5. Lapse. If within one year of the issuance of this conditional use permit the use
allowed by this permit has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Dated: September 15, 2014
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 15th day of September,
2014 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMERLYN CONDITIONAL USE PERMIT
On September 4, 2014 the Lakeville Planning Commission met at it’s regularly
scheduled meeting to consider the request of Lennar Corporation to allow a private
recreational facility with an outdoor swimming pool in the Summerlyn single family
residential development. The Planning Commission conducted a public hearing on
the proposed conditional use permit preceded by published and mailed notice. The
applicant was present and the Planning Commission heard testimony from all
interested persons wishing to speak. The City Council hereby approved the following:
FINDINGS OF FACT
1. The property is zoned RM-1, Medium Density Residential District.
2. The property is located in Planning District No. 5 and is guided as Low/Medium
Density Residential in the Comprehensive Land Use Plan.
3. The legal description of the property is:
Lot 4, Block 4, Summerlyn 2nd Addition
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied.
The criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
Official City Comprehensive Plan.
The proposed private recreation facility is consistent with the policies and provisions of
Planning District 5 of the Comprehensive Land Use Plan. The proposed recreation
facility will be complementary to the Summerlyn development and the recreational
needs of its residents.
b) The proposed use is or will be compatible with future land uses of the area.
The proposed private recreation facility is compatible with existing land uses in the
area given compliance with the approved plans and the stipulations of the
conditional use permit.
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c) The proposed use conforms with all performance standards contained in
the Zoning Ordinance and the City Code.
The private recreation facility will conform to all performance standards set forth in
the Zoning Ordinance given compliance with the approved conditional use permit.
d) The proposed use can be accommodated with existing public services and
will not overburden the City’s service capacity.
The private recreation facility will be served with existing public services.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
Traffic generation will not significantly increase due to the private recreation facility.
Traffic can be accommodated by the existing streets serving the subject property. Public
sidewalk improvements will be made to allow pedestrian access to the main entrance of
the private recreation building.
5. The planning report dated August 29, 2014 prepared by Associate Planner Frank
Dempsey is incorporated herein.
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: August 29, 2014
Subject: Packet Material for the September 4, 2014 Planning Commission Meeting
Agenda Item: Summerlyn Conditional Use Permit
Action Deadline: October 19, 2014
INTRODUCTION
Representatives of Lennar Corporation are requesting a conditional use permit to allow
development of a private community recreation building and swimming pool on the
property located at 19353 Hillcrest Avenue. The pool was identified as a future private
recreation facility as part of the Summerlyn preliminary plat.
The subject property is zoned RM-1, Medium Density Residential District. Section 11-58-
9.D of the Zoning Ordinance allows private recreational buildings, including swimming
pools, subject to the approval of a conditional use permit under Section 11-4-3E.
EXHIBITS
The following exhibits are attached for your reference:
A. Location and Zoning Map
B. Aerial Photo Map
C. Site Plan
D. Landscape Plan and Color Site Plan (2 Pages)
E. Exterior Elevation Plans (3 pages)
F. Floor Plan
Surrounding Land Uses and Zoning
North – Future Single Family Residential Lots (RM-1)
South – Hillcrest Avenue and future neighborhood park (RM-1 and P/OS)
East – Icicle Avenue and undeveloped single family residential lots (RM-1)
West – Undeveloped single family residential lot (RM-1 District)
PLANNING ANALYSIS
Lenner is the developer of the Summerlyn single family residential development. The
private pool and building were identified on the Summerlyn 2nd Addition final plat plans.
The requirement for a conditional use permit for the pool and recreation building was listed
as a condition of the Summerlyn 2nd Addition final plat approved in spring 2014. Lennar
has constructed similar private pools and buildings in the Prairie Lakes development north
of 185th Street and west of Interstate 35 on Lake Forest Drive at Kingsway Path and in The
Greenway (Trevar) development west of Ipava Avenue on Ireton Way, north of Inndale
Drive.
Setbacks. The Zoning Ordinance requires that all private recreation buildings be set back
double that required by the zoning district but not more than 30 feet. The site plan shows
that the swimming pool will be set back 30 feet from the Icicle Avenue and Hillcrest
Avenue rights-of-way and more than the required 20 feet from adjacent residential
property boundaries. The pool deck is to be set back 12 feet from the north (rear) property
line.
Pedestrian Access. A five foot wide concrete public sidewalk shall be constructed in the
Hillcrest Avenue boulevard between the corner of Icicle Avenue and the main sidewalk
entrance to the recreation building. The proposed westerly access will include a private
sidewalk that will extend from the street to the pool house building to allow access for
maintenance equipment servicing the property facilities.
Building. The building will be 1,576 square feet in area and 14 feet tall. The building will
include the swimming pool mechanical equipment and storage area, restrooms, gathering
room with a kitchen, television and fireplace and a portico connecting the gathering room
to the main men’s and women’s restrooms. The building will be sided with
batten/boarding siding and decorative stone, with stucco on the east side and an asphalt
shingle roof.
The swimming pool will be five feet deep surrounded by a concrete deck. The facility will
be owned and maintained by the home owners association for the single family lots in the
Summerlyn development and subsequent additions thereto for use only by those
residents.
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Landscaping. The landscaping that is proposed to provide screening of the private
recreation lot from view of the single family lots to the north and west will include
evergreen trees and shrubs in addition to shade and ornamental trees.
A six foot wrought iron style fence is proposed to surround and secure the pool area.
Section 11-21-5.G of the Zoning Ordinance requires that access to the pool be secured
with a self-closing and latching gate.
Lighting. A building mounted motion detecting security light is proposed on the north
(pool) side of the building. No other lighting is shown on the site or on the building. All
lighting must be downcast and may not shine onto adjacent properties.
RECOMMENDATION
Planning Department staff recommends approval of the Summerlyn conditional use
permit subject to the following stipulations:
1. The site plan and building shall be developed in accordance with Zoning Ordinance
requirements and as approved by the City Council.
2. A five foot wide concrete public sidewalk shall be constructed in the street
boulevard between the corner of Icicle Avenue and the easterly private sidewalk
into the recreation building.
3. All site lighting shall be in compliance with Zoning Ordinance requirements.
4. A building permit is required prior to commencing construction.
Findings of fact for attached for your consideration.
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Certificate of Survey for:
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This site map is an artists rendition and is intended for illustrative purposes only.
Please refer to registered survey for site details including setbacks, features, easements, water levels and landscaping.
This site map is subject to change without notice.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
FINDINGS OF FACT
SUMMERLYN CONDITIONAL USE PERMIT
On September 4, 2014 the Lakeville Planning Commission met at it’s regular
meeting to consider the request of Lennar Corporation to allow a private recreational
building and outdoor swimming pool in the Summerlyn development. The Planning
Commission conducted a public hearing on the proposed conditional use permit
preceded by published and mailed notice. The applicant was present and the
Planning Commission heard testimony from all interested persons wishing to speak.
FINDINGS OF FACT
1. The property is zoned RM-1, Medium Density Residential District.
2. The property is located in Planning District No. 5 and is classified as
Low/Medium Density Residential on the Comprehensive Land Use Plan.
3. The legal description of the property is:
(Lot 4, Block 4, Summerlyn 2nd Addition)
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied.
The criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
Official City Comprehensive Plan.
The proposed private recreation facilities are consistent with the policies and provisions
of Planning District 5 of the Comprehensive Land Use Plan. The proposed recreation
facility will be complementary to the development and service recreational needs of
residents.
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b) The proposed use is or will be compatible with future land uses of the area.
The proposed private recreation facilities are compatible with existing land uses in
the area provided compliance with the approved plans and the stipulations of the
conditional use permit.
c) The proposed use conforms with all performance standards contained in
the Zoning Ordinance and the City Code.
The private recreation facilities will conform to all performance standards set forth in
the Zoning Ordinance given compliance with the approved conditional use permit.
d) The proposed use can be accommodated with existing public services and
will not overburden the City’s service capacity.
The proposed private recreation facilities use will be served with existing public services.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
Traffic generation will not significantly increase due to the proposed private recreation
facilities use of the property. Traffic can be accommodated by the existing transportation
system serving the subject property. Public sidewalk improvements will be made to
connect pedestrians from the sidewalk to the main entrance of the private recreation
building.
5. The planning report dated August 29, 2014 prepared by Associate Planner Frank
Dempsey is incorporated herein.
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CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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