HomeMy WebLinkAboutItem 07
August 14, 2015 Item No. _____
CANDLEWOOD SUITES CONDITIONAL USE PERMIT
AUGUST 17, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Lakeville
Hospitality, LLC (Candlewood Suites) conditional use permit and adopt the findings of fact.
Adoption of this motion will allow a building height greater than 35 feet for the construction
of an 83 room Candlewood Suites extended stay hotel in the C-3, General Commercial
District.
Overview
Lakeville Hospitality, LLLC is requesting approval of a conditional use permit to allow
architectural building elements (parapets) to be taller than 35 feet on a proposed three-story
hotel in the C-3 District.
The Planning Commission held a public hearing on the conditional use permit request at their
August 6, 2015 meeting. The Planning Commission recommended unanimous approval of
the conditional use permit subject to two stipulations. There was no public comment at the
public hearing.
Primary Issues to Consider
Will the additional building height have a detrimental effect on adjacent properties? The
proposed building parapets will not exceed 44 feet, while the majority of the building will not
exceed 35 feet in height. The proposed building setbacks will exceed the minimum requirement
and there will be no detrimental effects to adjacent properties.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• August 6, 2015 draft Planning Commission meeting minutes
• Email from adjacent property owner
• July 29, 2015 planning report
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: _________________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________________
Notes: Envision Lakeville Community Values: Diversified Economic Development_________________________
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 15-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a Conditional Use Permit for Lakeville Hospitality, LLC to allow a building
height greater than 35 feet on property located at 21060 – 210th Street.
2. Property. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
The North 544.5 feet of the West 280 feet of the Northeast Quarter of the
Northeast Quarter of Section 35, Township 1114, Range 21, subject to Parcel 32,
Dakota County Right of Way, Map 300.
3. Conditions. The permit is issued subject to the following conditions:
a) The building height shall not exceed 44 feet as shown on the building
elevation plans prepared by Truman Howell Architects dated July 1, 2015
and as approved by the City Council.
b) The project shall receive approval of a site plan application and building
permit prior to commencement of construction.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this permit building construction
has not commenced, this permit shall lapse.
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6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Dated: August 17, 2015
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 17th day of August 2015
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
LAKEVILLE HOSPITALITY, LLC CONDITIONAL USE PERMIT
On August 6, 2015 the Lakeville Planning Commission met at it’s regularly
scheduled meeting to consider the application of Lakeville Hospitality, LLC for a
conditional use permit to allow a building height in excess of 35 feet in the C-3,
General Commercial District located at 11734 – 210th Street. 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 adopts the following:
FINDINGS OF FACT
1. The property is zoned C-3, General Commercial District.
2. The property is located in Planning District No. 6, Fairfield Business Campus/I-
35/CR 70 and is classified as Commercial on the Comprehensive Land Use Plan.
3. The legal description of the property is:
The North 544.5 feet of the West 280 feet of the Northeast Quarter of the
Northeast Quarter of Section 35, Township 1114, Range 21, subject to
Parcel 32, Dakota County Right of Way, Map 300.
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 building height in excess of 35 feet is consistent with the policies
and provisions of Planning District 5 of the Comprehensive Land Use Plan.
b) The proposed use is or will be compatible with future land uses of the
area.
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The proposed hotel use and building height in excess of 35 feet will be
compatible with existing and future land uses in the area.
c) The proposed use conforms with all performance standards
contained in the Zoning Ordinance and the City Code.
The proposed hotel use and building height in excess of 35 feet will conform to
all performance standards set forth in the Zoning Ordinance.
d) The proposed use can be accommodated with existing public
services and will not overburden the City’s service capacity.
The proposed hotel use and building height in excess of 35 feet will be served with
existing public services and will not overburden the City’s service capacity.
e) Traffic generation by the proposed use is within capabilities of
streets serving the property.
Traffic generation from the hotel use can be accommodated by the adjacent public
streets.
5. The planning report dated July 29, 2015 prepared by Associate Planner Frank
Dempsey is incorporated herein.
Dated: August 17, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 6, 2015
Chair Swenson 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: Chair Swenson, Vice Chair Linda Maguire, Brooks Lillehei, Paul
Reuvers, Pat Kaluza, Karl Drotning, Scott Einck,
Members Absent: Ex-officio member Nic Stevens
Others Present: Frank Dempsey, Associate Planner and Penny Brevig, Recording
Secretary
3. Approval of the Meeting Minutes
The July 9, 2015 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Dempsey stated that the following item was distributed to the Planning
Commission at tonight’s meeting:
1. E-mail from an area resident expressing their views on the Candlewood Suites
Conditional Use Permit (Agenda Item #6)
5. Darlene A. and William A. Jenison
Chair Swenson opened the public hearing to consider the application of Darlene and
William Jenison for a variance from building setback requirements to allow the
construction of a new single family home in the Orchard Lake Shoreland Overlay
District.
Darlene Jenison presented a brief overview of their request. Ms. Jenson explained
how they came to their decision to move to Lakeville and in particular to the subject
lot on Orchard Lake. She stated that they feel their project is compatible with the
conditions of the surrounding neighborhood.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the Jenison’s have applied for a variance to allow the construction of a
2,185 square foot two bedroom single family home with a walk-out lower level and
two car garage located at 12235 175th Street. The property is located in the
Shoreland Overlay District and is approximately one-quarter of an acre in area. Mr.
Dempsey indicated that due to the shallow depth of the lot, the requested variance
Planning Commission Meeting Minutes, August 6, 2015 Page 2
would allow a 42.1 foot setback to the Ordinary High Water Level of Orchard Lake, a
front yard setback of 25 feet, and an impervious surface area greater than 25%.
Mr. Dempsey explained which neighboring homes had previously requested
variances that were approved for numerous reasons and how most of them do not
meet the OHWL setback of 75 feet to the lake and have used setback averaging to
the OHWL.
Mr. Dempsey stated that the land use is compatible and keeping with other
properties in the area. The Jenison’s had written a very descriptive narrative of their
plans which was included in the staff report.
Mr. Dempsey stated that the Planning Department staff recommends approval of the
Jenison variance subject to the four stipulations listed in the July 29, 2015 planning
report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Maguire, seconded by Drotning to close the public
hearing at 6:12 p.m.
Ayes: Lillehei, Einck, Maguire, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• The Planning Commission agreed that this is the perfect example of how a
variance is supposed to work. If someone owns a piece of property that they
have every right to use, this helps them find a way to use it.
• The Planning Commission felt that this home will fit very well into the
character of the neighborhood.
Motion was made by Drotning, seconded by Maguire to recommend to City
Council approval of a variance from building setback requirements to allow the
construction of a new single family home in the Orchard Lake Shoreland Overlay
District, located at 12235 – 175th Street, subject to the following stipulations:
1. The improvements shall be constructed in accordance with the site plan and
building plans approved with the variance.
2. A tree preservation and erosion control plan will be required prior to building
permit approval and prior to commencing tree removal, grading or
construction. Any healthy tree proposed to be saved that is removed during
construction shall be replaced with a like species of tree complying with
Zoning Ordinance requirements.
3. All disturbed soils shall be restored and established with groundcover
immediately after work in that area is completed.
Planning Commission Meeting Minutes, August 6, 2015 Page 3
4. The lowest floor elevation of the single family home shall not be less than
980.6 feet above sea level to comply with Zoning Ordinance requirements.
The survey shall be amended to reflect the minimum floor elevation.
Ayes: Einck, Maguire, Swenson, Reuvers, Kaluza, Drotning, Lillehei
Nays: 0
6. Lakeville Hospitality, LLC
Chair Swenson opened the public hearing to consider the application of Lakeville
Hospitality, LLC for a Conditional Use Permit to allow building height in excess of 35
feet in the C-3, General Commercial District.
Angela Thomas and Nate Nelson, two of the five partners in Lakeville Hospitality,
LLC were in attendance at tonight’s meeting. Ms. Thomas presented a brief
overview of the request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the Candlewood Suites hotel will be located at 21060 Keswick Loop. The
conditional use permit (CUP) is for the proposed building height of the hotel. The
proposed building height would be up to 43 feet, 1-1/2 inches tall. The C-3 District
allows a building height up to 35 feet unless additional height is approved by CUP.
Mr. Dempsey indicated that the Zoning Ordinance allows building heights in excess
of 35 feet, and up to six stories or 65 feet, in the C-3 District subject to additional
setback requirements and approval of a CUP. About one-third of the building will
include architectural parapet walls that will exceed 35 feet, with a total height of
between 39 feet and just over 43 feet.
Mr. Dempsey indicated that City staff will review and approve the site plan, grading
plan and utility plan separately in conjunction with the building permit application.
Mr. Dempsey stated that the Planning Department staff recommends approval of the
Conditional Use Permit subject to the two stipulations listed in the July 29, 2015
planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Reuvers to close the public hearing
at 6:20 p.m.
Ayes: Maguire, Swenson, Reuvers, Kaluza, Drotning, Lillehei, Einck
Nays: 0
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
Planning Commission Meeting Minutes, August 6, 2015 Page 4
• Chair Swenson clarified for the audience that Planning Commission review is
specifically for the height of the building.
• Commissioner Drotning had a concern with parking of oversized vehicles,
trailers, etc. and asked if there had been any discussion with staff regarding
this. Ms. Thomas commented that the site plan is still a work in progress.
There are a lot of challenges with the grading of the lot, but the development
team knows this is a concern. Commissioner Drotning requested that they
look very carefully at the site plan for parking oversized vehicles.
• Commissioner Drotning asked if this was a lot of record. Mr. Dempsey
indicated that it is a legal conforming metes and bounds parcel. It previously
had a single family home on it. He stated that the necessary street right-of-
way has been dedicated and the infrastructure was installed with the
reconstruction of the County Road 70 / I-35 interchange.
Motion was made by Lillehei, seconded by Maguire to recommend to City
Council approval of the Lakeville Hospitality, LLC Conditional Use Permit for building
height in excess of 35 feet, subject to the following stipulations:
1. The building height shall not exceed 44 feet as shown on the building
elevation plans prepared by Truman Howell Architects dated July 1, 2015 and
as approved by the City Council.
2. The project shall receive approval of a site plan application and building
permit prior to commencement of construction.
Ayes: Swenson, Reuvers, Kaluza, Drotning, Lillehei, Einck, Maguire
Nays: 0
There being no further business, the meeting was adjourned at 6:26 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: July 29, 2015
Subject: Packet Material for the August 6, 2015 Planning Commission Meeting
Agenda Item: Conditional Use Permit to allow building height in excess of 35 feet in
the C-3, General Commercial District
Action Deadline: September 7, 2015
INTRODUCTION
Lakeville Hospitality, LLC representatives have submitted an application and plans for a
conditional use permit to allow the construction of a three story, 83 room, extended stay
Candlewood Suites hotel on an existing parcel zoned C-3, General Commercial District
located at 21060 Keswick Loop (formerly 11734 – 210th Street at the southeast intersection
of 210th Street (CSAH 70) and Keswick Loop. The proposed building would be up to 43
feet, 1-1/2 inches tall. The C-3 District allows a building height up to 35 feet in unless
additional height is approved by conditional use permit. The proposed hotel use is a
permitted use of the property. The applicant is requesting conditional use permit approval
at this time for the proposed building height only. City staff will review and approve the
site plan, grading plan and utility plan separately in conjunction with the building permit
application.
EXHIBITS
The following exhibits are attached for your reference:
A. Location and Zoning Map
B. Aerial Photo Map
C. Draft Site Plan
D. Building Elevations Plan
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Surrounding Land Uses and Zoning
North –210th Street (CSAH 70) and undeveloped commercial property (C-3 District)
South – Keswick Loop
East –Undeveloped Commercial Property (C-3 District)
West – Keswick Loop and undeveloped commercial property (C-3 District)
The subject property is surrounded by undeveloped commercial zoned property or public
road right-of-way. The nearest residential zoned properties are located to the northwest
on the north side of 210th Street (CSAH 70), and to the west.
PLANNING ANALYSIS
Section 11-17-7.E of the Zoning Ordinance allows building heights in excess of 35 feet, and
up to six stories or 65 feet, in the C-3 District subject to additional setback requirements
and approval of a conditional use permit. The additional setback requirements are an
additional five foot setback for every 10 feet of additional building height. In this case the
Candlewood Suites building would require 35 foot setbacks to the north, south and west
property/street right-of-way lines and 10 feet to the east interior property line.
Section 11-17-7.D of the Zoning Ordinance excludes certain building elements from the
height limitations not to exceed 10 feet in height and not more than 25% of the area of the
roof. These excluded elements include building parapets not to exceed three feet in
height. Approximately two-thirds of the proposed hotel building would be less than 35
feet tall (approximately 33 feet tall). About one-third of the building will include
architectural parapets walls that will exceed 35 feet with a total height of between 39 feet
and just over 43 feet as shown on the building elevation plan.
Required Building and Parking Lot Setbacks. The existing building meets all setback
requirements of the C-3 District as follows:
Abutting Public Street – 30 feet plus an additional 5 feet = 35 feet
Interior Side and Rear – 10 feet
Parking Lot – 15 feet abutting street right-of-way/5 feet interior lot line
Proposed Building and Parking Lot Setbacks:
Abutting Public Street – 121 feet (west) and 159.5 feet (north) and 91.5 feet (south)
Interior Side (east) – 92.5 feet
Parking Lot – 49 feet minimum abutting streets, 33 feet interior lot line
Access and Circulation. Access to the property will be from two driveways off of Keswick
Loop. There will be no access to or from 210th Street (CSAH 70)
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Parking Requirements. The 83 room hotel requires a total of 91 parking spaces determined
as follows:
One space per room = 83 spaces, plus;
One additional space per 10 rooms (8.3)
Total Spaces Required = 91 spaces
Total Spaces Provided on Site = 92 spaces (including four handicap accessible
spaces)
Site Plan Review. A complete site plan and building plan review for compliance with
Zoning Ordinance and Building Code requirements will commence with the submittal of a
building permit application following favorable action by the City Council on the proposed
conditional use permit for building height.
RECOMMENDATION
Planning Department staff recommends approval of the Lakeville Hospitality, LLC request
for a conditional use permit for building height in excess of 35 feet subject to the following
stipulations:
1. The building height shall not exceed 44 feet as shown on the building elevation plans
prepared by Truman Howell Architects dated July 1, 2015 and as approved by the City
Council.
2. The project shall receive approval of a site plan application and building permit
prior to commencement of construction.
Findings of fact for approval of the conditional use permit request are attached.
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