HomeMy WebLinkAboutItem 06.e
October 14, 2015 Item No. ______
CAP AGENCY REZONING
OCTOBER 19, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve Findings of Fact and an
Ordinance rezoning property from RM-1, Medium Density Residential to PUD, Planned Unit
Development.
Adoption of this motion will allow a fifth dwelling unit at an existing residential building located
at 20345 Iberia Avenue.
Overview
Representatives of the Community Action Partnership of Scott, Carver & Dakota Counties
(CAP Agency) are requesting approval to rezone their property located at 20345 Iberia
Avenue from RM-1, Medium Density Residential District to PUD, Planned Unit Development
District. There is an existing two–story, four-unit transitional housing building located on the
property. Approval of the rezoning to PUD would allow an interior building remodel to re-
introduce a fifth dwelling unit and increase the overall density of the property.. The CAP
Agency provides various public assistance services including affordable and transitional
housing throughout the three-county area.
Primary Issue to Consider
Will the proposed rezoning be consistent with surrounding properties? The rezoning and
interior remodel of the existing multi-family residential building will be consistent and compatible
with surrounding multi-family residential, institutional, and commercial properties.
Supporting Information
• Ordinance rezoning property from RM-1 to PUD
• Findings of fact
• October 8, 2015 draft Planning Commission meeting minutes
• Planning report dated September 30, 2015
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: __________________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance________________________________________________
Community Values: A Home for All Ages and Stage of Life _____________________________________________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. _____
AN ORDINANCE REZONING PROPERTY FROM RM-1 TO PUD FOR THE CAP AGENCY
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Legal Description. The following described property located within the City of Lakeville,
Dakota County, Minnesota is hereby rezoned from RM-1, Medium Density Residential District to PUD,
Planned Unit Development District:
(Lot 1, Block 1 and the North 5.25 feet of Lot 2, Block 1, MCNEARNEY 1ST ADDITION)
Section 2. Zoning Map Amendment. The zoning map of the City of Lakeville, adopted by Section 11-
45-5 of the City Code, shall not be republished to show the aforesaid rezoning, but the Zoning
Administrator shall appropriately mark the zoning map on file in the Zoning Administrator’s office for
the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the
notations, references and other information shown thereon are hereby incorporated by reference and
made part of this Ordinance.
Section 3. PUD Zoning Regulations.
• The property is subject to the regulations set forth in the RM-1 District, as may be modified
herein.
• The only permitted use is one residential building with five dwelling units.
• The building shall be converted back to four units if the building is no longer being used for
human service or group home purposes.
• A building permit is required prior to commencing construction of the interior remodel.
Section 4. Effective Date. This ordinance shall be effective upon its passage and publication.
Adopted by the Lakeville City Council this 19th day of October 2015.
CITY OF LAKEVILLE
BY: _______________________
Matt Little, Mayor
ATTEST:
___________________________
Charlene Friedges, City Clerk
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CAP AGENCY ZONING MAP AMENDMENT
On October 8, 2015 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the request of the Community Action Partnership of Scott, Carver &
Dakota Counties (CAP Agency) for a Zoning Map amendment to rezone property from RM-
1, Medium Density District to PUD, Planned Unit Development District. The Planning
Commission conducted a public hearing on the proposed Zoning Map amendment
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 currently zoned RM-1, Medium Density Residential District.
2. The property is located in Planning District No. 7 (Central Business District) of the
Comprehensive Plan which guides the property for low/medium density residential use.
3. The legal description of the portion of the property to be rezoned is:
Lot 1, Block 1 and the North 5.25 feet of Lot 2, Block 1,
MCNEARNEY 1ST ADDITION
4. Section 11-3-3E of the City of Lakeville Zoning Ordinance provides that a Zoning Map
amendment may not be issued unless certain criteria and 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.
Planning District 7 allows medium and high density residential land uses.
b. The proposed use is or will be compatible with present and future land uses of the area.
The proposed rezoning from RM-1 District to PUD District is consistent with the historic land
use of the property and is consistent with the character of the existing neighborhood.
The existing property and building exterior will not change and will remain compatible with
land uses in the area.
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c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
The building has been used as a group home or transitional housing since it was constructed
in 1981. The transitional housing use of the property will not change with the rezoning from
RM-1 to PUD.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
The subject property lies within the Planning District No. 7 of the Comprehensive Plan.
City sewer and water services currently serve the property. The proposed rezoning will
have no impact on the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
The rezoning from RM-1 to PUD will not impact the streets serving the property.
5. The planning report, dated September 30, 2015, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: October 19, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
October 8, 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 Jason Swenson, Vice Chair Linda Maguire, Brooks Lillehei,
Karl Drotning, Paul Reuvers, Pat Kaluza, Tom Thorstenson, Ex-officio member Nic
Stevens
Members Absent: Scott Einck
Others Present: Frank Dempsey, Associate Planner and Penny Brevig, Recording
Secretary
3. Approval of the Meeting Minutes
The September 24, 2015 Planning Commission meeting minutes were approved as
presented.
4. Announcements
The following was handed out at tonight’s meeting:
• Draft ordinance in reference to Agenda Item 5, CAP Agency rezoning.
Mr. Dempsey informed the Planning Commission and the public that the October
22nd Planning Commission meeting will be cancelled due to lack of agenda items.
5. Community Action Partnership (CAP) of Scott, Carver and Dakota Counties
Chair Swenson opened the public hearing to consider the application of the
Community Action Partnership (CAP Agency) of Scott, Carver and Dakota County
for a Zoning Map amendment to rezone property from RM-1, Medium Density
Residential District to PUD, Planned Unit Development District, located at 20345
Iberia Avenue.
Eric Gentry, Director of Housing and Michelle Franke, Manager of Housing, both
with the CAP Agency, were in attendance at tonight’s meeting to present a brief
overview of their project. Mr. Gentry explained that they are requesting a remodel to
their building located at 20345 Iberia Avenue to add a fifth dwelling unit. No
changes will be made to the exterior of the building or property. They provided
packets of information explaining the CAP Agency.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that representatives of the CAP Agency are requesting approval of a rezoning
Planning Commission Meeting Minutes, October 8, 2015 Page 2
of their property located at 20345 Iberia Avenue from RM-1, Medium Density
Residential District to PUD, Planned Unit Development District. The rezoning would
allow an interior building remodel to re-introduce a fifth dwelling unit into the existing
transitional housing building and increase the overall density of the property.
Mr. Dempsey explained that the two story building was constructed in 1981 with five
living units of which one unit was used by an on-site caretaker for the group home.
After the building became an independent living facility, the on-site staff dwelling unit
was no longer needed and the staff dwelling unit was converted to recreation and
storage space.
Mr. Dempsey indicated that the proposed density is consistent with the residential
use in the neighborhood including the apartment complex on the east side of Iberia
Avenue and the 40 unit Dakota County CDA townhomes to the southwest off of
203rd Street.
No alterations are proposed to the existing off-street parking lot, which consists of
eight parking spaces.
Mr. Dempsey commented that the draft ordinance that was distributed at tonight’s
meeting added the following stipulation to the two stipulations that were listed in the
September 30, 2015 planning report:
• The only permitted use is one residential building with five dwelling units.
Mr. Dempsey stated that Planning Department staff recommends approval of the
rezoning, subject to the three stipulations listed in the draft ordinance.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Maguire to close the public hearing
at 6:09 p.m.
Ayes: Lillehei, Thorstenson, Maguire, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning asked Mr. Dempsey to explain the difference
between the draft ordinance and the stipulations in the September 30, 2015
planning report.
• Commissioner Drotning asked for clarity as to what services the CAP agency
provides. Mr. Gentry responded.
Motion was made by Maguire, seconded by Reuvers to recommend to City
Council approval of the CAP Agency Zoning Map amendment to rezone property
Planning Commission Meeting Minutes, October 8, 2015 Page 3
from RM-1, Medium Density Residential District to PUD, Planned Unit Development
District, located at 20345 Iberia Avenue, subject to the following stipulations:
1. The only permitted use is one residential building with five dwelling units.
2. A building permit is required prior to commencing construction of the interior
remodel.
3. The building shall be converted back to four units if the building is no longer
being used for human service or group home purposes.
Ayes: Thorstenson, Maguire, Swenson, Reuvers, Kaluza, Drotning, Lillehei
Nays: 0
There being no further business, the meeting was adjourned at 6:17 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: September 30, 2015
Subject: Packet Material for the October 8, 2015 Planning Commission Meeting
Agenda Item: CAP Agency Rezoning – 20345 Iberia Avenue
Action Deadline: November 3, 2015
INTRODUCTION
Representatives of the Community Action Partnership of Scott, Carver & Dakota Counties
(CAP Agency) are requesting approval of a rezoning of a property with a two story four-
unit residential building from RM-1, Medium Density Residential District to PUD, Planned
Unit Development District to allow an interior building remodel to re-introduce a fifth
dwelling unit into the existing transitional housing building located at 20345 Iberia
Avenue.
The CAP Agency provides various public assistance services, including affordable and
transitional housing throughout the three-county area. Transitional housing provides
temporary housing for residents that are in immediate need with the ultimate goal that
the tenant will procure a permanent residence within a certain amount of time. The
subject property and building has been occupied as a group home or for transitional
housing since the building was constructed in1981.
EXHIBITS
The following exhibits are attached for your reference:
A. Location Aerial Photo
2
B. Existing and Proposed Zoning Map
C. Applicant Narrative
D. Survey Site Plan
E. Existing and Proposed Floor Plan (2 Pages)
F. 1981 Floor Plan
G. East Street View Elevation
H. South Street View Elevation
Surrounding Land Uses and Zoning
North – Auto Repair Facility (C-3)
South – 203rd Street and twin homes (RST-1)
East – Iberia Avenue and Bethlehem Lutheran Church (O-R)
West – Undeveloped 0.74 acre property (C-3 District)
PLANNING ANALYSIS
The proposal by the CAP Agency to remodel the interior of the existing 5,320 square foot
apartment building to reintroduce one additional dwelling unit for a total of five units
would increase the density of the 0.53 acre property from 7.5 units per acre to 9.4 units per
acre. The new unit will not alter the exterior of the existing building. The current RM-1,
Medium Density District zoning allows a maximum density of approximately 8.7 units per
acre.
Rezoning. The rezoning of the property from RM-1 District to PUD District would allow the
interior remodel to occur to include one additional unit, thereby increasing the overall
density. Planning Department staff and the City’s planning consultant concur that the PUD
rezoning allows a variation in the density requirements for this specialized human service
use of the property. The proposed density is consistent with the residential use in the
neighborhood including the Lamplighter Apartments on the east side of Iberia and the 40
unit Dakota County CDA townhomes to the west located south of 203rd Street.
Building. The two story building was constructed in 1981 with five living units of which
one unit was used by an on-site caretaker for the group home for mentally handicapped
persons. After the building became an independent living facility, the on-site staff
dwelling unit was no longer needed and the staff dwelling unit was converted to storage
space.
Parking. There are eight parking spaces on site plus a detached accessory building used
for maintenance equipment storage. Eight parking spaces were constructed when the
original five unit building was constructed in 1981. The CAP Agency indicates that most of
their tenants in transitional housing do not own vehicles and parking has not been an
issue for this use. No alterations are proposed to the existing off-street parking lot.
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RECOMMENDATION
Planning Department staff recommends approval of the CAP Agency rezoning from RM-1
District to PUD District subject to the following stipulations:
1. A building permit is required prior to commencing construction of the interior
remodel.
2. The building shall be converted back to four units if the building is no longer being
used for human service or group home purposes.
Findings of fact are attached.
C-3 O-R
P/OS
PUD
RH-1
RM-1
RS
-
3
RS
-
C
B
D
RST-1
29
IC
EFA
LL
T
RL
202ND ST W
205TH ST W
ICEFALL
W
A
Y
205TH ST W
I
B
E
R
I
A
A
V
E
H
U
N
T
ERCT
203RD ST W
HERITA G E D R
PRIVATE RD
C-3 O-R
P/OS
PUD
RH-1
RM-1
RS
-
3
RS
-
C
B
D
RST-1
29
IC
EFA
LL
T
RL
202ND ST W
205TH ST W
ICEFALL
W
A
Y
205TH ST W
I
B
E
R
I
A
A
V
E
H
U
N
T
ERCT
203RD ST W
HERITA G E D R
PRIVATE RD
CURRENT ZONING - RM-1 PROPOSED ZONING - PUD
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CAP AGENCY ZONING MAP AMENDMENT
FINDINGS OF FACT
On October 8, 2015 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the request of the Community Action Partnership of Scott, Carver &
Dakota Counties (CAP Agency) for a Zoning Map amendment to rezone property from RM-
1, Medium Density District to PUD, Planned Unit Development District. The Planning
Commission conducted a public hearing on the proposed Zoning Map amendment
preceded by published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak.
1. The property is currently zoned RM-1, Medium Density Residential District.
2. The property is located in Planning District No. 7 (Central Business District) of the
Comprehensive Plan.
3. The legal description of the portion of the property to be rezoned to AP District is:
Lot 1, Block 1 and the North 5.25 feet of Lot 2, Block 1,
MCNEARNEY 1ST ADDITION
4. Section 11-3-3E of the City of Lakeville Zoning Ordinance provides that a zoning
amendment may not occur unless certain criteria and 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.
Planning District 7 allows medium and high density residential land uses.
b. The proposed use is or will be compatible with present and future land uses of the area.
The proposed rezoning from RM-1 District to PUD District is consistent with the historic land
use of the property and is consistent with the character of the existing neighborhood.
The existing property and building exterior will not change and will remain compatible with
land uses in the area.
2
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
The building has been used as a group home or transitional housing since it was constructed
in 1981. The transitional housing use of the property will not change with the rezoning from
RM-1 District to PUD District.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
The subject property lies within the Planning District No. 7 of the Comprehensive Plan.
City sewer and water services currently serve the property. The proposed rezoning will
have no impact on the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
The rezoning from RM-1District to PUD District will not impact the streets serving the
property.
5. The planning report, dated September 30, 2015, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: October 8, 2015
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CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk