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HomeMy WebLinkAboutItem 06City of Lakeville Planning Department Me morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: October 27, 2017 Subject: Packet Material for the November 2, 2017 Planning Commission Meeting Agenda Item: The Moments of Lakeville Fence Variance Application Action Deadline: December 8, 2017 BACKGROUND SUMMARY TMSC of Lakeville, LLC, also known as The Moments of Lakeville, has submitted an application for a variance to allow the construction of a 10 foot tall privacy fence within the required setback adjacent to a public street. The Moments of Lakeville is a memory care facility located south of 162nd Street (CSAH 46) and north of Kenyon Avenue at 16258 Kenyon Avenue. The Zoning Ordinance requires a minimum 30 foot setback from a public street for a fence on a commercial zoned property. EXHIBITS A. Zoning Map B. Aerial Photo C. Application Narrative D. Applicant’s Address to Variance Criteria 2 E. Survey/Site Plan F. Cross Section Plan G. Photo Simulation Perspective View VARIANCE ANALYSIS The Moments of Lakeville owner has determined that the headlights from vehicles facing south and turning from the I-35 exit ramp at 162nd Street (CSAH 46) are causing a disturbance to the residents who reside in the facility. The applicant for the variance contacted City staff with a request to install a privacy fence to remedy the issue with headlight glare. The owner had previously installed a 42 inch tall black vinyl coated chain link fence on top of the 8-10 foot tall retaining wall as a safety measure for users of the trail along 162nd Street, consistent with similar retaining walls adjacent to public trail but the existing fence is not tall enough to provide the necessary headlight screening. The owner proposes to install a 10 foot tall privacy fence along the north side of the property setback 14.2 feet of the south property line. The subject property is zoned C-3, General Commercial District. Section 11-21-5.H.1.a of the Zoning Ordinance allows commercial fences subject to a minimum setback of 30 feet adjacent to public road rights-of-way. The proposed board-on-board style privacy fence will be constructed of maintenance free composite materials and located in place of the existing chain link fence which will be removed prior to the new fence being installed. The owner has provided a visual cross- section showing vehicles at the 162nd Street/I-35 off-ramp intersection in relation to the location and height of the proposed privacy fence. The illustration indicates that the 10 foot tall privacy fence would provide the desired headlight screening. The applicant has agreed to plant ivy on the north side of the fence which, over time, will provide additional seasonal screening. The ivy on the fence as additional landscape screening from the view of the road is consistent with the design objectives outlined in the City’s Corridor and Gateway Design Study. Staff suggested the owner explore other options that would allow the desired screening prior to applying for the fence variance. Along the north side of the property, there is an 8-10 foot tall retaining set back approximately 20 feet from the rear (north side) of the building. The developer of the property dedicated a 15 foot wide trail easement to Dakota County north of the retaining wall and adjacent to the 162nd Street right-of-way line. Dakota County was not in favor of allowing the property owner to install trees and/or shrubs within the trail easement. The proposed 10 foot tall privacy fence was determined to be the best option to provide the needed safety fence above the retaining wall and to maximize headlight screening 3 at the greatest possible setback to the property line. The fence is located approximately eight- tenths of a foot into the Dakota County trail easement, 14.2 feet from the property line. The location of the fence within the trail easement is subject to the approval of Dakota County. VARIANCE REVIEW CRITERIA Section 11-6-5 of the Zoning Ordinance states that the board of adjustment (City Council) shall not approve any variance request unless it is determined that failure to grant the variance will result in practical difficulties. “Practical difficulties” means that the property owner’s request is a use of the property in a reasonable manner not permitted by the Zoning Ordinance. Economic conditions alone do not constitute practical difficulties. The following criteria must also be met: 1. That the variance would be consistent with the comprehensive plan. The use of the property is a residential care facility in a commercial zoning district, consistent with the comprehensive plan. The fence will be a durable maintenance free material consistent with the architectural quality requirements of the Zoning Ordinance. The use of the screening fence would improve the living conditions of residents in the building whose living spaces are located on the north side of the building. 2. That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. The residential care facility is allowed by conditional use permit in the C-3 District. The privacy fence to screen headlight glare for the facility’s residents is consistent with residential fence requirements. The topography of the property in the vicinity of the fence is lower than the street thereby reducing the visibility of a large part of the fence. 3. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The property topography resulted in a large part from the design and construction of the 162nd Street and Interstate 35 bridge and intersection improvements, which created a steep slope along the north side of the property whereby the building is located largely below the road. This creates a situation where vehicle headlights shine into the windows of the living units on the north side of the facility. 4 4. That the purpose of the variance is not exclusively economic considerations. The purpose of the variance is to screen vehicle headlights from shining into the living units. The variance is not economic in nature. 5. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed 10 foot tall screening fence will not be a detriment to the character of the commercially zoned properties in the area. The proposed ivy will enhance the character of the fence and will improve the screening of headlights. 6. That the requested variance is the minimum action required to eliminate the practical difficulty. The topographical and cross section illustrations submitted with the application indicate that the 10 foot tall screening fence is the minimum necessary to screen the headlights from the north side of the building. 7. Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person’s land is located. Fences are an allowed use on a commercial zoned property. The use of the property as a residential care facility is a conditional use of the property. Staff’s review of the Memories of Lakeville variance application finds that it meets the above criteria to demonstrate practical difficulty. Findings of fact for approval of the variance request are attached. RECOMMENDATION Planning Department staff recommends approval of the variance subject to the following stipulations: 1. The fence shall be installed in the location shown on the approved site plan. 2. The fence shall not exceed 10 feet in height. 5 3. The fence shall be constructed of maintenance free compositing fence materials in a design consistent with the plan submitted with the variance application and approved with this variance. 4. Ivy landscaping shall be installed on the north side of the fence in adequate quantities to provide linear landscape screening of the fence from 162nd Street. 5. The location of the fence within the trail easement is subject to approval of Dakota County. 6. A building permit shall be issued for the fence prior to construction. Lee Lake P/OS PUDRS-3 RS-3 C-3 C-3 C-3 C-3 C-3 §¨¦35 162ND ST W KENRICK AVE165TH ST W KENO R AWAYKENYONAVEKENRICK LOOPBUCK HILL RD ZONING MAP 16258 KENYON AVENUE Ü EXHIBIT A 16258 Kenyon Avenue Property Information October 23, 2017 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. EXHIBIT B Lakeviile Planning Department 20195 Holyoke Ave. Lakeville, MN 55044 Attn: Dar/1 Morey Planning Director Dear Daryl Morey, October 3, 2017 Thank you for your time and attention to this important natter. We greatly appreciate your consideration of this Variance Application submission. I am writing on behalf of The Moments of lakevilfe, a new state-of-the-art Memory Care community opening this fall. As you may be aware, we are located directly at the exit of County Road 46. Our building is literally positioned on the south quadrant of a main intersection. In fact, the positioning of our two-story main foyer, featuring a glass atrium, sits directly in the line of traffic exiting south off of Hwy 35W. As construction on this beautiful Memory Care community is coming to completion, we have become aware of a concerning challenge for which we believe, with your support, we have an ideal solution. The issue is we are observing a significant strobing headfight effect, which occurs in our main dining hall and resident rooms, in particular when semi-trucks come to a stop at the intersection behind our building. More concerning is the headlights streak across the entire expanse of all backside windows, as these vehicles make their turns both to the east and west. For individuals with a diagnosis of Dementia, there is a high level of sensitivity to light stimulus. The random frequency of streaking and strobing of headlights across a room can produce extreme agitation and hallucinogenic effects, which can be quite disturbing to a resident who will not likely have the ability to understand what the light is, and from where it originates. We have explored several solutions for remedying this challenge, which include applying anti-glare films to the windows, black-out curtains, etc. However, none of these approaches have proven fully effective in eliminating the light from coming into the building at night. Our best approach to solving this problem is to request a variance, in order to accommodate an 8-foot modern composite, wood grain textured, privacy fence to be located where the existing fence line is currently. In order to assure this 2-foot increase in height fence is safe during high winds, or wind gusts, the fence will be slated to allow air to flow through. Composite technology fencing is designed to withstand weathering and decay, while assuring a long-lasting pleasing aesthetic. Also, it should be noted that because the grade of the existing fence line has a natural slope to it, the additional height of the fence will visually appear as 6-foot high fence, while effectively blocking the headlights from entering the building at night. We greatly appreciate your consideration of this application and we look forward to the becoming a valued member of the Lakeville community. Best "ards, : ^" - li be rig ^cu^^Z-- *°-^-~;n. ^ EXHIBIT C VARIENCE TO ALLOW DEVELOPMENT OF PRIVACY FENCING 1) That the variance would be consistent with the comprehensive plan. The proposed screening improvements to the property are reasonable and consistent with the comprehensive plan. The view of the developed fence on the slope of the northern end of the property will be an improvement from the current chain link fence. The proposed fence will be made of a composite material to resemble a cedar privacy fence and will help to provide further screening on the site which is mimicked throughout with various fencing and landscaping designs. 2) That the variance would be in harmony with the general purposes and intent of this title. The request is consistent with the spirit and intent of the City of Lakeville’s ordinance because it complies with the safety, maintenance, and height allowances for commercial use of fencing and screening. The fence is to be built within the property boundaries and will mimic natural materials and colors of the area and the building facade. The view of the developed fence will be that of a 3’-4’ tall fence due to the steep slope where it is located and will be used to prevent headlights from entering the property. 3) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The circumstances for this composite privacy fence are unique to this site due to the dramatic grade change from the right-of-way to the building façade. The slope decreases by 10’ causing the headlights from the vehicles exiting Highway 35 to shine directly onto the property and into the senior living building’s windows. Installing a privacy fence is the most practical way to decrease the amount of light let onto the site. 4) That the purpose of the variance is not exclusively economic considerations. This variance for the proposed composite privacy fence is not exclusively economic purposes. The purposes for this fence is to minimize the headlights cast onto the property and inside the building from vehicles exiting Highway 35. 5) That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed fence development will not be injurious to the use and enjoyment of the property or impede on the essential character of the neighborhood. The new fence will be compatible with the existing mix of retaining walls and fences in the area and on the parcel of land it is located on. 6) That the requested variance is the minimum action required to eliminate the practical difficulty. Installing a fence on the parcel of land is the minimum action required to eliminate the practical difficulty. An eight-foot privacy fence to protect this property from vehicle headlights is proposed in a reasonable manner that will not negatively impact the surrounding area or pedestrians. 7) Variances may not be approved for any use that is not allowed under the Zoning Ordinance for property in the zone where the affected person’s land is located. The use of this eight-foot tall fence is to screen the parcel of land from offsite lighting impacts. The Lakeville Zoning Ordinance allows eight-foot tall screening fences in Commercial Zoning Uses including the zoning district of this property. EXHIBIT D 162nd Street WestS.W.Frontage RoadΔ(KENYON AVENUE)10' HT. COMPOSITE PRIVACYFENCING, TYP.10' HT. COMPOSITE PRIVACYFENCING, TYP.EXISTING RETAININGWALL TO REMAIN, TYP.EXISTING RETAININGWALL TO REMAIN, TYP.EXISTING CHAIN LINKFENCE, TYP.EXISTING CHAIN LINKFENCE,TYP.14.8' FENCE 15.4' FENCE 14.2' FENCE 15.1' BACK OF WALL 15.3' BACK OF WALL 15.9'BACKOFWALL 4931 W. 35TH ST. SUITE 200ST. LOUIS PARK, MN 55416CivilSiteGroup.comMatt PavekPat Sarver763-213-3944952-250-2003COPYRIGHT 2013 CIVIL SITE GROUP INC.cISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION10/06/17 CITY SUBMITTAL10/25/17 CITY RESUBMITTAL. .. .. .. .. .. .. .. .. .. .. . MOMENTS OF LAKEVILLE COUNTRY ROAD 46 & HWY 35, LAKEVILLE, MN 55044 POBOX 16101, MINNEAPOLIS, MN 55416 TMSC OF LAKEVILLE LLC PROJECT 24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.10/25/17REVISION SUMMARYDATE DESCRIPTIONC2.0SITE PLAN. .. .. .. .. .. .SITE PLAN LEGEND:01" = 20'-0"20'-0"10'-0"NGOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALCOMPOSITE PRIVACY FENCEEXHIBIT E 10.0'10'-0" HT. COMPOSITE PRIVACY FENCING, TYP.PUBLIC CITY SIDEWALKEASTBOUND LANES COUNTY ROAD 46WESTBOUND LANES COUNTY ROAD 46OFF-RAMP TRAFFIC FROM HIGHWAY 35PROPERTY LINEMEDIANLANDSCAPE BOULEVARDKENYAN RETAIL - LAKEVILLE SENIOR PROPERTYREFER TO COMPOSITE PRIVACY FENCE - 10' HT. DETAILEXISTING BUILDING FACADE4931 W. 35TH ST. SUITE 200ST. LOUIS PARK, MN 55416CivilSiteGroup.comMatt PavekPat Sarver763-213-3944952-250-2003COPYRIGHT 2013 CIVIL SITE GROUP INC.cISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION10/06/17 CITY SUBMITTAL10/25/17 CITY RESUBMITTAL. .. .. .. .. .. .. .. .. .. .. . MOMENTS OF LAKEVILLE COUNTRY ROAD 46 & HWY 35, LAKEVILLE, MN 55044 POBOX 16101, MINNEAPOLIS, MN 55416 TMSC OF LAKEVILLE LLC PROJECT 24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.10/25/17COMPOSITE PRIVACY FENCE - 10' HT.TRASH ENCLOSURE WALLSTD. 6' (NOM.) SECTION5'FENCE SECTION ELEVATIONPLAN10'-0"4X4 POST W/ BEVEL TOP TYP.STD. 6' (NOM.) SECTION1X4 BOARDS2X4 TOP CAP2X4 TOP CAP (NOT SHOWN)+/- 5.0' TYP.+/- 5.0' TYP.18" WIDE CONCRETE FROST FOOTINGSINSTALLER REQUIRED TO OBTAINCERTIFICATION OF SIZE MEETINGSTRUCTURAL REQUIREMENTS2X4 FENCE RAIL (5)1X4 INFILL BOARDS2 COURSES CLEAR BOARDS4X4 POST W/ BEVEL TOP TYP.REVISION SUMMARYDATE DESCRIPTIONC3.0DETAILS. .. .. .. .. .. .01" = 5'-0"5'-0"2'-6"N1KENYON RETAIL COMPOSITE FENCE ELEVATIONEXHIBIT F EXHIBIT G 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA THE MOMENTS OF LAKEVILLE VARIANCE FINDINGS OF FACT AND RECOMMENDATION On November 2, 2017 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of TMSC of Lakeville, LLC, aka The Moments of Lakeville, for a variance to allow the construction of an eight foot tall privacy fence within the required setback adjacent to a public street on property located at 16258 Kenyon Avenue. The Planning Commission conducted a public hearing on the proposed variance 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 located in Planning District No. 1 of the 2008 Comprehensive Plan which guides the property for commercial land use. 2. The property is zoned C-3, General Commercial District. The residential care facility is a conditional use in the C-3 District. 3. The legal description of the property is: Lot 2, Block 1, Kenyon Retail 4. Section 11-6-5 of the Zoning Ordinance requires that certain criteria be met in consideration of a variance request. The criteria and our findings regarding them are: a) That the variance would be consistent with the comprehensive plan. Finding: The use of the property is a residential care facility in a commercial zoning district, consistent with the comprehensive plan. The fence will be a durable maintenance free material consistent with the architectural quality requirements of the Zoning Ordinance. The use of the screening fence would improve the living conditions of residents in the building whose living spaces are located on the north side of the building. 2 b) That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. Finding: The residential care facility is allowed by conditional use permit in the C-3 District. The privacy fence to screen headlight glare for the facility’s residents is consistent with residential fence requirements. The topography of the property in the vicinity of the fence is lower than the street thereby reducing the visibility of a large part of the fence. c) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property topography resulted in a large part from the design and construction of the 162nd Street and Interstate 35 bridge and intersection improvements, which created a steep slope along the north side of the property whereby the building is located largely below the road. This creates a situation where vehicle headlights shine into the windows of the living units on the north side of the facility. d) That the purpose of the variance is not exclusively for economic considerations. Finding: The purpose of the variance is to screen vehicle headlights from shining into the living units. The variance is not economic in nature. e) That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Finding: The proposed eight foot tall screening fence will not be a detriment to the character of the commercially zoned properties in the area. The proposed ivy will enhance the character of the fence and will improve the screening of headlights. f) That the requested variance is the minimum action required to eliminate the practical difficulty. Finding: The topographical and cross section illustrations submitted with the application indicate that the eight foot tall screening fence is the minimum necessary to screen the headlights from the north side of the building. 3 g) Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person’s land is located. Finding: Fences are an allowed use on a commercial zoned property. The use of the property as a residential care facility is a conditional use of the property. 5. The planning report dated October 27, 2017 and prepared by Associate Planner, Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approved this variance request. DATED: November 2, 2017 CITY OF LAKEVILLE BY: ________________________ Jason Swenson, Chair