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HomeMy WebLinkAboutItem 09 Date: Item No. THE MOMENTS OF LAKEVILLE ZONING ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a Zoning Ordinance amendment to allow the connection of principal buildings across a property line in the C-2, C-3, C- CBD and O-P District and a summary for publication; and 2) a conditional use permit to allow the connection of two principal buildings across a property line and to allow a six-foot tall chain link fence in the required front yard in the C-3, General Commercial District, and adoption of the findings of fact. Overview Elizabeth Wright, representing The Moments of Lakeville, has submitted applications for a Zoning Ordinance amendment to allow an enclosed building corridor to connect two principal buildings on two separate properties in the C-2, C-3, C-CBD and O-P District, and a conditional use permit to allow the building corridor connection and fence to be constructed within front yard (Kenyon Avenue) of The Moments properties, which are zoned C-3, General Commercial District. The request is part of a planned expansion of The Moments of Lakeville memory care facility located at 16258 Kenyon Avenue originally approved by the City Council on April 15, 2019. The Planning Commission recommended unanimous approval subject to eight stipulations. The applicant has signed and submitted the required private maintenance and utilities agreement for the proposed building connection. Primary Issue to Consider • Why cannot the two lots be combined into a single lot as proposed with their original expansion plans approved by the City Council? According to The Moments representatives, all attempts were made to combine the two properties into a single tax parcel but were unable to do so for project financing purposes. Supporting Information • Ordinance and summary Ordinance • Conditional Use Permit and findings of fact • October 17, 2019 Planning Commission minutes • October 17, 2019 revised planning report Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, AICP, Associate Planner November 18, 2019 Zoning Ordinance 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-72-7 of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby amended to add the following provisions and renumber subsequent sections accordingly: G. Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that: 1. The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9.D of this title. 2. Setbacks: a. Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot. b. The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot. 3. The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address: a. Responsibilities for maintenance and repair to the structure connecting the principal buildings. b. Provision of utilities including temperature control, water, and/or electricity. (1) Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings. c. Removal of the structure connecting the principal buildings and termination of the agreement. 2 4. Grading and storm water management issues for the structure connecting the principal buildings shall be subject to review and approval by the City Engineer. 5. The structure connecting the principal buildings shall not encroach within or over any drainage and utility easement; the property owner(s) shall execute an agreement to be recorded with each lot addressing storm water management along the common property line, subject to approval of the City Engineer. 6. The structure connecting the principal buildings shall comply with the requirements of the building code. Section 2. Section 11-73-7 of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby amended to add the following provisions and renumber subsequent sections accordingly: G. Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that: 1. The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9.D of this title. 2. Setbacks: a. Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot. b. The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot. 3. The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address: a. Responsibilities for maintenance and repair to the structure connecting the principal buildings. b. Provision of utilities including temperature control, water, and/or electricity. (1) Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings. c. Removal of the structure connecting the principal buildings and termination of the agreement. 3 4. Grading and storm water management issues for the structure connecting the principal buildings shall be subject to review and approval by the City Engineer. 5. The structure connecting the principal buildings shall not encroach within or over any drainage and utility easement; the property owner(s) shall execute an agreement to be recorded with each lot addressing storm water management along the common property line, subject to approval of the City Engineer. 6. The structure connecting the principal buildings shall comply with the requirements of the building code. Section 3. Section 11-74-7 of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby amended to add the following provisions and renumber subsequent sections accordingly: G. Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that: 1. The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9.D of this title. 2. Setbacks: a. Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot. b. The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot. 3. The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address: a. Responsibilities for maintenance and repair to the structure connecting the principal buildings. b. Provision of utilities including temperature control, water, and/or electricity. (1) Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings. c. Removal of the structure connecting the principal buildings and termination of the agreement. 4 4. Grading and storm water management issues for the structure connecting the principal buildings shall be subject to review and approval by the City Engineer. 5. The structure connecting the principal buildings shall not encroach within or over any drainage and utility easement; the property owner(s) shall execute an agreement to be recorded with each lot addressing storm water management along the common property line, subject to approval of the City Engineer. 6. The structure connecting the principal buildings shall comply with the requirements of the building code. Section 4. Section 11-75-7 of the Zoning Ordinance (O-P District – Conditional Uses) is hereby amended to add the following provisions and renumber subsequent sections accordingly: C. Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that: 1. The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9.D of this title. 2. Setbacks: a. Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot. b. The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot. 3. The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address: a. Responsibilities for maintenance and repair to the structure connecting the principal buildings. b. Provision of utilities including temperature control, water, and/or electricity. (1) Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings. c. Removal of the structure connecting the principal buildings and termination of the agreement. 5 4. Grading and storm water management issues for the structure connecting the principal buildings shall be subject to review and approval by the City Engineer. 5. The structure connecting the principal buildings shall not encroach within or over any drainage and utility easement; the property owner(s) shall execute an agreement to be recorded with each lot addressing storm water management along the common property line, subject to approval of the City Engineer. 6. The structure connecting the principal buildings shall comply with the requirements of the building code. Section 5. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 18th day of November, 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE This ordinance amends Title 11 of the Lakeville City Code. Amendments have been made to the following Chapters of the Lakeville City Code. Title 11 (Zoning Ordinance) Chapter 72-7 (C-2 District - Conditional Uses) Chapter 73-7 (C-3 District - Conditional Uses) Chapter 74-7 (C-CBD District - Conditional Uses) Chapter 75-7 (O-P District - Conditional Uses) A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 18th day of November, 2019. CITY OF LAKEVILLE BY: ________________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 19- ______ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit to TMSC of Lakeville, LLC to allow the connection of two principal buildings across a property line and a six-foot tall chain link fence in the required front yard in the C-3, General Commercial District located at 16258 Kenyon Avenue. 2. Property. The conditional use permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 1 and 2, Block 1, Kenyon Retail 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The proposed fence on Lot 1 and the existing chain-link fence on Lot 2 requires issuance of a fence permit by the City prior to installing the new fence on Lot 1. All fences shall be constructed of black vinyl coated chain link and shall meet Zoning Ordinance requirements. Screening slats or any other non-durable screen material shall not be installed on the chain-link fence. b) The black nylon mesh screening material on the existing fence on Lot 2 shall be removed prior to the issuance of a permit for the new fence on Lot 1. If screening is desired by the property owner, English Ivy or comparable vegetative screening shall be planted to grow on the chain-link fence along 162nd Street. 2 c) The 12-foot tall solid privacy fence approved by variance on November 20, 2017 shall expire. d) The Zoning Lot designation that combined Lot 1 and Lot 2 shall be rescinded by Planning Department staff. e) Plans showing exterior building materials of the connection that are consistent with the exterior materials of the principal buildings must be submitted with the building permit application for the new principal building and connection. f) The City Engineer shall review and approve the grading and storm water management design for the structure connecting the principal buildings prior to issuance of a building permit for the new principal building and connection. g) The structure connecting the principal buildings shall comply with Building Code requirements. 4. Revocation. The City may revoke the conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 5. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit unless an extension is approved by the Zoning Administrator. DATED: November 18, 2019 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor Seal BY: ________________________ Charlene Friedges, City Clerk 3 The foregoing instrument was acknowledged before me this 18th day of November 2019, by Douglas P. Anderson, 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 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA THE MOMENTS OF LAKEVILLE AND CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On October 17, 2019 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Elizabeth Wright, representing Waite Holdings, LLC for a conditional use permit to allow a building connection across a property line a six-foot tall chain link fence in the required front yard in the C-3 District. 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 located in Planning District No. 1, Interstate 35/County Road 50/Orchard Lake, of the 2040 Comprehensive Plan which guides the property for commercial uses. 2. The property is zoned C-3, General Commercial District. 3. The legal description of the property is: Lots 1 and 2, Block 1, Kenyon Retail 4. Section 11-3-3E and 11-4-3E of the City of Lakeville Zoning Ordinance provides that a Zoning Ordinance text amendment and conditional use permit may not be approved 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. 2 Finding: The conditional use permit to allow the connection of two principal buildings across a property line and the proposed fence in the front yard setback are consistent with the policies and provisions of Planning District 1 of the Comprehensive Land Use Plan. b) The proposed use is or will be compatible with future land uses of the area. Finding: The proposed expansion of The Moments to include the connection of the existing and new buildings with an interior corridor across the property line and a fence within the front yard setback of both lots 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. Finding: The proposed expansion of The Moments to include the connection of the existing and new buildings with an interior corridor across the property line and a fence within the front yard setback of both lots will conform to the performance standards set forth in the Zoning Ordinance given compliance with the stipulations of 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. Finding: The Moments memory care facility 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. Finding: Traffic generated by The Moments memory care use can be accommodated by all streets serving the property. 5. The planning report prepared by Frank Dempsey, Associate Planner, revised October 17, 2019 is incorporated herein. 3 DECISION The City Council approves the Conditional Use Permit in the form attached thereto. Dated: November 18, 2019 CITY COUNCIL BY: __________________________________ Douglas P. Anderson, Mayor BY: __________________________________ Charlene Friedges, City Clerk 1 City of Lakeville Planning Department Memorandum To Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: October 8, 2019 (revised October 17, 2019) Subject: Packet Material for the October 17, 2019 Planning Commission Meeting Agenda Item: The Moments of Lakeville 1. Amendment to Sections 11-72-7, 11-73-7, 11-74-7, and 11-75-7 of the Zoning Ordinance to allow the connection of principal buildings across a property line for interior pedestrian and vehicle use by conditional use permit. 2. Conditional use permit to allow the connection of two principal buildings across a property line. 3. Conditional use permit to allow a six-foot tall chain link fence in the required front yard in the C-3, General Commercial District. Application Action Deadline: November 11, 2019 INTRODUCTION Elizabeth Wright, representing Waite Holdings, LLC and The Moments of Lakeville, has submitted applications for a Zoning Ordinance amendment to allow an enclosed building corridor to connect two principal buildings on two separate properties, a conditional use permit to allow the building corridor connection, and a conditional use permit to allow a fence to be constructed within front yard of The Moments properties. The request is part of a planned expansion of The Moments of Lakeville memory care facility located at 16258 Kenyon Avenue previously considered by the Planning Commission at a public hearing on March 7, 2019 and approved by the City Council on April 15, 2019. The Planning Commission recommended to the City Council approval of the Zoning Ordinance amendment, 2 a conditional use permit for the building connection, a conditional use permit for a building height of 41 feet, and a conditional use permit for total impervious surface area greater than 25% of the project lot area in addition to a vacation of a drainage and utility easement. After the Planning Commission meeting and prior to the City Council meeting, The Moments representatives withdrew the application for the Zoning Ordinance amendment and the conditional use permit request to allow the building connection. The Moments representatives agreed they would pursue a combination of the two properties making the Zoning Ordinance amendment and building connection conditional use permit unnecessary. After several months of discussions with their development partners after City Council approval of the project, The Moments representatives have determined that combining the two properties will not be possible. The applicant now requests approval of the Zoning Ordinance amendment and the building connection conditional use permit as well as the conditional use permit for the fence. The building plans propose a two-story building expansion, with a finished basement, of approximately 78,000 square feet consisting of 60 memory care units. The existing facility is 20,235 square feet with 32 memory care units. EXHIBITS A. Aerial Photo B. Project Narrative dated September 9, 2019 C. Survey and Site Plan of Lots 1 and 2 with existing and proposed fences highlighted D. December 19, 2018 TPC memo with draft ordinance E. CUP 19-11 Surrounding Land Uses and Zoning: North – 162nd Street (CSAH 46) South – Kenyon Avenue and Lee Lake mixed use development (PUD and Shoreland Overlay District) East – The Moments Memory Care and Interstate 35 West – Kenyon Avenue and commercial development (C-3 and Shoreland Overlay District. 3 STAFF ANALYSIS I. ZONING ORDINANCE AMENDMENT The developer’s proposal to connect the two separate buildings on two separate lots by an enclosed pedestrian walkway is not currently allowed by the Zoning Ordinance. The applicant has told staff that the lots cannot be combined into a single parcel due to private financial institution requirements even though the memory care facility is owned and managed by the same group. The Planning Company (TPC), the City’s planning consultant, drafted ordinance language for a proposed amendment to allow connection of principal buildings across a property line as a conditional use. These regulations will apply to properties within the C-2, C-3, C-CBD, and O-P Districts. The draft ordinance is attached to the TPC memo (Exhibit D) and includes seven performance standards. II. CONDITIONAL USE PERMIT Comprehensive Plan. The subject property is guided Commercial in the 2040 Comprehensive Land Use Guide Plan and is located in Planning District No. 1, which incorporates the area of Interstate 35/County Road 50/Orchard Lake District, including the area around Lee Lake. The commercial use of the property is consistent with the 2040 Land Use Plan and District 1 recommendations. Zoning. The property is zoned C-3, General Commercial District. Section 11-73-7M of the Zoning Ordinance allows senior housing with services in the C-3 District by conditional use permit. The draft Zoning Ordinance amendment will allow a connection between the existing and proposed memory care buildings to be located on separate lots by conditional use permit. Connection of Buildings. The Zoning Ordinance amendment drafted by TPC includes the following performance standards for the connection of principal buildings across a property line by conditional use permit: 1. Exterior building materials for the structure connecting each principal building shall be consistent with the materials used for the principal buildings. Plans showing exterior building materials of the connection that are consistent with the exterior materials of the principal buildings must be submitted with the building permit application for the new principal building and connection. 4 2. Setbacks: a. Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot. The buildings on each lot comply with setback requirements. b. The structure connecting the principal buildings shall not encroach upon the required front yard or the required side yard of a corner lot. The structure connecting the principal will not encroach upon the required front yard or required side yard of the corner lot. 3. The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address: a. Responsibilities for maintenance and repair to the structure connecting the principal buildings. b. Provision of utilities including temperature control, water, and/or electricity. 1) Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected buildings. c. Removal of the structure connecting the principal buildings and termination of the agreement. The property owner shall submit an agreement meeting the above criteria for review by the City Attorney prior to City Council consideration of the conditional use permit. The agreement shall be recorded prior to the issuance of a building permit for the new principal building and connection. 4. Grading and storm water management issues for the structure connecting the two principal buildings shall be subject to approval of the City Engineer. 5 The City Engineer shall review and approve the grading and storm water management design for the structure connecting the principal buildings prior to issuance of a building permit for the new principal building and connection. 5. The structure connecting the two principal buildings shall not encroach within or over any drainage and utility easement; the property owner(s) shall execute an agreement to be recorded with each lot addressing storm water management along the common property line, subject to approval of the City Engineer. The drainage and utility easement along the shared lot line of Lots 1 and 2 has been vacated. The building connection will not encroach on any easement. The agreement required by subsection 3 shall include this provision. 6. The structure connecting the principal buildings shall comply with the requirements of the building code. The structure connecting the principal buildings shall comply with Building Code requirements. Fences. A 72-inch tall (six-foot) vinyl coated chain link fence with a fabric mesh screen was installed prior to issuance of a fence permit along the north side of Lot 2 shortly after the building was constructed in 2016. Instead of removing the chain link fence, The Moments applied for a variance to allow them to install a 12-foot tall solid privacy fence between the north property line and the existing building on Lot 2 to block headlight glare from the I-35/CSAH 46 off ramp. The Planning Commission held a public hearing on November 2, 2017 for the variance and recommended approval. The City Council approved the variance on November 20, 2017. The fence has not yet been constructed but an extension of the variance was approved to extend the deadline of the fence construction to November 20, 2019. The Moments of Lakeville representatives have now determined that they will instead install the six-foot tall chain link fence in lieu of the solid wall. If the fence conditional use permit is approved, the variance will be allowed to expire. In addition to seeking formal approval of the existing fence on Lot 2, The Moments are requesting a conditional use permit to install another six-foot tall chain-link fence along the entire rear (north), front (south) and west side lot lines on Lot 1. The fence is proposed to run across both properties to act as a security enclosure for their client’s well-being. A conditional use permit is required to allow a fence in the front yard, which is the area within the minimum 30-foot building setback abutting Kenyon Avenue. There is no minimum setback from the rear yard abutting 162nd Street (CSAH 46). The fence is proposed to be set back as close as 10 feet 6 from the Kenyon Avenue (front) property line. The existing fence on Lot 2 is approximately 10 feet from the Kenyon Avenue right-of-way. Without a conditional use permit, the minimum setback for the fence along Kenyon Avenue is 30 feet. The location of the fence on the property, the lack of visual impact to other properties in the area, and the purpose of the fence for security and safety purposes for the memory care facility clients are considered acceptable qualifications for approval of the conditional use permit. A conditional use permit stipulation will require the black nylon type of screening currently on the fence be removed as it is not an acceptable fence material. CUP No. 19-11. All stipulations of CUP 19-11 shall remain in full force and effect except as amended by the proposed CUP which includes 3b, c and g. Zoning Lot. The Zoning Lot designation that combined Lot 1 and Lot 2 shall be rescinded by Planning Department staff. RECOMMENDATION Planning Department staff recommends approval of the Zoning Ordinance amendment, and conditional use permit for the building connection and, conditional use permit for the fences on The Moments of Lakeville properties subject to the following stipulations: 1. The proposed fence on Lot 1 and the existing chain-link fence on Lot 2 requires issuance of a fence permit by the City prior to installing the new fence on Lot 1. All fences shall be constructed of black vinyl coated chain link and shall meet Zoning Ordinance requirements. Screening slats or other non-durable screen material shall not be installed on the chain-link fence. 2. The black nylon mesh screening material on the existing fence on Lot 2 shall be removed prior to the issuance of a permit for the new fence on Lot 1. If screening is desired by the property owner, English Ivy or comparable vegetative screening shall be planted to grow on the chain-link fence along 162nd Street. 3. The 12-foot tall solid privacy fence approved by variance on November 20, 2017 shall expire. 4. The Zoning Lot designation that combined Lot 1 and Lot 2 shall be rescinded by Planning Department staff. 7 5. Plans showing exterior building materials of the connection that are consistent with the exterior materials of the principal buildings must be submitted with the building permit application for the new principal building and connection. 6. The property owner shall submit an agreement meeting the requirements of the proposed Zoning Ordinance amendment for review by the City Attorney prior to City Council consideration of the conditional use permit. The agreement shall be recorded prior to the issuance of a building permit for the new principal building and connection. 7. The City Engineer shall review and approve the grading and storm water management design for the structure connecting the principal buildings prior to issuance of a building permit for the new principal building and connection. 8. The structure connecting the principal buildings shall comply with Building Code requirements. Findings of Fact for the Zoning Ordinance amendment and conditional use permits are attached. THE MOMENTS OF LAKEVILLE Property Information Octo ber 8, 2019 0 225 450112.5 ft 0 60 12030 m 1:2,400 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. 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey Frank Dempsey FROM: D. Daniel Licht, AICP DATE: 19 December 2018 RE: Lakeville – Zoning Ordinance; Building connections TPC FILE: 135.01 BACKGROUND Moments of Lakeville has constructed a senior assisted living facility on Lot 2, Block 1, Kenyon Retail located at 16258 Kenyon Avenue. The developer is proposing to construct a second senior living facility on Lot 1, Block 1, Kenyon Retail to the west. The two senior assisted living facilities are to be separate principal buildings, but the developer is proposing a connection between the two buildings as a pedestrian walkway. The developer has requested an amendment to the Zoning Ordinance to allow for the proposed pedestrian building connection to be constructed without combining the two lots. Exhibits:  Draft ordinance ANALYSIS The subject site is zoned C-3, General Commercial District. The C-3 District does not allow for construction of a physical connection between two principal buildings on abutting lots over the common property line. Such construction affects application of setback requirements, has operational considerations related to the shared use of the structure connecting the principal buildings, as well as site development issues related to grading, stormwater management, and utilities. For these reasons, our office recommends allowance of a connection between principal buildings for internal pedestrian or vehicle use as a conditional use within commercial zoning districts. 2 We have drafted a proposed amendment to allow connection of principal buildings across a property line as a conditional use within the C-2, C-3, C-CBD, and O-P Districts. Allowance of such connections may be contemplated for other zoning districts as part of a broader update of the Zoning Ordinance in the future. The performance standards required for approval of a conditional use permit include:  Exterior materials must be consistent with those used for the principal buildings and must comply with the exterior finish requirements established by the Zoning Ordinance.  The connecting structure is not to be allowed within a required front yard or side yard of a corner lot.  The principal buildings, except for the connecting structure, must comply with the setback requirements for each lot. This provision allows that the connecting structure could be removed in the future and each principal building function separately and in full compliance with the lot requirements of the Zoning Ordinance.  The property owner(s) must record an agreement addressing ownership and maintenance of the connecting structure with each lot. The agreement must address utilities, maintenance, repairs and removal of the structure upon termination of the agreement.  If connection to water utilities is required for the connecting structure (likely for fire protection), the service is to be extended from the water service to one of the principal buildings and billed by the City via that account.  Site grading for construction of the connecting structure is subject to review and approval of the City Engineer.  The connecting structure may not encroach within or over drainage and utility easements. An agreement addressing stormwater management along the common property line between connected principal buildings will be required. In addition to the zoning issues outlined above, the Building Code establishes specific requirements for structures that overlay property lines that are not separated by a closed fire wall. Compliance with the requirements of the Building Code for the connecting structure is listed as an additional performance standard for approval of the CUP. Compliance with the Building Code requirements would be determined by the Building Official as part of a building permit application. 3 CONCLUSION Allowance of a structure connecting principal buildings across property lines provides greater flexibility in the management and operation of commercial properties or facilities such as Moments of Lakeville senior assisted living uses. Providing opportunity for such a structure connecting principal buildings as a conditional use is consistent with the City’s goals to maximize development potential, encourage in-place expansions and protect public health, safety and welfare. Our office recommends approval of the proposed Zoning Ordinance amendment in the form attached hereto.