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HomeMy WebLinkAboutItem 06.h Date: Item No. THE MOMENTS OF LAKEVILLE CONDITIONAL USE PERMIT AMENDMENT Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) The Moments of Lakeville conditional use permit amendment and adoption of findings of fact, 2) a resolution vacating a drainage and utility easement, and 3) a Site Improvement Performance Agreement. Overview Elizabeth Wright, representing Waite Holdings, LLC and The Moments of Lakeville, have submitted applications for an amendment to Conditional Use Permit No.15-18 and the vacation of a drainage and utility easement to allow an expansion of the site for the construction of a new detached accessory building and garden terrace for The Moments of Lakeville located at 16258 Kenyon Avenue. The plans include the construction of a detached accessory building for use as an outdoor pavilion with kitchen, restrooms, storage, and a heating and air conditioning mechanical room that would serve the principal memory care facility. The conditional use permit amendment includes impervious surface area greater than 25% in the Lee Lake Shoreland Overlay District. The Planning Commission held a public hearing at their December 5, 2019 meeting and recommended unanimous approval subject to seven stipulations. There was no public comment. Primary Issue to Consider • None Supporting Information • Conditional Use Permit amendment form and findings of fact • Easement vacation resolution • Site Improvement Performance Agreement • December 5, 2019 Planning Commission minutes • November 26, 2019 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 January 6, 2020 Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 20- ______ AMENDMENT TO CUP #15-18 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit amendment to TMSC of Lakeville, LLC to allow a modified site plan with a detached accessory building and impervious surface area greater than 25% in the C-3, General Commercial District and Shoreland Overlay District located at 16258 Kenyon Avenue. 2. Property. The conditional use permit amendment is for the following described property in the City of Lakeville, Dakota County, Minnesota: All that part of Lot 2, Block 1, KENYON RETAIL, according to the recorded plat thereof, Dakota County, Minnesota, which lies easterly of the following described line and its southerly extension: Beginning at a point on the westerly line of said Lot 2, distance 151.14 feet southerly from the northwest corner of said Lot 2, as measured along said westerly line; thence northeasterly to a point on the northly line of said Lot 2, distance 59.94 feet easterly from said northwest corner of Lot 2, as measured along said northerly line, and said line there terminating. 2 3. Conditions. The conditional use permit amendment is issued subject to the following conditions: a) A Site Improvement Performance Agreement shall be signed by the applicant which shall include a $50,000 security with the conditional use permit amendment for grading, erosion control, landscaping, and restoration of the site improvements. b) The site and accessory building shall be developed in accordance with the plans approved by the City Council. c) The landscape plan shall be revised to include a more tolerant species to that environment. The required minimum size evergreen tree is eight feet tall. d) Any new lighting shall be downcast and not glare onto public right-of-way. e) A fence permit shall be applied for and approved by the Planning Department prior to installation of a fence. f) All stipulations of CUP 15-18, CUP 19-11 and CUP 19-14 shall remain in full force and effect. g) The Minnesota Department of Transportation shall review and approve the grading plan and retaining wall design prior to issuance of a grading permit or building permit. 4. Revocation. The City may revoke the conditional use permit amendment for cause upon determination that the conditional use permit amendment 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 amendment shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit amendment unless an extension is approved by the Zoning Administrator. DATED: January 6, 2020 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor Seal BY: ________________________ 3 Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this 6th day of January 2020, 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 CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND DECISION On December 6, 2019 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Elizabeth Wright, representing Waite Holdings, LLC, for an conditional use permit amendment to CUP 15-18 to allow a modified site plan and construction of a detached accessory building and impervious surface area greater than 25% in the Shoreland Overlay District. The Planning Commission conducted a public hearing on the proposed conditional use permit 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 located in 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: All that part of Lot 2, Block 1, KENYON RETAIL, according to the recorded plat thereof, Dakota County, Minnesota, which lies easterly of the following described line and its southerly extension: Beginning at a point on the westerly line of said Lot 2, distance 151.14 feet southerly from the northwest corner of said Lot 2, as measured along said westerly line; thence northeasterly to a point on the northly line of said Lot 2, distance 59.94 feet easterly from said northwest corner of Lot 2, as measured along said northerly line, and said line there terminating. 2 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a 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. Finding: The proposed detached accessory building and impervious surface area greater than 25% is consistent with uses allowed in commercial areas of the City and is consistent with the policies and provisions of Planning District No. 1 of the 2040 Comprehensive Plan. b) The proposed use is or will be compatible with future land uses of the area. Finding: The proposed detached accessory building and modified site plan 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 detached accessory building and modified site plan will conform to the performance standards set forth in the Zoning Ordinance given compliance with the stipulations of the approved conditional use permit amendment. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The proposed detached accessory building 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 senior care facility use and the expanded site plan with detached accessory building can be accommodated by all streets serving the property. 5. The planning report dated November 26, 2019 prepared by Associate Planner Frank Dempsey is incorporated herein. 3 DECISION The City Council approves the Conditional Use Permit amendment in the form attached hereto. Dated: January 6, 2020 CITY COUNCIL By: __________________________ Douglas P. Anderson, Mayor By: __________________________ Charlene Friedges, City Clerk 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 20-____ RESOLUTION VACATING A PUBLIC DRAINGE AND UTILITY EASEMENT WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public drainage and utility easement vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easement is hereby vacated: SEE EXHIBIT A 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 6th day of January, 2020 CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor 2 ATTEST: BY:________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 20-______ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 6th day of January, 2020 as shown by the minutes of said meeting in my possession. __________________________ Charlene Friedges City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 EXHIBIT A The Moments of Lakeville 205791v3 1 (reserved for recording information) SITE IMPROVEMENT PERFORMANCE AGREEMENT THE MOMENTS OF LAKEVILLE AGREEMENT dated ____________________, 2019, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and TMSC OF LAKEVILLE, LLC, a Minnesota limited liability company (“Developer”). 1. BACKGROUND. A. The Developer has submitted to the City an Amendment to Conditional Use Permit No. 15-18, application for the vacation of a drainage and utility easement, site plan, grading, drainage and utility plan, landscape plan and building plan for improvements. The land is situated in the County of Dakota, State of Minnesota, and is legally described as Exhibit “A” attached hereto and made a part hereof. B. The proposed site plan improvement to the above-described property includes the construction of a 1,912 square foot accessory building, approximately 15 feet in height for use as an outdoor pavilion, storage and heating and air conditioning mechanical room, and impervious surface area of the lot on which the terrace area and accessory building shall be constructed. The Moments of Lakeville 205791v3 2 2. CONDITIONS OF APPROVAL. This Agreement is a condition of City amendment to the Conditional Use Permit and site plan approval and will be recorded against the Subject Property. 3. PLANS. The Subject Property shall be developed in accordance with the following plans which are on file with the City. The plans shall not be attached to this Agreement. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A – Project Narrative dated November 5, 2019 Plan B – Survey Plan C – Site Plan Plan D – Grading and Utility Plan Plan E – Landscape Plan Plan F – Building Plan Plan G – Easement Vacation Sketch No work can occur outside of the areas indicated on the plans without modifying this Agreement or obtaining a separate grading permit. 4. LICENSE. Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with site development. 5. SANITARY SEWER. The Developer shall connect to the existing sanitary sewer service to serve the proposed building. Utility plans will be reviewed by the City in detail with the building permit application. 6. WATERMAIN. The Developer shall connect to the existing watermain service to serve the proposed building. A connection to the watermain must be indicated on the building permit plans and must meet City specifications and standards. 7. RETAINING WALLS. The Developer shall remove, relocate and reconstruct an existing privately owned and maintained retaining wall. The retaining wall shall be located on the The Moments of Lakeville 205791v3 3 parent parcel along the south, east, and north property lines bordering Outlot A, MnDot right -of-way and CSAH 46 right-of-way. Consistent with the City’s Subdivision Ordinance, all modular block retaining walls must meet MnDot requirements. A registered engineer must design the retaining wall and the plans must be approved by the building official and are subject to issuance of a separate building permit. 8. DRAINAGE AND GRADING. Construction of the site improvements requires placement of substantial fill material. The Developer proposes to transport fill material to the site via the green space between the curb and gutter and the existing retaining wall on the property. Hauling in this area will require issuance of a right-of-way permit for Kenyon Avenue. The Developer shall restore the right-of-way following completion of the site improvements. Prior to initiating site grading and issuance of a building permit, the Developer and Contractor must submit a traffic control plan and haul route map. If the haul route is determined to be infeasible prior to or during construction, the Developer and Contractor must submit a revised traffic control plan and haul route map prior to revising the hauling route. A separate security may be required during construction if the plans are changed. The Developer shall prepare a Stormwater Pollution Prevent Plan (SWPPP) and submit to the City a copy of the NPDES Permit, following issuance from the MPCA prior to initiating site grading. The plans include construction by the Developer of a privately owned and maintained storm sewer system to collect and convey the runoff from the site improvements to the existing adjacent stormwater management basin. The storm sewer and drainage design will be reviewed in detail with the building permit application. The Developer shall submit a $50,000.00 security to the City for grading, erosion control, and restoration of the site improvements approved with the conditional use permit amendment. The Moments of Lakeville 205791v3 4 9. SPECIAL PROVISIONS. The following special provisions shall apply to this Agreement: A. Developer shall comply with the Planning Memorandum dated November 26, 2019. B. The site plans and building construction shall be developed in accordance with plans approved by the City Council. C. A building permit is required prior to commencing construction. The construction shall be completed in accordance with the approval of the Building Official and Fire Marshal. D. The landscape plan shall be revised to include a more tolerant tree species to the environment of a high speed county road with salt spray. Landscaping shall be installed by the Developer consistent with the approved landscape plan, as may be amended pertaining to material species and as authorized by city staff. A $5,000.00 security shall be submitted with the building permit application to guarantee installation of the approved landscaping. E. Any new lighting shall be downcast and not glare onto public right-of-way. F. Prior to installation of a fence, the Developer shall apply for a fence permit approved by the Planning Department. G. All stipulations of CUP 15-18, CUP 19-11 and CUP 19-14 shall remain in full force and effect. 10. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate The Moments of Lakeville 205791v3 5 security, in the form attached hereto, from a bank ("Security") for $55,000.00 prior to City Council execution of this Agreement. The amount of the Security was calculated as follows: CONSTRUCTION COSTS: Grading Erosion Control, and Restoration $50,000.00 CONSTRUCTION SUB-TOTAL $50,000.00 OTHER COSTS: Landscaping 5,000.00 OTHER COSTS SUB-TOTAL $5,000.00 TOTAL PROJECT SECURITIES: $55,000.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Administrator. The City may draw down the Security, on five (5) business days prior written notice to the Developer, for any violation of the terms of this Agreement or without notice if the Security is allowed to lapse prior to the end of the required term. If the Security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as Security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 11. RESPONSIBILITY FOR COSTS. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Property, including but not limited to legal, planning, engineering and The Moments of Lakeville 205791v3 6 inspection expenses incurred in connection with approval of the site plan, the preparation of this Agreement, review of any other plans and documents. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. 12. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land and may be recorded against the title to the Property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property; that there are no unrecorded The Moments of Lakeville 205791v3 7 interests in the Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. F. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and certificates of occupancy, and the halting of all work on the Property. G. The Developer represents to the City that the development complies with all City, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the development does not comply, the City may, at its option, refuse to allow construction or development work in the development until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 13. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than ten (10) days in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. The Moments of Lakeville 205791v3 8 14. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: TMSC of Lakeville, LLC, 7900 Excelsior Blvd, Ste. 2000, Hopkins, MN 55343. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] The Moments of Lakeville 205791v3 9 CITY OF LAKEVILLE BY: __________________________________________ Douglas P. Anderson, Mayor (SEAL) AND __________________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2019, by Douglas P. Anderson and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC The Moments of Lakeville 205791v3 10 DEVELOPER: TMSC OF LAKEVILLE, LLC By _______________________________________ __________________________ [print name] Its ______________________________ [title] STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _______ day of _____________________, 2019, by ____________________________________________ the ____________________________________ of TMSC OF LAKEVILLE, LLC, a Minnesota limited liability company, on behalf of said limited liability company. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 AMP/smt The Moments of Lakeville 205791v3 11 EXIHBIT A All that part of Lot 2, Block 1, KENYON RETAIL, according to the recorded plat thereof, Dakota County, Minnesota, which lies easterly of the following described line and its southerly extension: Beginning at a point on the westerly line of said Lot 2, distance 151.14 feet southerly from the northwest corner of said Lot 2, as measured along said westerly line; thence northeasterly to a point on the northly line of said Lot 2, distance 59.94 feet easterly from said northwest corner of Lot 2, as measured along said northerly line, and said line there terminating. 1 City of Lakeville Planning Department Memorandum To Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: November 26, 2019 Subject: Packet Material for the December 6, 2019 Planning Commission Meeting Agenda Item: The Moments of Lakeville 1. Conditional Use Permit Amendment 2. Vacation of a Drainage and Utility Easement Application Action Deadline: January 5, 2020 INTRODUCTION Elizabeth Wright, representing Waite Holdings, LLC and The Moments of Lakeville, has submitted applications for an amendment to Conditional Use Permit No.15-18 and the vacation of a drainage and utility easement to allow an expansion of the site and construction of a new detached accessory building for The Moments of Lakeville located at 16258 Kenyon Avenue. The proposal includes the construction of a detached accessory building for use as an outdoor pavilion, storage and a heating and air conditioning mechanical room that would serve the principal memory care facility building constructed in 2015. EXHIBITS A. Aerial Photo B. Project Narrative dated November 5, 2019 C. Survey D. Site Plan (2 Pages) E. Grading and Utility Plan F. Landscape Plan G. Building Plan H. Easement Vacation Sketch 2 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 – Interstate 35 West – Future Phase II of The Moments of Lakeville (C-3 and Shoreland Overlay District). STAFF ANALYSIS CONDITIONAL USE PERMIT AMENDMENT Background. The Moments of Lakeville site and building has received a number of approvals for various phases of construction. Below is a summary of the project approvals for the property to date: November 2, 2015 – Preliminary and final plat of Kenyon Retail with two lots, Conditional Use Permit No. 15-17 for more than one principal building, impervious surface area greater than 25%, and a drive-in and convenience food establishment (Lot 1), and Conditional Use Permit No. 15-18 for impervious surface area greater than 25% and a residential care facility (Lot 2) with 32 units. November 20, 2017 – Variance approved for a privacy fence within the required setback to a public street. April 15, 2019 – Conditional use permit No. 19-11 to allow the expansion of The Moments onto Lot 1 with an additional 60 units. November 18, 2019 – Zoning Ordinance amendment and Conditional Use Permit No. 19-14 allowing a building connection across the property line between Lots 1 and 2 and a fence within the front yard building setback. 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. 3 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. Accessory buildings are an allowed accessory use in the C-3 District. Accessory Building. The accessory building is proposed to be 1,912 square feet in area and approximately 15 feet in height. The building will include an outdoor kitchen and dining area, restrooms, storage area, and a mechanical room with a small storage area. The mechanical room is designed to provide upgraded heating and air conditioning for the principal building. The building exterior will be sided with stacked stone to match the principal buildings and will include asphalt shingles and wood columns. The proposed accessory building complies with the minimum 30-foot setback to the north property line and 10 foot east side yard property line. Parking. The accessory building does not require additional parking spaces. The existing parking lot requires 20 parking spaces. Twenty-five parking spaces are provided. Impervious Surface Area. The proposed impervious surface area of the lot on which the terrace and accessory building will be constructed (Lot 2, Block 1) will total 58.7% which is within the allowable 70% impervious surface area allowed in the shoreland overlay district with a conditional use permit. Lot 1, which is the Phase 2 expansion area, is not yet developed, but has a proposed impervious surface area of 69.8%. The total combined impervious surface area for the two lots is less than the maximum allowed 70%. Grading and Import of Fill. Alex Jordan, Assistant City Engineer has reviewed the plans submitted with the conditional use permit amendment application and his comments are summarized as follows: The site expansion requires the removal, relocation and construction of an existing privately owned and maintained retaining wall. The wall is proposed to be located on the parent parcel along the south, east, and north property lines bordering Outlot A, MnDOT right-of-way and CSAH 46 right-of-way. Outlot A is owned by the City and contains an existing stormwater management basin that is privately maintained by the property owner of Moments of Lakeville. Consistent with the City’s Subdivision Ordinance, all modular block retaining walls must meet MnDOT requirements. Additionally, a registered engineer must design the retaining wall and the plans must be approved by the building official and are subject to issuance of a separate building permit. Construction of the site improvements require placement of substantial fill material. The applicant has provided a narrative for how the fill material will be transported to the site, via the green space between the curb and gutter and existing retaining wall on the property. Hauling in this area will require issuance of a right-of-way permit as this is largely within the Kenyon Avenue right-of-way. The applicant must restore the right-of-way following completion of the site improvements. 4 Prior to initiating site grading and issuance of a building permit, the applicant and contractor must submit a traffic control plan and haul route map. If the haul route is determined to be infeasible during construction, the applicant and contractor must submit a revised traffic control plan and haul route map prior to revising the hauling route. A separate security may be required during construction if the plans are changed. The applicant shall prepare a Stormwater Pollution Prevent Plan (SWPPP) and submit to the City a copy of the NPDES Permit, following issuance from the MPCA prior to initiating site grading. The plans include construction of a privately owned and maintained storm sewer system to collect and convey the runoff from the site improvements to the existing adjacent stormwater management basin. The storm sewer design will be reviewed in detail with the building permit application. Utility service to the proposed building is proposed via extension of existing sanitary sewer and watermain from the principal building on the parent parcel. The utility plans will be reviewed in detail with the building permit application. The applicant shall submit a $50,000 security for grading, erosion control, and restoration of the site improvements approved with the conditional use permit amendment. Landscaping. The landscape plan (Exhibit F) identifies 12, six-foot tall white fir trees along the north boundary between the proposed terrace and 162nd Street (CSAH 46). White fir trees are known to be intolerant to salt spray, a common condition along high speed county roads such as 162nd Street. The landscape plan shall be revised to include a more tolerant species to that environment. The minimum size evergreen tree is eight feet tall. Lighting. The plans do not include any new site lighting with the terrace and accessory building project. Any new lighting shall be downcast and not glare onto public right-of-way. Fences. A 72-inch tall (six-foot) vinyl coated chain link fence will be installed around the garden and pavilion area consistent with the fence approved with the Phase 2 conditional use permit amendment by the City Council on November 18, 2019. EASEMENT VACATION The proposal includes the vacation of a portion of the drainage and utility easement on the south side of Lot 2 adjacent to the City owned Outlot A. The easement vacation is necessary to accommodate part of the proposed retaining wall. All utility companies with a potential interest 5 in the easement vacation were notified. None have expressed opposition to the request to vacate the easement. RECOMMENDATION Planning Department staff recommends approval of The Moments of Lakeville conditional use permit amendment subject to the following stipulations: 1. A Site Improvement Performance Agreement shall be signed by the applicant which shall include a $50,000 security with the conditional use permit for grading, erosion control, landscaping, and restoration of the site improvements. 2. The site and accessory building shall be developed in accordance with the plans approved by the City Council. 3. The landscape plan shall be revised to include a more tolerant species to that environment. The minimum size evergreen tree is eight feet tall. 4. Any new lighting shall be downcast and not glare onto public right-of-way. 5. A fence permit shall be applied for and approved by the Planning Department prior to installation of a fence. 6. All stipulations of CUP 15-18, CUP 19-11 and CUP 19-14 shall remain in full force and effect. Findings of Fact are attached. THE MOMENTS OF LAKEVILLE CUP AMENDMENT Property Information November 6, 2019 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 A November 5, 2019 City of Lakeville Planning Department Attn: Frank Dempsey 20195 Holyoke Avenue Lakeville, MN 55044 RE: The Moments CUP and Vacation of Easement Dear Mr. Dempsey: First, I want to thank the City of Lakeville (the “City”) and your department for supporting The Moments growth in Lakeville. As you know, The Moments is seeking a conditional use permit (CUP) and a vacation of the drainage easement. I feel that a little background will be helpful for the City’s Planning Commission to understand the reason behind our request. The Moments originally was constructed as a 32-unit memory care community and has had great success in its fill and maintaining our occupancy. The need for high quality memory care is so great that we recently requested that the City allow us to construct 60 additional units, with a walkway to connect the two buildings, on the property to the west of the existing The Moments. We also submitted for building permits for phase II in the past week or so and are looking to break ground in December 2019. We are seeking now to build a beautiful outdoor area to the east of Phase I. The plan, as you can see by the submissions, is to build a beautiful European style garden, that consists of a walking and gathering area for residents of both buildings, their family members and staff to utilize during the summer months. There have been many names for this area tossed around but the truth is we saw the Rothschild Gardens on a documentary and asked how we can bring something similar to Lakeville. Most people have the misperception that memory care residents do not need or should not have access to outdoor spaces. At The Moments, we believe the opposite: allowing our residents the opportunity, as we all have, to enjoy the outdoors is not only important it is imperative. Beautiful outdoor areas afford our residents the chance to continue living their lives as they did prior to moving to The Moments. We have found that having the residents get outside to enjoy the weather and nature has a positive effect on their well-being and can decrease or moderate negative behaviors. The other significant aspect of this space will be a “comfort station” where the resident families can have get togethers for celebrations and food can be prepared for these get togethers. We want to provide the residents and family members with the chance to enjoy each other’s company and will provide the space, indoors and out, to accomplish that goal. This also includes an ADA compliant bathroom for their use while occupying the pavilion (or the garden). EXHIBIT B While the comfort and care of our residents is the most important aspect of adding this garden area, I also have realized there are several win-wins as owner. First, we found during the bidding process that the excavation for phase II will leave us significant fill that either must be trucked off-site or utilized on-site allowing us significant cost savings. Second, at the same time, we will be constructing the comfort station we will also be building a space to store our future HVAC upgrade solution. We believe that a better solution to the control of in room temperatures, especially during the cold winter months, will require a large enough space to house the new mechanical needs. This location would be ideal for that and the construction can be done simultaneously with the construction of phase II limiting the need for future construction again allowing us to realize a savings not only in construction but in the fill necessary to allow for the pad to be constructed. In order to keep the requirements for impervious hard cover as required by the City, we also decided that we will be using a permeable gravel that can be compacted to accommodate walkers and wheelchairs as well as not have washouts. An example would be the gravel used on golf cart paths. We are also looking into eco-friendly turf substitutes eliminating the need for significant watering that we normally see with grass. This along with our dream gardens will accentuate the beauty of the buildings and the existing landscaping. Again, I want to thank you for taking the time to consider our requests and I hope to showcase the beauty of the finished product next summer. Sincerely, Elizabeth Wright Founder – Chairman The Moments of Lakeville 16258 Kenyon Avenue Lakeville, MN 55044 REVISION SUMMARYDATEDESCRIPTION.V1.0SITE SURVEY....................... .. .. .. .EXHIBIT C OUTLOT A62 SFWOMENS30262 SFMENS3031092 SFOUT DOOR KITCHEN304261 SFMECH ROOM305150 SFSTORAGE308285 SFSTORAGE30972" VINYL COATED CHAIN-LINK FENCE, TYP.NO SLATS OR PRIVACY FEATURES22.7'5.0' 5.0' 5.9'R1 4 . 3 'R10.5'R1 0 . 5 ' R 5 . 5 'R9.9'R26.2'R26.2'42.0'18.4' 5.0'R10.5'R10.5'R5.5'R22.5'5.0'29.6'5.0'27.3'22.8'5.0'4.0'1.5'29.9 ' 16.1'27.2'19.2'72" ORNAMENTAL FENCE72" VINYL COATED CHAIN-LINK FENCE,TYP. NO SLATS OR PRIVACY FEATURESCONNECT TO EXISTING 72"FENCE BLACK VINYLFENCE72" ORNAMENTAL FENCECONNECT TO EXISTING 72" BLACK VINYLCHAIN LINK FENCE TO REMAINREMOVE EXISTING72"VINYL COATED CHAINLINK FENCE72"ORNAMENTALFENCE72" VINYLCOATED CHAINLINK FENCE72" VINYL COATED CHAIN-LINK FENCE, TYP.NO SLATS OR PRIVACY FEATURES22.7'5.0' 5.0' 5.9'R1 4 . 3 'R10.5'R1 0 . 5 ' R 5 . 5 'R9.9'R26.2'R26.2'42.0'18.4' 5.0'R10.5'R10.5'R5.5'R22.5'5.0'29.6'5.0'27.3'22.8'5.0'4.0'1.5'29.9 ' 16.1'27.2'19.2'72" ORNAMENTAL FENCE72" VINYL COATED CHAIN-LINK FENCE,TYP. NO SLATS OR PRIVACY FEATURESCONNECT TO EXISTING 72"FENCE BLACK VINYLFENCE72" ORNAMENTAL FENCECONNECT TO EXISTING 72" BLACK VINYLCHAIN LINK FENCE TO REMAINREMOVE EXISTING72"VINYL COATED CHAINLINK FENCE72"ORNAMENTALFENCE72" VINYLCOATED CHAINLINK FENCECivil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com612-615-0060MOMENTS OF LAKEVILLE: TERRACE 16254 KENYON AVE., LAKEVILLE, MN 55044 WAITE HOLDINGS, LLC PROJECT 44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.11/06/19ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION. .. .. .. .PROJECT NUMBER:17221. .11/06/19 CITY SUBMITTALDRAWN BY:REVIEWED BY:BN, PS, RBRB, PS. .. .. .. ..................COPYRIGHT CIVIL SITE GROUP INC.c201811/6/2019 3:11 PM16258 KENYON AVE., LAKEVILLE, MN 55044. .. .. .. .. .. .. .REVISION SUMMARYDATEDESCRIPTION.C2.0SITE PLAN....................... .. .. .. .1.CONTRACTOR SHALL VERIFY LOCATIONS AND LAYOUT OF ALL SITE ELEMENTS PRIOR TOBEGINNING CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, LOCATIONS OF EXISTING ANDPROPOSED PROPERTY LINES, EASEMENTS, SETBACKS, UTILITIES, BUILDINGS ANDPAVEMENTS. CONTRACTOR IS RESPONSIBLE FOR FINAL LOCATIONS OF ALL ELEMENTS FORTHE SITE. ANY REVISIONS REQUIRED AFTER COMMENCEMENT OF CONSTRUCTION, DUE TOLOCATIONAL ADJUSTMENTS SHALL BE CORRECTED AT NO ADDITIONAL COST TO OWNER.ADJUSTMENTS TO THE LAYOUT SHALL BE APPROVED BY THE ENGINEER/LANDSCAPEARCHITECT PRIOR TO INSTALLATION OF MATERIALS. STAKE LAYOUT FOR APPROVAL.2.THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION,INCLUDING A RIGHT-OF-WAY AND STREET OPENING PERMIT.3.THE CONTRACTOR SHALL VERIFY RECOMMENDATIONS NOTED IN THE GEO TECHNICALREPORT PRIOR TO INSTALLATION OF SITE IMPROVEMENT MATERIALS.4.CONTRACTOR SHALL FIELD VERIFY COORDINATES AND LOCATION DIMENSIONS OF THEBUILDING AND STAKE FOR REVIEW AND APPROVAL BY THE OWNERS REPRESENTATIVEPRIOR TO INSTALLATION OF FOOTING MATERIALS.5.LOCATIONS OF STRUCTURES, ROADWAY PAVEMENTS, CURBS AND GUTTERS, BOLLARDS,AND WALKS ARE APPROXIMATE AND SHALL BE STAKED IN THE FIELD, PRIOR TOINSTALLATION, FOR REVIEW AND APPROVAL BY THE ENGINEER/LANDSCAPE ARCHITECT.6.CURB DIMENSIONS SHOWN ARE TO FACE OF CURB. BUILDING DIMENSIONS ARE TO FACE OFCONCRETE FOUNDATION. LOCATION OF BUILDING IS TO BUILDING FOUNDATION AND SHALLBE AS SHOWN ON THE DRAWINGS.7.THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OR SAMPLES AS SPECIFIED FOR REVIEWAND APPROVAL BY THE ENGINEER/LANDSCAPE ARCHITECT PRIOR TO FABRICATION FOR ALLPREFABRICATED SITE IMPROVEMENT MATERIALS SUCH AS, BUT NOT LIMITED TO THEFOLLOWING, FURNISHINGS, PAVEMENTS, WALLS, RAILINGS, BENCHES, FLAGPOLES, LANDINGPADS FOR CURB RAMPS, AND LIGHT AND POLES. THE OWNER RESERVES THE RIGHT TOREJECT INSTALLED MATERIALS NOT PREVIOUSLY APPROVED.8.PEDESTRIAN CURB RAMPS SHALL BE CONSTRUCTED WITH TRUNCATED DOME LANDINGAREAS IN ACCORDANCE WITH A.D.A. REQUIREMENTS-SEE DETAIL.9.CROSSWALK STRIPING SHALL BE 24" WIDE WHITE PAINTED LINE, SPACED 48" ON CENTERPERPENDICULAR TO THE FLOW OF TRAFFIC. WIDTH OF CROSSWALK SHALL BE 5' WIDE. ALLOTHER PAVEMENT MARKINGS SHALL BE WHITE IN COLOR UNLESS OTHERWISE NOTED ORREQUIRED BY ADA OR LOCAL GOVERNING BODIES.10.SEE SITE PLAN FOR CURB AND GUTTER TYPE. TAPER BETWEEN CURB TYPES-SEE DETAIL.11.ALL CURB RADII ARE MINIMUM 3' UNLESS OTHERWISE NOTED.12.CONTRACTOR SHALL REFER TO FINAL PLAT FOR LOT BOUNDARIES, NUMBERS, AREAS ANDDIMENSIONS PRIOR TO SITE IMPROVEMENTS.13.FIELD VERIFY ALL EXISTING SITE CONDITIONS, DIMENSIONS.14.PARKING IS TO BE SET PARALLEL OR PERPENDICULAR TO EXISTING BUILDING UNLESSNOTED OTHERWISE.15.ALL PARKING LOT PAINT STRIPPING TO BE WHITE, 4" WIDE TYP.16.BITUMINOUS PAVING TO BE "LIGHT DUTY" UNLESS OTHERWISE NOTED. SEE DETAIL SHEETSFOR PAVEMENT SECTIONS.17.ALL TREES THAT ARE TO REMAIN ARE TO BE PROTECTED FROM DAMAGE WITH ACONSTRUCTION FENCE AT THE DRIP LINE. SEE LANDSCAPE DOCUMENTS.SITE LAYOUT NOTES:SITE PLAN LEGEND:TRAFFIC DIRECTIONAL ARROW PAVEMENT MARKINGSSIGN AND POST ASSEMBLY. SHOP DRAWINGS REQUIRED.HC = ACCESSIBLE SIGNNP = NO PARKING FIRE LANEST = STOPCP = COMPACT CAR PARKING ONLY01" = 10'-0"10'-0"5'-0"NKnow what'sbelow.before you dig.CallRCONCRETE PAVEMENT AS SPECIFIED (PAD OR WALK)SEE GEOTECHNICAL REPORT FOR AGGREGATE BASE& CONCRETE DEPTHS, SEE DETAIL.PROPERTY LINECURB AND GUTTER-SEE NOTES (T.O.) TIP OUTGUTTER WHERE APPLICABLE-SEE PLANLIGHT DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DEATIL.HEAVY DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DETAIL.CONSTRUCTION LIMITSTOEXHBIIT D OUTLOT AEX. CONC. EDGE = 988.3BOTTOM OF SWALE = 987.5962 SFWOMENS30262 SFMENS3031092 SFOUT DOOR KITCHEN304261 SFMECH ROOM305150 SFSTORAGE308285 SFSTORAGE30910.0'PROPOSED VACATION OF 10'D&U EASEMENT10.0 'Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com612-615-0060MOMENTS OF LAKEVILLE 16254 KENYON AVE., LAKEVILLE, MN 55044 WAITE HOLDINGS, LLC PROJECT 44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.09/04/19ISSUE/SUBMITTAL SUMMARYDATE DESCRIPTION09/04/19 FENCING PLAN SUBMITTAL. .. .. .. .. .PROJECT NUMBER: 1722101/10/19 CITY REVISIONS01/24/19 CITY RESUBMITTAL02/12/19 CITY RESUBMITTAL03/29/19 CITY RESUBMITTAL04/19/19 CONSTRUCTION DOCUMENTS05/03/19 UTILITY REVISIONS01/11/19 CITY SUBMITTALDRAWN BY:REVIEWED BY:BN, PS, RBRB, PS. .. .. .. ..................COPYRIGHT CIVIL SITE GROUP INC.c201810/10/2019 5:39 PM16258 KENYON AVE., LAKEVILLE, MN 55044REVISION SUMMARYDATE DESCRIPTION.C2.0TERRACE GARDENCONCEPT SITE PLAN10/10/2019.....CONCEPT PLAN............... .. .. .. .01" = 10'-0"10'-0"5'-0"NKnow what'sbelow.before you dig.CallRSITE PLAN LEGEND:CONCRETE PAVEMENT AS SPECIFIED (PAD OR WALK)SEE GEOTECHNICAL REPORT FOR AGGREGATE BASE& CONCRETE DEPTHS, SEE DETAIL.PROPERTY LINECURB AND GUTTER-SEE NOTES (T.O.) TIP OUTGUTTER WHERE APPLICABLE-SEE PLANLIGHT DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DEATIL.HEAVY DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DETAIL.CONSTRUCTION LIMITSTOEXHIBIT D OUTLOT A4" SANITARY LINE BETW. OUTBUILDINGAND MAIN BUILDING. PROVIDE FOR SEASONALWINTERIZING, COORD. W/ MECH'L.94 LF 4" PVC SCH. 40 @ 2.00%STUB SANITARY TO 5' FROM BLDG. COORD. W/ MECH'L.STUB IE=980.00±STUB SANITARY TO 5' FROM BLDG. COORD. W/ MECH'L.STUB IE=978.12±2" COPPER WATER SERVICE TO OUTBUILDING FROM MAIN BUILDING,PROVIDE FOR WINTERIZING, COORD. W/ MECH'L, STUB BOTH ENDS TO 5' FROM BLDG.62 SFWOMENS30262 SFMENS3031092 SFOUT DOOR KITCHEN304261 SFMECH ROOM305150 SFSTORAGE308285 SFSTORAGE309Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com612-615-0060MOMENTS OF LAKEVILLE: TERRACE 16254 KENYON AVE., LAKEVILLE, MN 55044 WAITE HOLDINGS, LLC PROJECT 44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.11/06/19ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION. .. .. .. .PROJECT NUMBER:17221. .11/06/19 CITY SUBMITTALDRAWN BY:REVIEWED BY:BN, PS, RBRB, PS. .. .. .. ..................COPYRIGHT CIVIL SITE GROUP INC.c201811/6/2019 3:11 PM16258 KENYON AVE., LAKEVILLE, MN 55044. .. .. .. .. .. .. .REVISION SUMMARYDATEDESCRIPTION.C3.0GRADING &UTILITY PLAN....................... .. .. .. .GENERAL UTILITY NOTES:UTILITY LEGEND:CITY OF LAKEVILLE UTILITY NOTES:1.RESERVED FOR CITY SPECIFIC UTILITY NOTES.01" = 10'-0"10'-0"5'-0"NKnow what'sbelow.before you dig.CallRCATCH BASINGATE VALVE AND VALVE BOXSANITARY SEWERSTORM SEWERWATER MAINPROPOSED FIRE HYDRANTMANHOLEFES AND RIP RAP1. SEE SITE PLAN FOR HORIZONTAL DIMENSIONS AND LAYOUT.2. CONTRACTOR SHALL FIELD VERIFY LOCATION AND ELEVATION OF EXISTING UTILITIES ANDTOPOGRAPHIC FEATURES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALLIMMEDIATELY NOTIFY THE ENGINEER OF DISCREPANCIES OR VARIATIONS FROM THEPLANS.3. ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATEONE CALL" (651-454-0002 OR 800-252-1166) FOR UTILITY LOCATIONS, 48 HOURS PRIOR TOCONSTRUCTION. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY UTILTIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.4. UTILITY INSTALLATION SHALL CONFORM TO THE CURRENT EDITION OF "STANDARDSPECIFICATIONS FOR WATER MAIN AND SERVICE LINE INSTALLATION" AND "SANITARYSEWER AND STORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERSASSOCIATION OF MINNESOTA (CEAM), AND SHALL CONFORM WITH THE REQUIREMENTS OFTHE CITY AND THE PROJECT SPECIFICATIONS.5. CASTINGS SHALL BE SALVAGED FROM STRUCTURE REMOVALS AND RE-USED OR PLACED ATTHE DIRECTION OF THE OWNER.6. ALL WATER PIPE SHALL BE CLASS 52 DUCTILE IRON PIPE (DIP) AWWA C151, ASME B16.4,AWWA C110, AWWA C153 UNLESS OTHERWISE NOTED.7. ALL SANITARY SEWER SHALL BE SDR 26 POLYVINYL CHLORIDE (PVC) ASTM D3034 & F679, ORSCH 40 ASTM D1785, 2665, ASTM F794, 1866) UNLESS OTHERWISE NOTED.8. ALL STORM SEWER PIPE SHALL BE HDPE ASTM F714 & F2306 WITH ASTM D3212 SPECFITTINGS UNLESS OTHERWISE NOTED.9. PIPE LENGTHS SHOWN ARE FROM CENTER TO CENTER OF STRUCTURE OR TO END OFFLARED END SECTION.10. UTILTIES ON THE PLAN ARE SHOWN TO WITHIN 5' OF THE BUILDING FOOTPRINT. THECONTRACTOR IS ULTIMATELY RESPONSIBLE FOR THE FINAL CONNECTION TO BUILDINGLINES. COORDINATE WITH ARCHITECTURAL AND MECHANICAL PLANS.11. CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCHBASINS IN GUTTERS SHALL BE SUMPED 0.15 FEET PER DETAILS. RIM ELEVATIONS SHOWNON THIS PLAN DO NOT REFLECT SUMPED ELEVATIONS.12. ALL FIRE HYDRANTS SHALL BE LOCATED 5 FEET BEHIND BACK OF CURB UNLESSOTHERWISE NOTED.13. HYDRANT TYPE, VALVE, AND CONNECTION SHALL BE IN ACCORDANCE WITH CITYREQUIREMENTS. HYDRANT EXTENSIONS ARE INCIDENTAL.14. A MINIMUM OF 8 FEET OF COVER IS REQUIRED OVER ALL WATERMAIN, UNLESS OTHERWISENOTED. EXTRA DEPTH MAY BE REQUIRED TO MAINTAIN A MINIMUM OF 18" VERTICALSEPARATION TO SANITARY OR STORM SEWER LINES. EXTRA DEPTH WATERMAIN ISINCIDENTAL.15. A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTALSEPARATION IS REQUIRED FOR ALL UTILITIES, UNLESS OTHERWISE NOTED.16. ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE IN ACCORDANCE WITH CITYSTANDARDS AND COORDINATED WITH THE CITY PRIOR TO CONSTRUCTION.17.CONNECTIONS TO EXISTING STRUCUTRES SHALL BE CORE-DRILLED.18. COORDINATE LOCATIONS AND SIZES OF SERVICE CONNECTIONS WITH THE MECHANICALDRAWINGS.19. COORDINATE INSTALLATION AND SCHEDULING OF THE INSTALLATION OF UTILITIES WITHADJACENT CONTRACTORS AND CITY STAFF.20. ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OFTHE CITY. ALL PAVEMENT CONNECTIONS SHALL BE SAWCUT. ALL TRAFFIC CONTROLSSHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THEREQUIREMENTS OF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES(MMUTCD) AND THE CITY. THIS SHALL INCLUDE BUT NOT BE LIMITED TO SIGNAGE,BARRICADES, FLASHERS, AND FLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BEOPEN TO TRAFFIC AT ALL TIMES. NO ROAD CLOSURES SHALL BE PERMITTED WITHOUTAPPROVAL BY THE CITY.21. ALL STRUCTURES, PUBLIC AND PRIVATE, SHALL BE ADJUSTED TO PROPOSED GRADESWHERE REQUIRED. THE REQUIREMENTS OF ALL OWNERS MUST BE COMPLIED WITH.STRUCTURES BEING RESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FORTRAFFIC LOADING.22. CONTRACTOR SHALL CORDINATE ALL WORK WITH PRIVATE UTILITY COMPANIES.23. CONTRACTOR SHALL COORDINATE CONNECTION OF IRRIGATION SERVICE TO UTILITIES.COORDINATE THE INSTALLATION OF IRRIGATION SLEEVES NECESSARY AS TO NOT IMPACTINSTALLATION OF UTILITIES.24. CONTRACTOR SHALL MAINTAIN AS-BUILT PLANS THROUGHOUT CONSTRUCTION AND SUBMITTHESE PLANS TO ENGINEER UPON COMPLETION OF WORK.25.ALL JOINTS AND CONNECTIONS IN STORM SEWER SYSTEM SHALL BE GASTIGHT ORWATERTIGHT. APPROVED RESILIENT RUBBER JOINTS MUST BE USED TO MAKE WATERTIGHTCONNECTIONS TO MANHOLES, CATCHBASINS, OR OTHER STRUCTURES.26.ALL PORTIONS OF THE STORM SEWER SYSTEM LOCATED WITHIN 10 FEET OF THE BUILDINGOR WATER SERVICE LINE MUST BE TESTED IN ACCORDANCE WITH MN RULES, CHAPTER4714, SECTION 1109.0.EXHIBIT E OUTLOT AA51912A5191462 SFWOMENS30262 SFMENS3031092 SFOUT DOOR KITCHEN304261 SFMECH ROOM305150 SFSTORAGE308285 SFSTORAGE309A51919A5191712-WHITE FIR (Abies concolor)AT 6.0' HT INSTALLED (B&B)REVISION SUMMARYDATEDESCRIPTION.L1.0LANDSCAPE PLAN....................... .. .. .. .Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com612-615-0060MOMENTS OF LAKEVILLE: TERRACE 16254 KENYON AVE., LAKEVILLE, MN 55044 WAITE HOLDINGS, 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.11/06/19ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION. .. .. .. .PROJECT NUMBER:17221. .11/06/19 CITY SUBMITTALDRAWN BY:REVIEWED BY:BN, PS, RBRB, PS. .. .. .. ..................COPYRIGHT CIVIL SITE GROUP INC.c201811/6/2019 3:12 PM16258 KENYON AVE., LAKEVILLE, MN 55044. .. .. .. .. .. .. .1.WHERE SHOWN, SHRUB & PERENNIAL BEDS SHALL BE MULCHED WITH 4" DEPTH (MINIMUMAFTER INSTALLATION AND/OR TOP DRESSING OPERATIONS) OF SHREDDED CYPRESSMULCH.2.ALL TREES SHALL BE MULCHED WITH SHREDDED CYPRESS MULCH TO OUTER EDGE OFSAUCER OR TO EDGE OF PLANTING BED, IF APPLICABLE. ALL MULCH SHALL BE KEPTWITHIN A MINIMUM OF 2" FROM TREE TRUNK.3.IF SHOWN ON PLAN, RANDOM SIZED LIMESTONE BOULDERS COLOR AND SIZE TOCOMPLIMENT NEW LANDSCAPING. OWNER TO APPROVE BOULDER SAMPLES PRIOR TOINSTALLATION.4.PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMENSTANDARDS AND SHALL BE OF HARDY STOCK, FREE FROM DISEASE, DAMAGE ANDDISFIGURATION. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING PLUMPNESS OF PLANTMATERIAL FOR DURATION OF ACCEPTANCE PERIOD.5.UPON DISCOVERY OF A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOWN ONTHE SCHEDULE AND THE QUANTITY SHOWN ON THE PLAN, THE PLAN SHALL GOVERN.6.CONDITION OF VEGETATION SHALL BE MONITORED BY THE LANDSCAPE ARCHITECTTHROUGHOUT THE DURATION OF THE CONTRACT. LANDSCAPE MATERIALS PART OF THECONTRACT SHALL BE WARRANTED FOR ONE (1) FULL GROWING SEASONS FROMSUBSTANTIAL COMPLETION DATE.7.ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL RECEIVE 4" LAYER TOPSOILLOAM AND SOD AS SPECIFIED UNLESS OTHERWISE NOTED ON THE DRAWINGS.8.COORDINATE LOCATION OF VEGETATION WITH UNDERGROUND AND OVERHEAD UTILITIES,LIGHTING FIXTURES, DOORS AND WINDOWS. CONTRACTOR SHALL STAKE IN THE FIELDFINAL LOCATION OF TREES AND SHRUBS FOR REVIEW AND APPROVAL BY THE LANDSCAPEARCHITECT PRIOR TO INSTALLATION.9.ALL PLANT MATERIALS SHALL BE WATERED AND MAINTAINED UNTIL ACCEPTANCE.10.REPAIR AT NO COST TO OWNER ALL DAMAGE RESULTING FROM LANDSCAPECONTRACTOR'S ACTIVITIES.11.SWEEP AND MAINTAIN ALL PAVED SURFACES FREE OF DEBRIS GENERATED FROMLANDSCAPE CONTRACTOR'S ACTIVITIES.12.REPAIR AT NO COST TO THE OWNER IRRIGATION SYSTEM DAMAGED FROM LANDSCAPECONSTRUCTION ACTIVITIES.13.PROVIDE SITE WIDE IRRIGATION SYSTEM DESIGN AND INSTALLATION. SYSTEM SHALL BEFULLY PROGRAMMABLE AND CAPABLE OF ALTERNATE DATE WATERING. THE SYSTEMSHALL PROVIDE HEAD TO HEAD OR DRIP COVERAGE AND BE CAPABLE OF DELIVERING ONEINCH OF PRECIPITATION PER WEEK. SYSTEM SHALL EXTEND INTO THE PUBLICRIGHT-OF-WAY TO THE EDGE OF PAVEMENT/BACK OF CURB.14.CONTRACTOR SHALL SECURE APPROVAL OF PROPOSED IRRIGATION SYSTEM INLCUDINGPRICING FROM OWNER, PRIOR TO INSTALLATION.LANDSCAPE NOTES:01" = 20'-0"20'-0"10'-0"NLEGENDPROPOSED CANOPY & EVERGREEN TREE SYMBOLS - SEESCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESLAWN - SOD ALL DISTURBED AREAS NOT OTHERWISE NOTEDDECORATIVE BOULDERS, 18"-30" DIA.PROPOSED DECIDUOUS AND EVERGREEN SHRUBSYMBOLS - SEE SCHEDULE AND PLAN FOR SPECIES ANDPLANTING SIZESPROPOSED PERENNIAL PLANT SYMBOLS - SEESCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESALL PLANTING BEDS - SHREDDED CYPRESS MULCH, SAMPLESREQUIRED PROVIDE EDGING AS SHOWN ON PLANKnow what'sbelow.before you dig.CallRROCK MAINT. STRIP & ROCK MULCH AREAS - 1" DIA. DECORATIVE ROCKMAINTENANCE STRIP OVER FILTER FABRIC, SAMPLES REQUIRED.PROVIDE EDGING AS SHOWN ON PLANEXHIBIT F A51912A5191462 SFWOMENS30262 SFMENS303BE.11BE.11BE.1416' - 3"7' - 9"BE.1324' - 0"10' - 0"1092 SFOUT DOOR KITCHEN304BE.25BE.25BE.26BE.26BE.27BE.2720' - 0"10' - 0"20' - 0"10' - 0"20' - 0"BE.28BE.29BE.29BE.30BE.30261 SFMECH ROOM305150 SFSTORAGE308285 SFSTORAGE309A51919A51917BE.11BE.11BE.14BE.14BE.13BE.13BE.25BE.25BE.26BE.26BE.27BE.27BE.28BE.28BE.29BE.29BE.30BE.301ST FLOOR100' -0"OUTBUILDING ROOFBEARING110' -9 1/8"BE.14BE.13BE.281ST FLOOR100' -0"OUTBUILDING ROOFBEARING110' -9 1/8"BE.11BE.25BE.26BE.27BE.29BE.30OPEN TO BEYONDOPEN TO BEYOND1ST FLOOR100' -0"OUTBUILDING ROOFBEARING110' -9 1/8"BE.11BE.25BE.26BE.27BE.29BE.30OPEN TO BEYONDOPEN TO BEYOND1ST FLOOR100' -0"OUTBUILDING ROOFBEARING110' -9 1/8"BE.14BE.13BE.28I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaJeffrey W. SchulerDateLicense No.54004T. WASMOENNSHEET NUMBERSHEET TITLEOWNERPARTNERS/CONSULTANTSPROJECT NO.CHECKED BYDRAWN BY275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comPROJECTPLAN© COPYRIGHT FIRMGROUNDAE INC.C:\Users\jeffschuler\Documents\190930 CA17.086 Moments Lakeville Outbuilding2_central_v18_twasmoen@firmgroundae.com.rvt9/30/2019 11:22:07 AMA519OUTBUILDINGPLANS17.086J. SCHULERThe Moments ofLakeville 2Waite HoldingsP.O. Box 16101Minneapolis, MN 55416Elizabeth Wright16254 Kenyon Ave.Lakeville, MN 5504404/19/2019ADDENDUM 120191/8" = 1'-0"A5199OUTBUILDING PLAN1/8" = 1'-0"A5196OUTBUILDING ROOF BEARING1/8" = 1'-0"A51912OUTBUILDING EAST ELEVATION1/8" = 1'-0"A51914OUTBUILDING SOUTH ELEVATIONA5191OUTBUILDING FRONTA51916OUTBUILDING TOP1/8" = 1'-0"A51919OUTBUILDING NORTH ELEVATION1/8" = 1'-0"A51917OUTBUILDING WEST ELEVATION#ISSUE/REVISIONDATEEXHIBIT G EXHIBIT H 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA THE MOMENTS OF LAKEVILLE CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND RECOMMENDATION On December 6, 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 amendment to allow a modified site plan and construction of a detached accessory building and impervious surface area greater than 25% in the Shoreland Overlay District. The Planning Commission conducted a public hearing on the proposed planning actions 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 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: Lot 2, Block 1, Kenyon Retail 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a 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. Finding: The proposed detached accessory building and impervious surface area greater than 25% is consistent with uses allowed in commercial areas of the City and is consistent with the policies and provisions of Planning District No. 1 of the 2040 Comprehensive Plan. 2 b) The proposed use is or will be compatible with future land uses of the area. Finding: The proposed detached accessory building and modified site plan 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 detached accessory building and modified site plan 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 proposed detached accessory building 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 senior care facility use and the expanded site plan with detached accessory building can be accommodated by all streets serving the property. 5. The planning report dated November 26, 2019 prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit amendment conditioned upon compliance with the planning report prepared by Frank Dempsey, Associate Planner, dated November 26, 2019. Dated: December 6, 2019 LAKEVILLE PLANNING COMMISSION __________________________________ Pat Kaluza, Chair