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HomeMy WebLinkAboutItem 06.p Date: Item No. THE MOMENTS OF LAKEVILLE - DOCUMENT CORRECTIONS Proposed Action Staff recommends adoption of the following motion: Move to approve a Resolution approving amended and restated Site Improvement Performance Agreements, amended and restated Stormwater Maintenance Agreements, and Corrections to Conditional Use Permits for The Moments of Lakeville. Overview As a result of unanticipated delays in commencing of construction of the building expansion approved by the City Council in April 2019, including requests for additional zoning approvals and amendments to the property’s legal descriptions, the original signed Site Improvement Performance Agreements (SIPAs), Stormwater Maintenance Agreements (SMAs), and Conditional Use Permits are required to be amended and restated prior to recording of the documents with Dakota County. The stipulations of the Conditional Use Permits and the terms and securities noted in the SIPAs and SMAs remain unchanged. Primary Issue to Consider • None Supporting Information • Resolution • Amended and restated SIPAs, SMAs and Corrected Conditional Use Permits #19-11 and #19-14 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 February 18, 2020 Zoning Ordinance 208846v2 1 CITY OF LAKEVILLE, DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. _________ RESOLUTION APPROVING AN AMENDED AND RESTATED SITE IMPROVEMENT PERFORMANCE AGREEMENT, AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENTS AND CORRECTIONS TO CONDITIONAL USE PERMITS FOR THE MOMENTS OF LAKEVILLE WHEREAS, the City previously approved a Site Improvement Performance Agreement with TMSC of Lakeville, LLC (“Owner”), an Amended and Restated Stormwater Maintenance Agreement and Conditional Use Permits for The Moments of Lakeville development project located on Lots 1 and 2, Kenyon Retail Addition (“Property”): (i) Site Improvement Performance Agreement dated April 15, 2019; (ii) Amended and Restated Stormwater Maintenance Agreement/Best Management Practice Facilities and Easement Agreement, dated April 15, 2019; (iii) Conditional Use Permit No. 19-11; and (iv) Conditional Use Permit No. 19-14; (“Documents”); WHEREAS, prior to the recording of the Documents, the Owner recorded a minor lot line adjustment that revised the legal descriptions of the lots making up the Property and conveyed one of the lots to TMSC of Lakeville II, LLC; WHEREAS, the City and the Owner desire to amend the Agreements to reflect the revised legal descriptions for the individual lots making up the Property, address the changes in ownership and mortgage holders, provide separate Amended and Restated Stormwater Maintenance Agreements for the individual lots and to correct the Conditional Use Permit Nos. 19-11 and 19-14 to reflect the revised legal descriptions and owners as provided in the Amended and Restated Site Improvement Performance Agreement, Amended and Restated Stormwater Maintenance Agreements and corrected Conditional Use Permits 19-11 and 19-14 attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The City Council hereby approves the attached Amended and Restated Site Improvement Performance Agreements and the Amended and Restated Stormwater Maintenance Agreements for the two phases of The Moments of Lakeville; and 208846v2 2 2. The City Council hereby approves the corrections to Conditional Use Permit 19- 11 and Conditional Use Permit 19-14 as attached hereto. ADOPTED this 3rd day of February, 2020 by the City Council of the City of Lakeville. 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- 11 AMENDMENT TO CONDITIONAL USE PERMIT NO. 15-18 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 and TMSC of Lakeville II, LLC to allow: 1) the expansion of The Moments of Lakeville memory care facility in the C-3, General Commercial District, 2) a building height greater than 35 feet in the C-3 District and, 3) impervious surface area greater than 25% in the Shoreland Overlay District located at 16258 Kenyon Avenue. 2. Property. The conditional use permit is for the property located in the City of Lakeville, Dakota County, Minnesota and legally described in Exhibit A attached hereto and incorporated herein, consisting of 2 parcels designated as Parcel 1 and Parcel 2. 3. Conditions. This conditional use permit is issued subject to the following conditions: a) Implementation of the recommendations listed in the February 27, 2019 engineering report. b) An administrative lot combination/Zoning Lot Letter shall be required prior to recording the conditional use permit. c) The site shall be developed in compliance with the site plan and building plans approved by the City Council unless approved administratively in accordance with the Zoning Ordinance for a minor conditional use permit amendment. d) The maximum allowable building height is 41 feet as defined by the Zoning Ordinance. 2 e) The maximum allowable impervious surface area allowed on Parcel 1 is 70%. f) The sight visibility area west of the driveway access shall at all times be kept clear of visual obstructions, including landscaping taller than three feet and snow storage. g) The proposed fence on Lot 1 and the existing chain-link fence on Parcel 2 requires a variance and fence permit prior to installation of any and all fences. All fences shall meet Zoning Ordinance requirements. Screening slats shall not be installed in the chain-link fence. h) English Ivy shall be planted to grow on the chain-link fence along 162nd Street consistent with the approved privacy fence on Parcel 2. i) Landscaping shall be installed according to the landscape plan approved by the City Council. A financial security in the amount of $30,800 shall be submitted to guarantee installation of the landscaping. j) All signs shall comply with Zoning Ordinance requirements. The flagpoles noted north of the driveway entrance shall not include flags with advertising. A sign permit must be issued by the City prior to the installation of any signs. k) Site and building lighting shall be installed consistent with the lighting plan and photometric plan approved by the City Council and in compliance with the requirements of Section 11-16-17 of the Zoning Ordinance. Building and parking lot lighting shall be down-cast cut-off type fixtures only. Tilt-up light fixtures are not permitted. l) All trash and recycling containers shall be located inside the building or in an outdoor enclosure in compliance with Zoning Ordinance requirements. The site plan shall be amended to identify an optional outdoor trash enclosure. m) Snow storage shall not occur within required parking spaces and shall not infringe upon vehicle site circulation or sight visibility. n) The three striped parking spaces in the parking lot cul-de-sac on Parcel 2 shall be removed no later than May 30, 2019. Vehicle parking shall not occur in the parking lot cul-de-sac. o) Except for Stipulations 3 a, i, l, and n of CUP 15-18, all other stipulations shall remain in full force and effect. 3 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: April 15, 2019 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor Seal BY: ________________________ Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this ____ day of _________, 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 4 EXHIBIT A Property Legal Description Parcel 1: Lot 1, Block 1, KENYON RETAIL, according to the recorded plat thereof, Dakota County, Minnesota, together with that part of Lot 2, said Block 1, which lies westerly of the following described line: Beginning at a point on the westerly line of said Lot 2, distant 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 northerly line of said Lot 2, distance 59.9 feet easterly from said northwest corner of Lot 2, as measured along said northerly line, and said line there terminating. Parcel 2: 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 northerly 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 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 19-14 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 and TMSC of Lakeville II, 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 property located in the City of Lakeville, Dakota County, Minnesota and legally described in Exhibit A attached hereto and incorporated herein, consisting of 2 parcels designated as Parcel 1 and Parcel 2. 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The proposed fence on Parcel 1 and the existing chain-link fence on Parcel 2 requires issuance of a fence permit by the City prior to installing the new fence on Parcel 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 Parcel 2 shall be removed prior to the issuance of a permit for the new fence on Parcel 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 Parcels 1 and 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 ____ day of ____________, 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 4 EXHIBIT A Property Legal Description Parcel 1: Lot 1, Block 1, KENYON RETAIL, according to the recorded plat thereof, Dakota County, Minnesota, together with that part of Lot 2, said Block 1, which lies westerly of the following described line: Beginning at a point on the westerly line of said Lot 2, distant 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 northerly line of said Lot 2, distance 59.9 feet easterly from said northwest corner of Lot 2, as measured along said northerly line, and said line there terminating. Parcel 2: 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 northerly 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.