HomeMy WebLinkAboutItem 05City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: February 13, 2020
Subject: Packet Material for the February 20, 2020 Planning Commission Meeting
Agenda
Item: Kingsley Place Variance
Application Action Deadline: March 29, 2020
Background
On February 6, 2017 the City Council approved a conditional use permit to allow the
construction of a 55-unit, four-story senior independent living apartment building with a
wellness center, underground parking, and a skyway connection to the existing Kingsley
Shores Senior Living facility (101 independent living, assisted living, and memory care units).
Charthouse Senior Living, LLC, the owner of Kingsley Shores, purchased the Kingsley Place
project in 2019 and made some minor building and site plan modifications. In addition, they
combined the Kingsley Place and Kingsley Shores lots into one lot under one ownership.
Construction on Kingsley Place started on August 1, 2019 and shortly thereafter debris and
soil contamination was discovered on the site. Excavation on site stopped while the
developer worked with the Minnesota Pollution Control Agency (MPCA) to prepare a
response action plan. As part of the remediation associated with the response action plan,
the developer is proposing to eliminate the use of porous pavers on the Kingsley Place site
and utilize asphalt paving instead in order to prevent stormwater from coming into contact
with the contaminated soil that will remain under the parking lot and driveway areas.
With the use of porous pavers on both the Kingsley Place and Kingsley Shores sites, the
overall impervious surface area was 24.2%. Replacing the porous pavers at Kingsley Place
with asphalt paving will increase the impervious surface area on the combined sites to 26.7%.
The maximum impervious surface area for residential uses in the shoreland overlay district is
25%. As such, approval of a variance is required to exceed that allowance.
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Exhibits
A. Location map
B. January 24, 2020 applicant letter
C. Impervious surface area site plan
D. Kingsley Place revised site plan
Planning Analysis
The Kingsley Place and Kingsley Shores senior living facilities are located in the northwest
quadrant of Kenwood Trail (CSAH 5) and Klamath Trail on the south side of Kingsley Lake.
Adjacent uses include attached townhomes across Klamath Trail to the south, single family
homes across Kenwood Trail to the east, and the Charthouse restaurant to the west.
Section 11-102-23 of the Zoning Ordinance lists six criteria for consideration of a variance
request within the shoreland overlay district. The six criteria and staff’s response are as
follows:
A. Result in the placement of an artificial obstruction which will restrict the passage of
storm and flood water in such a manner as to increase the height of flooding, except
obstructions approved by the watershed districts in conjunction with sound
floodplain management.
Stormwater runoff and discharge rates will be improved with the site plan/drainage
revisions proposed by the developer as part of their response action plan. These figures are
provided on Exhibits B and C.
B. Result in incompatible land uses or which would be detrimental to the protection of
surface and ground water supplies.
The use of asphalt paving instead of pervious pavers will prevent the spread of soil
contamination under the parking lot and driveway areas. The MPCA has approved the
developer’s response action plan, which allows lower level contaminated soils to remain
under paved surfaces.
C. Be not in keeping with land use plans and planning objectives for the city or which will
increase or cause damage to life or property.
The Kingsley Place senior living facility is consistent with the City’s 2040 Comprehensive
Plan. Implementation of the response action plan, which includes replacing the porous
pavers with asphalt paving, will reduce potential environmental impacts to Kingsley Lake.
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D. Be inconsistent with the objectives of encouraging land uses compatible with the
preservation of the natural landforms, vegetation and the marshes and wetlands
within the city.
The Kingsley Place senior living facility is compatible with Kingsley Lake, which is classified
as a natural environment lake in the shoreland overlay district section of the Zoning
Ordinance. Implementation of the response action plan will reduce potential impacts to
Kingsley Lake.
E. No permit or variance shall be issued unless the applicant has submitted a shoreland
impact plan as required and set forth in this chapter. In granting any variance, the
council may attach such conditions as they deem necessary to ensure compliance with
the purpose and intent of this chapter.
A shoreland impact plan was approved with the Kingsley Place conditional use permit. The
response action plan results in site and stormwater management modifications that will
improve the environmental quality of the overall site development.
F. The criteria established by section 11-6-5 (variances) of this title are met.
Findings of fact are attached for your reference.
Department of Natural Resources (DNR). The DNR was notified of the proposed variance.
The DNR has responded with no comment on the proposed variance.
Recommendation
Planning and Engineering staff recommend approval of the Kingsley Place impervious surface
area variance subject to the site being developed consistent with the site plan included with
the variance application.
±KENWOODTRL(CSAH5)170TH ST
168TH ST
KENMORE CT
KLAMATH TRL
City of LakevilleKingsley PlaceVarianceEXHIBIT AKERRICKCTKINGSCT
Kingsley Place
EXHIBIT B
FOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCKLAMATH TRAILCSAH NO. 5 (KENWOOD TRAIL) SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSWATERWATER
WATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERΔUGEUGEUGEUGTUGTREF.REF.VAN747DWB-40 - Intermediate Semi-TrailerINITIAL DATE DPOR PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.C2.0REV-37/11/19SITE OVERALL(651)452-1149(651)452-8960Mendota Heights, MN 551202025 Centre Pointe Blvd., Suite 210TJATJABMBM7/11/193091416880 KLAMATH TRAILMNLAKEVILLEKINGSLEY PLACE SENIOR LIVINGPROPOSED LEGENDBOUNDARY LINECONCRETE CURB AND GUTTER.SCALE IN FEET100'75'050'EXISTING LEGENDUGEFOCGASUGTSSUNDERGROUND ELECTRICUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINCURB [TYPICAL]CONCRETE SURFACEPAVER SURFACERIP RAP SURFACEFOUND MONUMENT MARKED RLS44900(UNLESS OTHERWISE NOTED)SET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC METERELECTRIC TRANSFORMERLIGHT POLEGAS METERSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTWATER VALVETRAFFIC SIGNROOF DRAINDECIDUOUS TREEororWATERBENCHMARK:MNDOT GSID STATION #7128 LOCATED IN NW CORNER OFSOUTHBOUND INTERSTATE HIGHWAY 35 BRIDGE 19807, 2.5MILES SOUTH OF JUNCTION OF I-35W AND I-35E.ELEVATION = 1029.62 (NAVD88) PROJECT BENCHMARKSHOWN GRAPHICALLY ON SURVEY.Know what'sbelow.Callbefore you dig.EXHIBIT C
GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASKLAMATH TRAILCSAH NO. 5 (KENWOOD TRAIL) GAS GAS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSWATERWATERWATERWATERWATER
WATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERWATERΔGASGASGASGASGASGASGASGASGASGASGASUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGTUGTUGTUGTUGTUGTUGTUGTVAN747D10.39'TYP21'TYP18'21'60.00°TYPR1'R8'R10'R3'24'18'8'8'24'R50'9'TYP 96 SF 168 SFTYP9'TYP9'TYP
TYPTYP7.79'32.75'36.8'90.00°214.85'906'4.5'21'13' 251 SFTYP70F01A10A12D12D21A12F09S09N01A01A01A01A10A70F12B12B21A03M03M70A03D12D9V70B70B70B70BINITIAL DATE DPOR PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.C2.1REV-37/11/19SITE PLAN(651)452-1149(651)452-8960Mendota Heights, MN 551202025 Centre Pointe Blvd., Suite 210TJATJABMBM7/11/193091416880 KLAMATH TRAILMNLAKEVILLEKINGSLEY PLACE SENIOR LIVINGPROPOSEDBOUNDARY LINERIGHT OF WAY LINECONCRETE CURB AND GUTTER.SEE DETAIL 1ACURB INLETBUILDING CONTROL POINTPROPOSED PARKING SPACESGENERAL SITE NOTESA.ALL DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED.B.UNLESS OTHERWISE SHOWN, CALLED OUT OR SPECIFIED HEREON OR WITHIN THE SPECIFICATIONS:ALL CURB AND GUTTER ADJACENT TO ASPHALT PAVING SHALL BE INSTALLED PER DETAIL 1A. PAVEMENTSHALL BE INSTALLED IN PER PLANS OVER THE ENTIRE PARKING LOT AREA AND ALL APPROACH DRIVES.ALL PARKING LOT STRIPING INCLUDING ACCESSIBLE AND VAN ACCESSIBLE SPACES SHALL BE STRIPED ASSHOWN OR PER LOCAL CODE.C.ALL PARKING LOT SIGN BASE SUPPORTS SHALL BE INSTALLED PER DETAIL 12F.D.ALL ACCESSIBLE PARKING STALLS SHALL HAVE SIGNAGE INSTALLED PER DETAIL 9S.#SITE NOTESSITE DETAILSLIMITS OF PERVIOUS PAVERS (MATCH TYPE AND COLOR FROM PHASE 1)LIMITS OF SIDEWALKS (PER ARCH, PLANS)HEAVY DUTY CONCRETE PAVINGSITE NOTESSITE DETAILS04B EXIT PORCH (PER ARCH. PLANS)12B 4 INCH TRAFFIC WHITE ALIGNMENT STRIPES (TYPICAL)12D 4 INCH WIDE PAINTED WHITE STRIPES. 2.0 FOOT O.C. @ 45 DEGREES (SEE SIZE INDICATED AT SYMBOL)21A TAPER CURB TO MATCH EXISTING CURB70A PERVIOUS CONCRETE / PAVER SIDEWALK (MATCH PHASE 1)70B CONCRETE HEADER LOCATION (PER DETAIL 70F)01A B6-12 CONCRETE CURB AND GUTTER03D CONCRETE SIDEWALK03M WHEELCHAIR RAMP IN SIDEWALK08C HEAVY DUTY CONCRETE PAVING09N 90 DEGREE PARKING, ACCESSIBLE PARKING AND VAN ACCESSIBLE PARKING SPACE STRIPING09S ACCESSIBLE / VAN ACCESSIBLE PARKING SIGN10A TRAFFIC FLOW ARROW (TYP.)12F SIGN BASE70F PERVIOUS PAVER DETAIL020' 30' 40'SCALE IN FEETEXISTING LEGENDUGEFOCGASUGTSSUNDERGROUND ELECTRICUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINCURB [TYPICAL]CONCRETE SURFACEPAVER SURFACERIP RAP SURFACEFOUND MONUMENT MARKED RLS44900(UNLESS OTHERWISE NOTED)SET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC METERELECTRIC TRANSFORMERLIGHT POLEGAS METERSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTWATER VALVETRAFFIC SIGNROOF DRAINDECIDUOUS TREEororWATERKnow what'sbelow.Callbefore you dig.BENCHMARK:MNDOT GSID STATION #7128 LOCATED IN NW CORNER OFSOUTHBOUND INTERSTATE HIGHWAY 35 BRIDGE 19807, 2.5MILES SOUTH OF JUNCTION OF I-35W AND I-35E.ELEVATION = 1029.62 (NAVD88) PROJECT BENCHMARKSHOWN GRAPHICALLY ON SURVEY.SEE ARCHITECT PLANSFOR DETAILS ONUNDERGROUNDGARAGE LEVEL AND ITSCONNECTION TO THEEXISTING BUILDINGGENERAL SITE INFORMATIONZONED C3 - GENERAL COMMERCIAL DISTRICTAREA: "LOT AREAS WILL CHANGE WHEN COMBINED"LOT 1 - 1.96 ACRESLOT 2 - 2.49 ACRESOUTLOT A - 6.21 ACRESTOTAL 10.66 ACRESGENERAL SITE INFORMATIONLOT 1LOT 2OUTLOT ATOTALIMPERVIOUS AREAW/ CREDIT0.60 ACRES 1.04 ACRES 0.00 ACRES1.64 (24.7%)PERVIOUS AREA 1.35 ACRES 1.45 ACRES2.20 ACRES5.00 (75.3%)TOTAL AREA1.96 ACRES2.49 ACRES 2.20 ACRES 6.64 (100.0%)LOT 1 SITE INFORMATIONLOT 1 AREA85,296IMPERVIOUS AREA18,788PERVIOUS PAVER AREA14,882PAVER CREDIT (50%)7,441IMPERVIOUS W/ CREDIT26,229% IMPERVIOUS OF TOTAL AREA30.75%OUTLOT A SITE INFORMATIONOUTLOT A AREA270,552LAKE AREA174,534PERVIOUS AREA96,0187/12/2019EXHIBIT D
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KINGSLEY PLACE VARIANCE
On February 20, 2020 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Charthouse Senior Living, LLC for a variance to allow
more than 25% impervious surface coverage in the Shoreland Overlay District of Kingsley
Lake located at 16890 Klamath Trail. The Planning Commission conducted a public hearing
on the proposed variance preceded by published and mailed notice. The applicant was
present, and the Planning Commission heard testimony from all interested persons wishing
to speak.
FINDINGS OF FACT
1. The property is located in Planning District No. 1 of the Comprehensive Plan which
guides the property for high density residential land uses.
2. The property is zoned PUD, Planned Unit Development District and Shoreland Overlay
District.
3. The legal description of the property is:
Lots1 and 2, Block 1, Kingsley Shores Senior Living
4. Section 11-6-5 of the Zoning Ordinance requires that certain criteria be met in
consideration of a variance request. The criteria and our findings regarding them are:
a) That the variance would be consistent with the comprehensive plan.
The use of the property as a senior living facility is consistent with the 2040
Comprehensive Plan. The increase in impervious surface area is necessitated in
response to soil contamination discovered during the Kingsley Place site development.
Improvements to stormwater runoff and discharge rates as part of the developer’s
approved response action plan with the MPCA will offset the proposed increase in
impervious surface area.
b) That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
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The increase in impervious surface area and the improvements to stormwater runoff
and discharge rates as part of the developer’s approved response action plan with the
MPCA will reduce impacts to Kingsley Lake and will meet the intent of shoreland
overlay district regulations.
c) That the plight of the landowner is due to circumstances unique to the property
not created by the landowner.
The debris and soil contamination buried on site was discovered by the property owner
during development of the Kingsley Place project and was not caused by the property
owner.
d) That the purpose of the variance is not exclusively for economic considerations.
The impervious surface area variance is required as part of the developer’s response
action plan approved by the MPCA, which proposes to replace porous pavers with
asphalt paving.
e) That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
Replacing the porous pavers with asphalt paving will not alter the character of the
Kingsley Shores senior living facility or the surrounding residential and commercial
land uses.
f) That the requested variance is the minimum action required to eliminate the
practical difficulty.
Replacing the porous pavers with asphalt paving is part of the approved response
action plan and the minimum amount of impervious surface area needed to address
the soil contamination issue and provide for functional site development.
g) Variances may not be approved for any use that is not allowed under this section
for property in the zone where the affected person’s land is located.
The Kingsley Place senior living facility is consistent with the 2040 Land Use Plan, the
Kingsley Shores Senior Living planned unit development, and the Kingsley Place
conditional use permit.
5. The planning report dated February 13, 2020 and prepared by Daryl Morey, Planning
Director is incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the variance
conditioned upon compliance with the planning report prepared by Daryl Morey, Planning
Director, dated February 13, 2020.
DATED: February 20, 2020
LAKEVILLE PLANNING COMMISSION
BY: _________________________
Pat Kaluza, Chair