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HomeMy WebLinkAboutItem 06.g Date: Item No. KINGSLEY PLACE VARIANCE Proposed Action Staff recommends adoption of the following motion: Move to approve the Kingsley Shores variance and adopt the findings of fact. Overview Charthouse Senior Living, LLC is requesting approval of a variance to allow impervious surface area greater than 25% in the Kingsley Lake shoreland overlay district. The need for the variance was created when debris and contaminated soil was discovered shortly after construction commenced on the Kingsley Place project, which is a 55-unit, four-story senior independent living facility with a wellness center that was approved by the City Council in 2017. Charthouse Senior Living, LLC is also the owner of the Kingsley Shores Senior Living facility, which was approved in 2011 and includes a total of 101 independent, assisted living, and memory care units. Kingsley Place will be connected to Kingsley Shores by a second floor walkway and is located in the northwest corner of Kenwood Trail (CSAH 5) and Klamath Trail. As part of their response action plan approved by the MPCA, Charthouse Senior Living, LLC has submitted revised plans that include replacing the proposed pervious pavers with asphalt in order to prevent stormwater from coming into contact with the contaminated soil that will remain under the parking lot and the driveway areas. The debris and the contaminated soil under the building foundation have been removed from the site. The impervious surface area on the combined Kingsley Place and Kingsley Shores sites will increase from 24.2% to 26.7%. Primary Issue to Consider None Supporting Information • Variance form • Findings of fact • February 20, 2020 draft Planning Commission meeting minutes • February 13, 2020 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: Daryl Morey, Planning Director March 2, 2020 Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO. 20-______ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a variance for Charthouse Senior Living, LLC to allow more than 25% impervious surface coverage in the Kingsley Lake shoreland overlay district at 16890 Klamath Trail. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lots 1 and 2, Block 1, Kingsley Shores Senior Living 3. Conditions. The variance is issued subject to the site being developed consistent with the site plan included with the variance application. Dated: March 2, 2020 CITY OF LAKEVILLE BY:____________________________ Douglas P. Anderson, Mayor SEAL BY:____________________________ Charlene Friedges, City Clerk 2 The following instrument was acknowledged before me this 2nd day of March 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 KINGSLEY PLACE VARIANCE FINDINGS OF FACT AND DECISION 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. The City Council hereby adopts the following: 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. 2 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. 3 DECISION The City Council approves the variance in the form attached hereto. DATED: March 2, 2020 CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor BY: _________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES February 20, 2020 Vice Chair Einck called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Vice Chair Scott Einck, Karl Drotning, Jeff Witte, Jason Swenson, Brooks Lillehei, Jenna Majorowicz, Ex-officio Mike Lamm Members Absent: Chair Pat Kaluza Others Present: Daryl Morey, Planning Director and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The February 6, 2020 Planning Commission meeting minutes and work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the March 5th Planning Commission meeting will be cancelled provided the item on tonight’s agenda is not tabled. Mr. Morey reminded the Planning Commission of the work session immediately following tonight’s regular meeting. 5. Kingsley Place Vice Chair Einck opened the public hearing to consider the application of Charthouse Senior Living, LLC for a variance to allow more than 25% impervious surface coverage in the Kingsley Lake shoreland overlay district, located in the northwest quadrant of Kenwood Trail (CSAH 5) and Klamath Trail. Jack Collins, Executive Vice President of SilverCrest Properties presented a brief overview of the history of the subject property and the development team’s request. Mr. Collins appreciated City staff’s help as they have been putting this development together. He stated that Kingsley Shores is 95% occupied and Kingsley Place will be a nice compliment to this senior living facility. Mr. Collins indicated that Kingsley Place should be open by October 2020. Mr. Collins indicated that SilverCrest Properties is involved with the day to day management for both properties. SilverCrest Properties is a partner in Kingsley Shores and the developer of Kingsley Place. During the initial construction of Kingsley Place in early August, soil contamination was discovered. At the end of August, the MPCA approved an interim plan to go ahead with the excavation and to continue Planning Commission Meeting Minutes, February 20, 2020 Page 2 testing. They did test positive for soil contamination, but the groundwater was not contaminated. Mr. Collins stated that rather than using pervious pavers, the MPCA recommended using asphalt which is a more solid surface and keeps the contaminated soil from spreading to the groundwater. Mr. Collins explained that the stormwater flow rates were improved due to the redesigning of the site plan, but it also increased the impervious surface area on the combined sites from 24.2% to 26.7% and that’s why the variance is being requested. Planning Director Daryl Morey presented the planning report. Mr. Morey provided a brief history of the subject site. He stated that in 2019 the Kingsley Place and Kingsley Shores lots were combined into one lot. Mr. Morey stated that as part of the remediation associated with the response action plan to the Minnesota Pollution Control Agency (MPCA), the developer is proposing to use asphalt instead of pervious pavers for Kingsley Place. By doing this, the impervious surface area on the combined sites will increase to 26.7%. The maximum impervious surface area for residential uses in the shoreland overlay district is 25%. Mr. Morey indicated that a variance is required to exceed the 25%. The six criteria for consideration of a variance request within the shoreland overlay district along with staff’s response are reviewed in the March 29, 2020 planning report. Mr. Morey stated that the Department of Natural Resources (DNR) had no comments after being notified of the proposed variance. Planning Department and Engineering staff recommends approval of the Kingsley Place variance subject to the site being developed consistent with the site plan included with the variance application. Vice Chair Einck opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Swenson, seconded by Drotning to close the public hearing at 6:11 p.m. Voice vote was taken on the motion. Ayes - unanimous Vice Chair Einck asked for comments from the Planning Commission. Discussion points included: • Commissioner Swenson commented that he understood Mr. Collins’ reasoning for requesting the variance and commended him for his detailed explanation. He believes this circumstance is a valid reason for a variance. • The other Planning Commissioners concurred with Commissioner Swenson and appreciated Mr. Collins’ openness about the situation. They agreed that this was a good solution and appreciated Mr. Collins’ remediation efforts. Planning Commission Meeting Minutes, February 20, 2020 Page 3 Motion was made by Drotning, seconded by Swenson to recommend to City Council approval of the Kingsley Place variance to allow more than 25% impervious surface coverage in the Kingsley Lake shoreland overlay district, located in the northwest quadrant of Kenwood Trail (CSAH 5) and Klamath Trail, subject to the site being developed consistent with the site plan included with the variance application. Ayes: Swenson, Majorowicz, Lillehei, Einck, Witte, Drotning Nays: 0 There being no further business, the meeting was adjourned at 6:15 p.m. The Planning Commission immediately went into their scheduled work session. Respectfully submitted, Penny Brevig, Recording Secretary City 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. 2 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. 3 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