HomeMy WebLinkAboutItem 05 (Kwan. KMJ) 1
City of Lakeville
Planning Department
M emorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: June 11, 2021
Subject: Packet Material for the June 17, 2021 Planning Commission Meeting
Agenda Item: JMK Investment Properties, LLC Conditional Use Permit
Action Deadline: August 1, 2021
INTRODUCTION
Kristina Kwan, representing JMK Investment Properties, LLC has submitted a conditional use
permit application and plans to establish an adult day care and event center in what is now the
Rosehenge Hall event center located at 20732 Holt Avenue. The present owner of Rosehenge
Hall event center received conditional use permit approval in 2012 to operate the event center
and a conditional use permit amendment for extended operating hours in 2016.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo and Parcel Lines
C. Applicant Narrative
D. Building Floor Plan
E. 2016 Street View Looking East
F. 2019 Street View Looking East
G. 2021 View Looking East
H. 2021 Photo South Property Line Landscaping
I. Conditional Use Permits Nos. 12—14 and 16-01
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STAFF ANALYSIS
Zoning. The subject property is zoned RM-1, Medium Density Residential District. The
building was constructed in the 1980’s and was occupied as the Lakeville Senior Center before
being sold to George Maverick, the current owner, as a private recreation/event center in 2012.
Section 11-58-9.D and Section 11-58-9.A of the Zoning Ordinance respectively allow commercial
recreation buildings and day care facilities in the RM-1 District subject to approval of a
conditional use permit. The conditional use permit process examines the proposed uses of the
property to determine any potential impacts to the adjacent properties and the planning report
recommends stipulations accordingly.
Adult Day Care. Day care facilities are allowed in all zoning districts subject to approval of a
conditional use permit. The applicant proposes to operate an adult day care between the hours
of 8:00 am and 2:00 pm, Monday through Saturday. The building is proposed to be licensed for
occupancy up to 79 individuals, but is anticipated to be between 25-30 participants, consistent
with the current site the applicant operates in Richfield. The adult day care will include meal
preparation for on-site consumption and home delivery. The adult day care will require
licensure by the Minnesota Department of Human Services.
Event Center. The applicant proposes to use the building for open house/cultural celebrations
periodically throughout the year, normally on Saturdays. The event center would also be
available as a private community center on weeknights until 10:00 pm daily with Friday-Sunday
hours between 8:00am to Midnight for meetings, parties, cultural celebrations, weddings,
dance/exercise classes, and the like. Consistent with the Sunday hours limitation until 10:00 pm
by Conditional Use Permits 12-14 and 16-01, staff recommends Sunday hours for the proposed
conditional use permit also restrict Sunday hours to a 10:00 pm closing time.
If the new ownership had proposed to use the property as an event center only consistent with
the terms of the existing conditional use permits and not include the introduction of an adult day
care use, a conditional use permit would not be required.
The applicant’s narrative suggests they will apply for a beer and wine license, however, City Code
restricts issuance of alcohol licenses to restaurants only. Presently, beer and wine served from
the facility is allowed only through a caterer licensed, in accordance with City Code .
Parking. On-site parking includes 34 sparces. The parking layout and number of parking spaces
will not be changed with the new ownership. The owner may have two or three vans parked on
site to be used for shuttling adult day care clients. The available parking on site has not changed
since the property was owned by the City of Lakeville and used as a senior center.
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Conditional Use Permit 12-14. The original conditional use permit for Rosehenge Hall in 2012
allowed hours of operation between 7:00 am and 10:00 pm, Sunday through Thursday and 7:00
am to 11:00 pm, Friday and Saturday. All activities are required to take place inside the building
and no exterior assembly, music or noise is allowed at any time outside due to proximity of
nearby single family homes.
Conditional Use Permit 16-01. The conditional use permit amendment allows extended hours
to midnight on Friday and Saturday, the Sunday before Memorial Day, July 3rd, the Sunday
before Labor Day, Thanksgiving, December 24th, and December 31st. Alcohol service is required
to end at 10:30 pm on the days listed. These restrictions are recommended to forward to the
proposed conditional use permit.
Trash Enclosure. The current property owner was required to construct a trash enclosure to
Zoning Ordinance specifications as identified in the staff reports for the previous conditional use
permits. The trash enclosure was not constructed. Mr. Maverick has in dica ted he will construct
the trash enclosure. Construction of the trash enclosure will be a recommended stipulation of
the conditional use permit. Site plan approval is required prior to installation of the trash
enclosure. The applicant is committed to constructing the enclosure but would like additional
time to prepare for construction following approval of the conditional use permit. Staff
recommends a construction completion date of no later than October 1, 2021 as well as the
submittal of a cash escrow to ensure the trash enclosure is constructed this time.
Landscaping. Mr. Maverick has indicated he plans to install landscape screening, a fence, or a
combination of the two, along the east boundary of the property in order to comply with the
conditional use permits approved in 2012 and 2016. Narrow, tall growing shrubs (arborvitae or
similar) were planted along the south boundary in cooperation with the adjacent property owner
in or after 2016. The shrubs have survived and are growing as an effective visual screen of the
parking lot. The fence and/or landscaping was not installed as required along the east boundary
adjacent to the single family homes. Installation of screening along the east boundary will be a
recommended stipulation of the conditional use permit. The applicant is committed to installing
the landscaping but would like additional time to prepare for installation following approval of
the conditional use permit. Staff recommends a construction completion date of no later than
October 1, 2021 as well as the submittal of a cash escrow to ensure the landscaping/screening is
installed this time .
Accessory Building. The applicant has expressed interest in constructing an accessory storage
building on the property. Accessory buildings require compliance with setback requirements
and size limitations and may not be constructed over required parking spaces.
Combination of Properties/Zoning Lot Letter. Four separate platted parcels from two separate
plats comprise the subject property. The four lots are from two separate plats. The building sits
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on two parcels of the 1876 Berres Addition and two parcels that the parking lot is located on are
platted as Town of Fairfield 1869. Dakota County will allow lots to be combined provided they
are from the same plat. This means that the two north lots (Berres Addition) will be combine d
and the two south lots (Town of Fairfield) will be combined. This will result in two separate
parcels between the building and the parking area instead of four. Staff will draft a Zoning Lot
Letter to combine all four parcels for the purposes of zoning to prevent future separation or the
parcels. The Zoning Lot Letter will be recorded with Dakota County together with the
conditional use permit .
RECOMMENDATION
Planning Department staff recommends approval of the JMK Investment Properties, LLC
conditional use permit for an adult day care and event center in the RM-1 District at 20735 Holt
Avenue subject to the following stipulations:
1. Landscap ing and/or a privacy fence shall be installed along the east boundary of the
property. Landscape materials and/or fence construction shall comply with Zoning
Ordinance requirements. Landscaping and/or privacy fence screening shall be installed no
later than October 1, 2021.
2. All outside trash and recycling containers shall be stored within an enclosure constructed in
compliance with Zoning Ordinance requirements and shall require approval of a site plan
prior to construction. The trash enclosure shall be constructed no later than October 1, 2021.
3. A $15,000 escrow shall be submitted to guarantee installation of the required screening and
trash enclosure construction.
4. Event center hours shall be limited to 7:00 am to 10:00 pm from Sunday through Thursday
and 7:00 am to midnight on Friday and Saturday as well as on the Sunday before
Memorial Day, July 3rd, the Sunday before Labor Day, Thanksgiving Day, December 24th,
and December 31st. Alcohol service shall stop at 10:30 pm on these days listed.
5. A building permit is required prior to commencing any construction or remodeling work.
6. A sign permit must be issued by the City prior to the installation of any signs.
7. All permits and requirements of the Minnesota Department of Human Services shall be met
prior to occupancy of the adult daycare facility .
8. The four existing separate plated parcels shall be combined into two separate parcels, or as
authorized by Dakota County.
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9. A Zoning Lot Letter shall be issued by the Zoning Administrator to combine all four parcels
into a single parcel for zoning purposes.
Findings of Fact are attached for your review and consideration.
EXHIBIT A
5/26/2021 Dakota County GIS
gis.co.dakota.mn.us/dcgis/1/2
Conditional Use Permit 20732 Holt Avenue
EXHIBIT B
My name is Kristina Kwan, I am the owner operator of Phoenix Cove Adult Day Center.
I will be purchasing the Rosehenge Hall property located at 20732 Holt Ave under my
investment company, JMK Investment Properties LLC.
I am proposing to use the property for my adult day care business during the hours of
8am-2pm. I will be adding a commercial kitchen to the facility so we can cook meals for
our program, Iam also licensed to do home delivered meals and will be cooking and
packing meals for my clients. My business is currently licensed to serve 79 clients at our
center and will be applying for the same licensed number at our new facility in Lakeville.
Although we are licensed for 79, our daily average have been around 25-35
participants, plus 8-10 staff & volunteers. Occasionally we also have student interns
from various colleges join us for their community engagement activities/ interships. Our
licensed adult day care hours are 8am-2pm, Monday- Saturday but we are only open
Monday-Friday 8am-2pm. We license our center for Mon-Sat because we do quarterly
open house/cultural celebration on Saturdays, where we invite participant’s family,
friends and the community to celebrate with us or just come to learn about our program.
Our adult day care participants spend the day at our center to socialize with others, play
games, exercise, eat culturally specific & nutritious meals, get social services help and
learn about health related topics to help them continue to live independently. Some
participants come to the adult day center so that their caregivers can go to work and
know that their loved ones are being cared for by competent, caring staff. In addition to
multi-lingual staff, we have a nurse, a physical therapist and a nutritionist on staff to
coordinate nutritious meals, exercises and services to help improve our participant’s
health. We are license to serve participates 18years+ , but the majority of our clients are
65 years old or older. We have a fleet of 7 vehicles, including a handicap accessible
van. Our vehicles and drivers are STS certified through MNDOT. Our staff and drivers
are all CPR certified. We provide transportation to and from our facility daily for our
participants.
My business, Phoenix Cove Adult Day Center is currently located in Richfield, MN. WE
have been in business since 2015. I will be moving my business to Lakeville once all of
our licenses and condition use permits are approved. Our current licensed capacity is
79 (elders, staff, &volunteers) per day. We have submitted a request to license our new
facility in Lakeville for the same capacity.
Because Phoenix Cove adult day care only operates from 8am-2pm daily, I would like to
rent out the facility on weeknights Mon-Thurs 3pm-10pm and weekends Friday-Sunday
8am-Midnight for meetings, birthday parties, cultural celebrations, weddings, dance /
exercise classes etc to maximize usage of this facility. We plan to apply for beer and
wine license for our events.
EXHIBIT C
If you have any further questions about my proposed usage, please feel free to call me
or check out my Facebook page at
https://www.facebook.com/PhoenixCoveAdultDayCenter
Thank you!
Kristina Kwan
EXHIBIT D
EXHIB
IT
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
t
Receipt# 28723 1 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
ABSTRACT FEE $46.00 2921747
Recorded on: 1/14/2013 10:08:08AM
By: STG, Deputy
Return to:
DCA TITLE
1250 W HWY 55 Joel T. Beckman Countv RecorderHASTINGS, MN 55033 Dakota County, MN
Reserved for Dakota County Recording Information)
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 12 - 14
1. Permit Subject to the terms and conditions set forth herein, the City of Lakeville approves a
Conditional Use Permit for Rose Mountain Spiritual Community Center to allow a private
community center to be located within the RM -1, Medium Density Residential District.
2. Pro e . The permit is for the following described property located at 20732 Holt Avenue in the
City of Lakeville, Dakota County, Minnesota:
Lots 1 and 2, except the North 7.5 feet of Lot 2, Block 8 Berres Addition to Lakeville;
and;
Lot 5, Block 14 Lakeville Village (Town of Fairfield) and the east 20 feet of vacated Walnut
Holt) Street adjacent thereto, which accrued by reason of the vacation thereof, according to
the plat on file in the Dakota County Recorder's office.
and;
Lot 12, Block 14 Lakeville Village (Town of Fairfield), except the east 39 feet; together with the
east 20 feet of vacated Walnut (Holt) Street adjacent thereto, which accrued by reason of the
vacation thereof, according to the plat on file in the Dakota County Recorder's office.
3. Conditions The permit is issued subject to the following conditions:
a) The site and building must be used according to the plans approved by the City Council.
b) A building permit is required prior to commencing any construction or remodeling work.
DCA TTT -E
File I1- /DUD :a 12 -.v
Abstract be Torrens
No.of -)-
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c) A sign permit shall be obtained prior to the installation of any permanent or temporary
signage.
d) A landscape plan must be submitted and approved by the City prior to the installation of
any materials.
e) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Sunday through
Thursday and 7:00 a.m. to 11:00 p.m. on Friday and Saturday. All activities must take
place within the building. No exterior assembly, music or noise is allowed at any time
due to the proximity to single family residential homes.
4. Termination of Permit The City may revoke the permit following a public hearing for
violation of the terms of the permit.
5. Criminal Penalty Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Date: N oyo-P -6.r afl , X / a
CITY OF LAKEVILLE
Mark Bellows, Mayor
BY:
Charlene Friedges, City I lerk
BY: #tW- -
The following instrument was acknowledged before me this 19 day of November, 2012,
by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
i
Notary Pub '
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Receipt:# 418316
COND $46.00
Return to:
CITY OF LAKEVILLE
20195 HOLYOKE AVE
LAKEVILLE MN 55044
Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
3111744
11111111111111111111111111111111111111111111
Recorded on: 1/28/2016 2:28 PM
By DDW, Deputy
Office of the County Recorder
Dakota County, Minnesota
Joel T Beckman, County Recorder
AMENDMENT TO CONDITIONAL USE PERMIT AMENDMENT NO. 12-14
CONDITIONAL USE PERMIT NO. J6- 0
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves an amendment to Conditional Use Permit No. 12-14 for George Maverick of
Rose Mountain, LLC to allow extended hours at Rosehenge Hall, a private community
center at 20732 Holt Avenue.
2. Propert. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
See Exhibit A (attached)
3. Conditions. The permit is issued subject to the following conditions:
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j a) All requirements of Conditional Use Permit No. 12-14 shall remain in full force and
effect following the approval of this conditional use permit amendment, except as
C O modified herein.
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O O b) The hours of operation shall be limited to 10:00 pm from Sunday through Thursday
and to midnight on Friday and Saturday as well as on the Sunday before Memorial
j Day, July 3rd, the Sunday before Labor Day, Thanksgiving, December 24th, and
December 31 51. Alcohol service shall stop at 10:30 pm on these days listed.
c) A fence or landscaping shall be installed on the south and east sides of the parking
lot to screen the site from adjacent residential properties.
4. Revocation of Permit. The City may revoke the permit for cause upon determination
that the conditional use is not in conformance with the conditions of this permit or is in
continued violation of the Zoning Ordinance, City Code, or other applicable regulations.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
JMK INVESTMENT PROPERTIES, LLC CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On June 17, 2022 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of JMK Investment Properties, LLC for a conditional use
permit to allow an adult day care and private recreational (event center) use in the RM-1, Medium
Density Residential District located at 20732 Holt Avenue. The Planning Commission conducted a
public hearing on the proposed conditional use permit preceded by published and mailed notice.
The applicant was present and the Planning Commission heard testimony from all interested
persons wishing to speak.
FINDINGS OF FACT
1. The property is located in Planning District No. 4 of the 2040 Comprehensive Land Use Plan,
which guides the property for medium density residential use.
2. The property is zoned RM-1, Medium Density Residential District.
3. The legal description of the property is:
Lots 1 and 2, except the North 7.5 feet of Lot 2, Block 8, Berres Addition to Lakeville; and,
Lot 5, Block 14, Lakeville Village (town of Fairfield) and the east 20 feet of vacated
Walnut (Holt Avenue) Street adjacent thereto, which accrued by reason of the vacation
thereof, according to the plat on file in the Dakota County Recorder’s office; and,
The West 131.0 feet of Lot 12, Block 14, Lakeville Village (Town of Fairfield) and the east
20 feet of vacated Walnut (Holt Avenue) Street adjacent thereto, which accrued by reason
of the vacation thereof, according to the plat on file in the Dakota County Recorder’s
office.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use
permit may not be issued unless certain criteria are satisfied. The criteria and our findings
regarding them are:
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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 adult day care and event center use of the property is consistent with the 2040
Comprehensive Land Use Plan and District 4 recommendations of the Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The adult day care and event center use will be compatible with existing and future
land uses in the area similar to previous uses of the property given compliance with the
stipulations listed in the June 11, 2021 planning report.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: Provided compliance with stipulations of the conditional use permit, the adult day care
and event center use will conform to all performance standards contained in the Zoning
Ordinance.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The subject property is within the existing MUSA. The property and existing
building is served with city sanitary sewer and water. The adult day care and event center
use will have no negative impact on the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: The adult day care and event center use will not overburden the streets serving the
property.
5. The planning report dated June 11, 2021 prepared by Associate Planner Frank Dempsey is
incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the conditional use
permit conditioned upon complianc e with the planning report prepared by Associate Planner
Frank Dempsey dated June 11, 2021.
DATED: June 17, 2021
LAKEVILLE PLANNING COMMISSION
BY: ______________________________
Jeff Witte, Vice Chair