HomeMy WebLinkAboutItem 05b - CUP Amend & vacation EB Lakeville1
City of Lakeville
Community Development
Memorandum
To: Planning Commission
From: Kris Jenson, Planning Manager
Date:May 28, 2026
Subject: Packet Material for the June 4, 2026 Planning Commission
Meeting
Agenda
Item: 1. Amendment of Conditional Use Permit #24-09 for the
construction of more than one principal residential building on
one lot of record; and
2. Vacation of public right of way for 207th Street
Action Deadline:July 15, 2026
BACKGROUND
EB Lakeville Development LLC has submitted applications and plans to amend
Conditional Use Permit #24-09 for the construction of more than one principal
residential building on one lot of record and for the vacation of public right of
way for 207th Street. A preliminary plat and conditional use permits for the
Crown Lakeville Apartments project was approved by the City Council on
October 21, 2024. EB Lakeville Development has taken over the project and
made some changes which require the amendment of the CUP approved for
multiple principal buildings on one lot. The right of way proposed for vacation
was previously under Dakota County’s jurisdiction and has been conveyed to
Lakeville, requiring the vacation. The property is located north of 210th Street
(CSAH 70) and west of Keokuk Avenue. The property currently includes a
single-family home and is heavily wooded. The revised site plans have been
submitted to the Engineering Division and Parks and Recreation Department
for review.
At the time of preliminary plat approval, conditional use permits were also
approved for an exception to the exterior materials requirements and the
building height. The apartment building proposed for the site meets the
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requirements approved with those conditional use permits and therefore
those items are not addressed within this report.
EXHIBITS
A. Location Map
B. Zoning Map
C. Land Title Survey
D. Site Plan
E. Grading Plan
F. Landscape Plan
G. Apartment Enclosed Garage Plan (2 pages)
H. Apartment Floor Plans (2 pages – 1st & 2nd floor)
I. Studio & One-Bedroom floor plans
J. Right of Way Vacation
PLANNING ANALYSIS
CONDITIONAL USE PERMIT: CONSTRUCTION OF MORE THAN ONE PRINCIPAL
RESIDENTIAL BUILDING ON ONE LOT OF RECORD.
Section 11-62-7 of the Zoning Ordinance allows multi-family buildings on a
single parcel subject to approval of a conditional use permit, provided that the
applicable provisions of Section 11-62-17 are met. The purpose of this
requirement is to ensure that there is a mechanism in place by which common
areas will be maintained. The Developer intends to maintain ownership of the
site and buildings and will be responsible for all site maintenance costs.
The original site plan approved in conjunction with the preliminary plat and
conditional use permits was for two multi-family buildings. The site plan has
been revised to be one multi-family building and four row townhome
buildings, each with six units. The pertinent changes to the site plan are
addressed below. As was the case with the previous site design, the Developer
intends to maintain ownership of the site and building and will be responsible
for all site maintenance costs.
SITE PLAN
Floor Area Ratio. Section 11-62-13.B.2 of the Zoning Ordinance limits the floor
area ratio for the proposed multiple family buildings to 0.7 as the subject site
abuts property zoned RST-2 District to the north. The gross floor area of the
proposed multi-family building is 147,862 square feet and the area of Lot 1 is
360,773 square feet, for a FAR of 0.41, which complies with Zoning Ordinance
requirements.
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Dwelling Units.The proposed buildings have a mix of studios, efficiency
alcoves, one- and two-bedroom dwelling units, summarized in the table below:
Min Floor Area
Required
Proposed
Floor Area
# of
Units
% of Total
Units
Studio 500 SF 507 SF 12 8%
Efficiency
Alcove
700 SF 604 SF 10 7%
1 Bedroom 700 SF 700-867 SF 60 42.5%
2 Bedroom 800 SF 907-1,152 SF 60 42.5%
The floor plan of the Efficiency Alcove shows that the units have a separate
bedroom (Exhibit H). The Zoning Ordinance includes a definition of efficiency
units, which is:
“DWELLING, EFFICIENCY APARTMENT: A dwelling unit consisting of one
principal room exclusive of bathroom, hallway, closets, or dining alcove.”
The inclusion of a bedroom within the unit means that the Efficiency Alcove
units do not meet the definition of an Efficiency Apartment Dwelling and
therefore must be considered a one-bedroom unit. However, Section 11-17-13.B
of the Zoning Ordinance requires one-bedroom units to have a minimum floor
area of 700 square feet, which the Efficiency Alcove units do not meet. The
Efficiency Alcove units must remove the bedroom walls from those units so
that they meet the efficiency apartment definition, or the unit size is revised
such that the unit has at least 700 square feet of floor area. Revised plans
showing revisions such that the units meet the Zoning Ordinance
requirements must be submitted to prior to City Council consideration of the
conditional use permit amendment.
Development Density. Section 11-62-13 of the Zoning Ordinance requires
townhomes within the RH-2 District to provide a minimum of 3,800 square feet
of net lot area per unit, while multiple family uses must provide a minimum of
1,675 square feet of net lot area per dwelling unit. The area Lot 1, Block 1 is 8.28
acres or 360,773 square feet. Based on 24 townhome units (91,200 SF required)
and 142 apartment units (237,850 SF required), the total minimum lot area
required is 329,050 SF. As previously noted, the lot area of the development
parcel is 360,773 SF, which complies with the Zoning Ordinance.
Parking. The apartment building includes two levels of underground parking
so as to provide at least one parking space enclosed below the principal
building as required by Section 11-19-13.A of the Zoning Ordinance. A total of
284 parking spaces are provided on site, which meets the requirement of two
parking spaces per unit between the surface and enclosed parking spaces. The
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townhome units each provide a two-car garage as well as two parking spaces
on the driveway.
Grading, Drainage, Erosion Control and Utilities.City sanitary sewer and
water is currently available to the site, which is within the current MUSA. All
public utilities will be constructed by the developer to serve the proposed
preliminary plat following final plat approval. Revised grading and utility plans
have been submitted with the EB First Addition final plat plans. Grading,
drainage, erosion control, and utility review comments are addressed in the
engineering report prepared by Chloe Anderson, Civil Engineer and Mac
Cafferty, Environmental Resources Manager, dated May 28, 2026. A copy of the
engineering report is attached for reference.
Right of Way Vacation.Right of way for a future 207th Street extension was
created by Dakota County in 2006, and the right of way was under their
jurisdiction. Since that time, development in the area has changed the
expected alignment of 207th Street and it will no longer connect with 210th
Street, at least in this location and therefore the right of way isn’t needed.
Earlier this year, Dakota County transferred the jurisdiction of the right of way
to the City, which now allows the right of way to be vacated.
RECOMMENDATION
Community Development Department staff recommends approval of the
amendment to conditional use permit #24-09 and the vacation of 207th Street
right of way in conjunction with the EB First Addition plat, subject to the
following stipulations:
1. Implementation of the recommendations listed in the May 28, 2026
engineering report.
2. The 207th Street right of way vacation must be recorded in conjunction
with the EB First Addition final plat.
3. Prior to City Council consideration of the CUP amendment, the apartment
building plans must be revised such that the “Efficiency Alcove” units
remove the bedroom walls so as to meet the definition of an efficient
dwelling unit or to increase the size of those same units to be at least 700
square feet as is required for one-bedroom units.
Findings of Fact in consideration of the conditional use permit amendment is
attached.
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PPAAGGEE 22 OOFF 55
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EEBB FFIIRRSSTT AADDDDIITTIIOONN
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EEBB FFIIRRSSTT AADDDDIITTIIOONN
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PPAAGGEE 55 OOFF 55