HomeMy WebLinkAbout05-23-13CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
May 23, 2013
Chair Lillehei 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: Jason Swenson, Bob Boerschel, Chair Brooks Lillehei, Paul
Reuvers, Gerry Grenz, Karl Drotning, Ex- officio member Shawn Fitzhenry
Members Absent: Linda Maguire
Others Present: Daryl Morey, Planning Director; Allyn Kuennen, Associate Planner;
Mark Hansen, Assistant City Engineer; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The following amendment to Page 10 of the May 18, 2013 Planning Commission
meeting minutes was recommended by Commissioner Grenz:
"Commissioner Grenz suggested that the next time we review the Zoning
Ordinance we clarify whether this includes solar water heaters heated peele - and
pool heaters."
The April 18, 2013 Planning Commission meeting minutes were approved as
amended.
4. Announcements
Mr. Morey stated that the following items were distributed to the Planning
Commission at tonight's meeting:
A. Draft motions of the May 19, 2013 Parks, Recreation and Natural Resources
Committee meeting regarding the Donnelly Farm 4th Addition preliminary plat and
the Aronson Bluff preliminary plat.
B. Amended stipulation 3 of the Donnelly Farm 4 Addition planning report.
Mr. Morey stated that if none of the items from tonight's agenda are continued, the
June 6 th Planning Commission meeting will be cancelled. The next Planning
Commission meeting is scheduled for June 20
Mr. Morey stated that the South Creek Greenway Technical Advisory Committee is
concluding their work that is being done in conjunction with cities in Dakota County
and Dakota County staff members to identify greenway corridors throughout the
County. He indicated there are two upcoming meetings Planning Commissioners
may wish to attend. There is another Open House that will be held at the Water
Planning Commission Meeting Minutes, May 23, 2013 Page 2
Treatment Facility in Lakeville on Tuesday, May 28, from 5:30 to 7:30 p.m. This will
be the last opportunity for Lakeville public input on the proposed South Creek
Greenway Corridor. Mr. Morey also commented that Dakota County staff and
consultants will make a presentation at the June 5 th Parks, Recreation and Natural
Resources Committee meeting. Planning Commissioners are invited to attend this
meeting if they are interested in hearing the presentation.
Mr. Morey asked the Planning Commission whether they felt the need to receive the
large size plans for plats in the future, or if the 11 x 17 reduced plans were sufficient.
There was a short discussion regarding the large plans being easier to read and the
possibility of electronic packets in the near future. The Planning Commission
decided not to make any changes at this point in time.
5. Stone Borough
Chair Lillehei opened the public hearing to consider the application of Keyland
Homes for the vacation of existing public drainage and utility easements, located
south of Hytrail Circle adjacent to Lot 10, Block 4, Stone Borough 2 Addition.
Tom Schutz, Department Manager with Keyland Homes presented an overview of
their request.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
stated that the subject property, Lot 10, Block 4, Stone Borough 2 Addition is the
last unit to be constructed in this area of the plat. He explained that the proposed
townhome must be set back a minimum of 20 feet from the adjacent townhomes
previously constructed on Lots 9 and 11. Therefore, to meet the 20 foot setback
requirement, Lot 10 must be moved 4.88 feet to the north and also includes
revisions to the existing drainage and utility easements within the surrounding
townhome common area (Lot 23).
Mr. Kuennen stated that the revisions to the boundaries of Lot 10 can be completed
via an administrative subdivision, which is reviewed by staff and recorded at Dakota
County. However, the revision to the drainage and utility easement requires a public
hearing, review by the Planning Commission and final consideration by the City
Council.
Mr. Kuennen stated that Keyland Homes has submitted a request to revise the
existing drainage and utility easement adjacent to Lot 10, Block 4, Stone Borough
2nd Addition. He indicated that a 4.88 foot area adjacent to the south side of Lot 10
must be added to the existing drainage and utility easement to reflect the overall
shift of Lot 10 to the north 4.88 feet.
Mr. Kuennen stated that staff recommends approval of the drainage and utility
easement vacation as presented.
Planning Commission Meeting Minutes, May 23, 2013 Page 3
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Commissioner Boerschel indicated that he is the president of the Stone Borough
Homeowners Association so he will be abstaining from this discussion and vote.
Motion was made by Drotning, seconded by Reuvers to close the public
hearing at 6:12 p.m.
Ayes: Swenson, Lillehei, Reuvers, Grenz, Drotning
Nays: 0
Abstain: Boerschel
Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• Commissioner Drotning drove through this area today. He indicated that with
all the rain, and subsequently all the mud, he hoped that the townhome could
be built quickly in order to reduce construction impacts for that neighborhood.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the Stone Borough drainage and utility easement vacation,
located south of Hytrail Circle adjacent to Lot 10, Block 4, Stone Borough 2nd
Addition, as presented.
Ayes: Lillehei, Reuvers, Grenz, Drotning, Swenson
Nays: 0
Abstain: Boerschel
6. Donnelly Farm 4 th Addition
Chair Lillehei opened the public hearing to consider the application of Summergate
Development, LLC for the following, located south of 194 Street and east of Dodd
Boulevard (CSAH 9): A. Preliminary plat of 24 single - family residential lots to be
known as Donnelly Farm 4 th Addition; B. Amendment to the Donnelly Farm Planned
Unit Development; and C. Vacation of existing public drainage and utility easements.
Casey Wollschlager and Gary Wollschlager, both with Summergate Development,
LLC were in attendance at tonight's meeting. Casey Wollschlager presented an
overview of their request. Mr. Wollschlager stated that they are proposing to convert
42 existing vacant townhome lots into 24 single family lots. He indicated that they
have worked with City staff, the homeowners association of the existing townhomes,
and with All Saints Church to make this proposal work.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
stated that Summergate Development, LLC has submitted preliminary and final
Planning Commission Meeting Minutes, May 23, 2013 Page 4
plans for the re- platting of 42 vacant townhome lots and portions of two common
area lots into 24 RS -4, Single Family Residential lots to be known as Donnelly Farm
4 Addition, along with easement vacation and PUD amendment applications.
Mr. Kuennen reviewed the Donnelly Farm 4 Addition plat. Mr. Keunnen stated that
the 32 townhome lots adjacent to Dodd Boulevard will be re- platted into 15 single
family lots. The area adjacent to All Saints Church was platted for ten townhome
lots and will be re- platted to nine single family lots.
Along with the preliminary and final plat, Mr. Kuennen indicated that a PUD
amendment is required to re -plat the townhome lots and the two unused guest
parking lots into 24 single family lots. He indicated the amendment will include
allowances for the rear yard grade of Lots 1 -9, Block 3 to exceed a 3:1 slope. A
revised PUD agreement will be required to reflect the proposed revisions to the lot
design, elimination of the townhome guest parking lots, and the allowances to
exceeding a 3:1 slope on Lots 1 -9, Block 3. Mr. Kuennen pointed out revisions he is
recommending to Stipulation 3 of the May 17, 2013 planning report to include
specific escrow requirements to insure the turf cover is established and the slope is
stabilized.
Mr. Kuennen indicated that an easement vacation application has also been
submitted to eliminate the existing easements within the preliminary and final plat
area that were established for the townhome design. The subject plat re- establishes
the perimeter easements for all 24 single family lots as required by the Subdivision
Ordinance.
Mr. Kuennen stated that the developer has requested to purchase a 509 square foot
area of City owned Outlot B, Donnelly Farm Addition adjacent to proposed Lot 8,
Block 2 to allow Lot 8 to meet the minimum RS -4 lot area requirements. Mr.
Kuennen indicated that staff has reviewed the request and determined that this 4.69
foot x 110 foot section was an unused area of Outlot B that could be sold without
affecting the adjacent trail, landscaping and greenway corridor.
Mr. Kuennen stated that staff recommends approval of the Donnelly Farm 4th
Addition preliminary plat, Planned Unit Development amendment and easement
vacation, subject to the five stipulations listed in the May 17, 2013 planning report.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Boerschel, seconded by Reuvers to close the public
hearing at 6:23 p.m.
Ayes: Lillehei, Reuvers, Grenz, Drotning, Swenson, Boerschel.
Nays: 0
Planning Commission Meeting Minutes, May 23, 2013
Page 5
Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• Clarified the width of the public streets serving the plat (32 foot wide streets
within a 60 foot ROW).
• Clarified which guest parking spaces will be removed and that on- street
parking will still be allowed.
• Confirmed that the homeowners association is aware of this proposal and has
granted the necessary construction easements.
• Discussion regarding the 2:1 slopes versus a retaining wall. Concluded that
the steeper slopes would be better than a retaining wall. With the escrow that
will be submitted by the developer as well as the stipulations included in the
planning report, they were willing to recommend approval to City Council.
• Discussed possible flooding of the rear yards in Block 3 due to the slope from
the adjacent All Saints Catholic Church property. Mr. Kuennen indicated that
swales will be constructed between the homes in Block 3 to direct storm
water away from the houses. He also stated that only a small area of the
church property drains to the Donnelly Farm development.
Motion was made by Reuvers, seconded by Drotning to recommend to City
Council approval of the Donnelly Farm 4 th Addition preliminary plat of 24 single
family residential lots, Planned Unit Development amendment, and vacation of
existing public drainage and utility easements, subject to the following five
stipulations, as amended:
1. The recommendations outlined in the May 17, 2013 engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. The final grade /slope at the rear of Lots 4 -9, Block 3 as shown on the grading
plan dated May 2, 2013, prepared by CES Consulting, LLC, must comply with the
following criteria:
a. A 20 -foot rear yard must be maintained, as measured from the back of the
house, at no more than a 10% grade.
b. A swale must be constructed at the base of the slope to guide stormwater
around the house.
c. No slope is allowed to be greater than 2:1.
d. All slopes greater than 3:1 must be stabilized with geogrid, permanent turf
reinforcement or similar process as approved by the Engineering Division.
e. All slopes greater than 3:1 must be vegetated with an appropriate mix of
low maintenance landscaping, plants or seed mix to stabilize the slope as
approved by the Engineering Division.
f. If retaining walls are used they must be installed on individual lots and are
not allowed to cross property lines.
g. A $2,500 escrow must be submitted by the developer for each lot with
slopes greater than 3:1 to insure the turf cover is established and the
slope is stabilized. The escrow is calculated as follows:
Planning Commission Meeting Minutes, May 23, 2013
6 lots (Lots 4 -9, Block 2) x $2,500 = $15,000
Page 6
The $15,000 escrow may be retained by the City for up to three years or
until the turf cover is established and the slope is stabilized as determined
by the Engineer Division.
h. A letter from the developer's engineer is required that certifies that any
slope greater than 3:1 has been appropriately stabilized to perform equal
to or better than a 3:1 slope.
4. In addition to the $2,000 sale price, the developer shall be responsible for all fees
and costs associated with the preparation and recording of the administrative
subdivision and the preparation of the purchase agreement and documentation
for the sale of the 509 square feet of City owned property adjacent to Lot 8, Block
2, Donnelly Farm 4 th Addition.
5. All single - family homes must comply with the following RS -4, Single Family
Residential District setbacks:
Ayes: Reuvers, Grenz, Drotning, Swenson, Boerschel, Lillehei
Nays: 0
7. Aronson Bluff
Chair Lillehei opened the public hearing to consider the application of KJ Walk for
the preliminary plat of 33 single family lots, located south of 202 Street (CSAH 50)
and west of Hamburg Avenue.
Luke Israelson from KJ Walk, LLC presented an overview of his request.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
indicated that the site is zoned RS -3, Single Family Residential District which is
consistent with the Comprehensive Land Use Plan and allows the property to be
developed into the proposed single family lots.
Mr. Kuennen reviewed the minimum lot area, width and depth requirements. He
stated that Lot 2, Block 2 must be revised to meet the minimum 150 foot lot depth
required for buffer yard lots. Mr. Kuennen also referred to the access of the
development and indicated that it would be from the southerly extension of Hampton
Avenue in the Village Creek neighborhood. He stated that the developer is
proposing an emergency access to the development from 202 Street (CSAH 50)
which would provide a secondary access to the development if Hampton Avenue is
Rear Adjacent to
Yard
Front
Front
Side
Side Corner
Rear
Open Space Areas
House
Garage
Interior
Decks onl
Setback
20'
25'
7'
20'
30'
20'
(30' abutting
(50' abutting
(Lots 1 -8, Block 2)
Dodd Blvd. )
Dodd Blvd.)
Ayes: Reuvers, Grenz, Drotning, Swenson, Boerschel, Lillehei
Nays: 0
7. Aronson Bluff
Chair Lillehei opened the public hearing to consider the application of KJ Walk for
the preliminary plat of 33 single family lots, located south of 202 Street (CSAH 50)
and west of Hamburg Avenue.
Luke Israelson from KJ Walk, LLC presented an overview of his request.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
indicated that the site is zoned RS -3, Single Family Residential District which is
consistent with the Comprehensive Land Use Plan and allows the property to be
developed into the proposed single family lots.
Mr. Kuennen reviewed the minimum lot area, width and depth requirements. He
stated that Lot 2, Block 2 must be revised to meet the minimum 150 foot lot depth
required for buffer yard lots. Mr. Kuennen also referred to the access of the
development and indicated that it would be from the southerly extension of Hampton
Avenue in the Village Creek neighborhood. He stated that the developer is
proposing an emergency access to the development from 202 Street (CSAH 50)
which would provide a secondary access to the development if Hampton Avenue is
Planning Commission Meeting Minutes, May 23, 2013 Page 7
not accessible from the south. The temporary emergency access will be upgraded to
a permanent right -in /right -out in the future when 202 Street (CSAH 50) is upgraded
to a four lane divided roadway. The Dakota County Plat Commission considered the
temporary emergency access and the permanent right -in /right -out access at their
May 20 meeting. They recommended approval.
Mr. Kuennen stated that a temporary easement is required over the temporary cul-
de -sac area at the north end of Hampton Avenue within Lot 1, Block 1 and Lot 1,
Block 2. The developer must submit an easement description for the temporary
easement document.
Mr. Kuennen stated that the Aronson Bluff plat includes the administrative
subdivision of a portion of Aronson Park property to be included in the Aronson Bluff
development. He described the proposed land swap and indicated that the
developer will be responsible for all fees and costs associated with the preparation
and recording of the administrative subdivision.
Mr. Kuennen stated that staff recommends approval of the Aronson Bluff preliminary
plat, subject to the 12 stipulations listed in the May 17, 2013 planning report.
Chair Lillehei asked staff to explain the emergency access and how it works.
Mr. Kuennen explained that because 202 Street (CSAH 50) is a county road, there
is limited access allowed by Dakota County. The county controls the access
spacing and guidelines for their roadway system in Lakeville. He indicated the City
likes to try to offer two entrances into a subdivision in case one of those entrances is
blocked. He explained the interim solution recommended by staff is a temporary cul-
de -sac at the north end of Hampton Avenue with the emergency access onto County
Road 50 controlled by a locked gate accessible only to City staff. When County
Road 50 is upgraded in the future to a 4 -lane divided road, this access would be
converted into a right -in, right -out and the emergency gate and signage would go
away.
Chair Lillehei opened the hearing to the public for comment.
Jon Malin, 20355 Hamburg Avenue
• Maintenance of Hamburg Avenue.
• Speed limit on Hamburg Avenue.
• Trail access to Aronson Park.
Jeff Kranz, 20405 Hamburg Avenue
• Will there be any drainage issues for the lots on the east side of the Aronson
Bluff plat given the elevation difference from their homes on Hamburg
Avenue.
Planning Commission Meeting Minutes, May 23, 2013
Ann Buesgens, 20405 Hamburg Avenue
• Traffic on Hamburg Avenue.
• Speeds on Hamburg Avenue.
• Truck traffic on Hamburg Avenue.
• Lack of trails on Hamburg Avenue.
Andrew Rundell, 20395 Hamburg Avenue
Same concerns as previously stated.
Storm water drainage concerns.
Maintenance of the existing walking path along 202 Street.
Scott, Schlink, 20483 Hamburg Avenue
Page 8
• Distances from their rear yards to the back of the homes to be constructed in
Aronson Bluff.
• Style of homes that will be built in Aronson Bluff.
Motion was made by Boerschel, seconded by Drotning to close the public
hearing at 6:58 p.m.
Ayes: Grenz, Drotning, Swenson, Boerschel, Lillehei, Reuvers
Nays: 0
Chair Lillehei asked staff to respond to the questions raised by the neighbors. Mr.
Kuennen stated that the plat does include the construction of a trail along County
Road 50 from Humboldt Avenue to Aronson Park. He indicated the Aronson Bluff
plat will have sidewalks on one side of Hampton Avenue. Regarding the setbacks,
Mr. Kuennen indicated that a minimum 30 foot rear yard building setback is required
in the RS -3 District.
Mr. Israelson stated the types of homes proposed are two -story, ramblers, and split
entries with three different builders. He indicated there will be no homeowners
association but he will have covenants the builders are required to follow. Mr.
Israelson explained the site drainage and storm water ponding.
Mr. Morey addressed the questions regarding Hamburg Avenue. He stated that
Hamburg Avenue is a major collector roadway. Currently we no longer allow direct
driveway access to major collector roadways. The Zoning Ordinance does not allow
driveway access to major collector roadways. He explained that the future upgrade
of Hamburg Avenue will be identified in the City's Capital Improvement Plan (CIP)
and he can follow up with the neighbors and let them know the timeline. Regarding
traffic and speed, the speed limit posted is based in large part on the roadway
design and classification. Speeding on the roadway is an enforcement issue for the
Police Department.
Planning Commission Meeting Minutes, May 23, 2013 Page 9
Mr. Morey stated that Dakota County will not allow a full access today on County
Road 50 at Hampton Avenue because it does not meet their spacing guidelines.
The upgrade of County Road 50 in this area is not currently included in the County's
Five Year CIP. City staff felt that the emergency access is the best alternative at this
time due to traffic safety concerns. Regarding trails along major collector roadways,
Mr. Morey indicated that they are typically constructed with new developments.
Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• The Planning Commission had an extensive discussion regarding the
emergency access from 202 Street (CSAH 50). Questions were raised
regarding whether a passenger vehicle could break down the barricade or go
around it in an emergency situation and who would have access to a key for
the lock. Some Commissioners were concerned about only one access to the
development, even temporarily, but most Commissioners determined that this
would be the best option until 202 Street is upgraded and the County allows
a right -in, right -out access. Mr. Morey stated that the other options included
building a temporary median to allow, right -in, right -out access today, but that
is cost prohibitive, and a right -in only access which would be a traffic safety
concern because some motorists would inevitably cheat the median. Ex-
officio member Shawn Fitzhenry concurred that the right -in only option is a
traffic safety concern for the Police Department and indicated that access to
the key for the emergency gate can be addressed in the Police Department's
CAD system.
• Trail access from within the Aronson Bluff plat to Aronson Park was
discussed. It was noted that the Parks, Recreation and Natural Resources
Committee did not recommend construction of an internal trail connection.
Mr. Morey stated that if the Planning Commission feels strongly about an
internal trail connection, it can be added as a stipulation and the City Council
would decide. Mr. Israelson explained that he would prefer not to dedicate a
trail easement now if the trail is going to be constructed in the future. Mr.
Morey concurred. The Planning Commission decided not to add the internal
trail connection as a stipulation.
• Commissioner Drotning appreciated the neighbors' comments and how they
presented themselves at tonight's meeting.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the Aronson Bluff preliminary plat of 33 single family residential
lots, located south of 202 Street (CSAH 50) and west of Hamburg Avenue, subject
to the following 12 stipulations:
1. The recommendations outlined in the May 17, 2013 engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
Planning Commission Meeting Minutes, May 23, 2013 Page 10
3. A temporary easement is required over the temporary cul -de -sac area at the
north end of Hampton Avenue within Lot 1, Block 1 and Lot 1, Block 2. The
developer must submit an easement description for the temporary easement
document, which will be prepared by the City Attorney and recorded with the final
plat.
4. A park dedication fee of $3,532 per unit for a total of $116,556 will be required to
be paid in lieu of dedicating park land prior to the release of the final plat mylars.
5. A five -foot wide concrete sidewalk must be constructed at the developer's
expense on the west side of Hampton Avenue.
6. The developer shall construct an 8 foot wide bituminous trail along 202 "d Street
(CSAH 50) and shall be responsible for 5/8 of the trail construction cost.
7. The buffer yard landscape screening and the landscaping within the storm water
basins must be installed as shown on the approved plans.
8. The buffer yard berm must be sodded to the edge of the trail along 202 "d Street
(CSAH 50). A $1,000 cash escrow must be submitted with the building permit
application for the lots adjacent to 202 Street (CSAH 50) to guarantee the
installation of the sod. This escrow will be in addition to the landscape /sod
escrow required for this lot at the time of building permit.
9. A cash escrow for the future burial of the existing overhead utility lines along
202 Street (CSAH 50) shall be paid by the developer prior to the release of the
final plat mylars.
10. Prior to City Council consideration of the final plat, the lot depth of Lot 2, Block 2
must be revised to be a minimum of 150 feet.
11.All proposed subdivision identification signs must be shown on the plans prior to
City Council approval of the final plat.
12.All single family homes must comply with the following RS -3, Single Family
Residential District setbacks:
Front Yard: 30 feet
Rear Yard: 30 feet
Rear Yard (abutting 202 Street (CSAH 50)) 50 feet
Side Yard (Interior) 10 feet
Side Yard (Corner) 20 feet
Side Yard (abutting 202 "d Street (CSAH 50)) 30 feet
Ayes: Drotning, Swenson, Boerschel, Lillehei, Reuvers, Grenz
Nays: 0
Abstain: Grenz. Commissioner Grenz stated that he cannot support this plat
because he feels it is not safe with only one access to the neighborhood.
9. Staff Notices
Mr. Morey introduced Mark Hansen, the City's new Assistant City Engineer. Mr.
Hanson previously worked for SRF.
There being no further business, the meeting was adjourned at 7:54 p.m.
Planning Commission Meeting Minutes, May 23, 2013
Respectfully submitted,
Penny Brev' ecording Secretary
Brooks Lillehei, Chair
Page 11