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Item -0906
City of Lakeville Planning Department ='11 Lakeville ..ter vvrp,,..- Memorandum To: Planning Commission From: Kris Jenson, Associate Planner Date: January 2, 2014 Subject: Packet Material for the January 9, 2014 Planning Commission Meeting Agenda Item: 1) Preliminary plat of 40 single family lots to be known as Kyla Crossing 2) Variance for buffer yard lot depth, lot width, and rear yard setback. Action Deadline: Preliminary plat (March 6, 2014); Variance (February 15, 2014) BACKGROUND CNC Development has applied for a preliminary plat and variance to allow the development plat of 40 single family residential lots on approximately 15 acres to be known as Kyla Crossing. The variance request would permit the reduction of the required buffer yard lot depth, lot width, and rear yard setback for certain lots within the plat. The Kyla Crossing preliminary plat is located northeast of Kenwood Trail (CSAH 50) and west of Ipava Avenue. The Kyla Crossing preliminary plat plans have been distributed to Engineering Division and Parks and Recreation Department staff, the Parks, Recreation and Natural Resources Committee, and the Dakota County Plat Commission. The subject property has been proposed for development at various times since 1996 with the most recent being a preliminary plat approved by the City Council in 2006. The developer at that time chose to not move forward prior to City Council consideration of the final plat. The preliminary plat subsequently expired. Earlier this week, city staff requested a design change for the preliminary plat, to have proposed Street A end in a cul-de-sac adjacent to Kenwood Trail (CSAH 50) rather than connect as originally proposed. The plans attached to this report still reflect the Street A connection to Kenwood Trail (CSAH 50) as there wasn't enough time to make the change on the plan sheets. Exhibit H illustrates the new design and both the Planning and Engineering reports reflect the design change. A revised preliminary plat will be available for the Planning Commission to view at the January 9` meeting. EXHIBITS Exhibit A - Location and Existing Zoning Exhibit B - Aerial Photo Map Exhibit C - Cover Sheet and Site Information (3 pages) Exhibit D - Existing Conditions Survey Exhibit E - Boundary Survey Exhibit F - Preliminary Plat (2 Pages) Exhibit G - Ghost Plat of Adjoining Properties Exhibit H - Street A cul-de-sac modification Exhibit I - Preliminary Grading and Drainage Plan Exhibit J - Preliminary Grading with Storm Sewer Exhibit K - Preliminary Erosion and Sediment Control Plan Exhibit L - Preliminary Utility Plan Exhibit M - Landscape Plan Exhibit N - Tree Preservation Plan (2 Pages) Exhibit O - Letter from Dakota County Plat Commission, dated November 25, 2013 PLANNING ANALYSIS PRELIMINARY PLAT Existing Buildings and Conditions. There are four outbuildings located on the Kyla Crossing property. These will be removed when the site is developed. The existing wells shall be abandoned according to state and local requirements. Consistency with the Comprehensive Plan. The Kyla Crossing property is located in Planning District 5 of the 2008 Comprehensive Plan. Planning District 5 guides the subject property for low/medium density residential development where city sewer is available. Zoning and Adjacent Land Uses. The Kyla Crossing preliminary plat area is currently zoned RST -2 (Exhibit A). The developer proposes to construct single-family homes which are a permitted use within the RST -2 district. Those single-family lots will follow the lot standards of the RS -4 district, as noted in the Zoning Ordinance. Adjacent land uses and zoning are as follows: North - Single Family Homes (RS -2 District) East - Ames Ice Arena (P/OS District) South - Undeveloped, Single Family Homes (RM -2 District) West - Single Family Homes (RS -3 District) and Undeveloped (RST -2 District) Consistency with the Capital Improvement Plan (CIP). City streets, sanitary sewer and water improvements for the area of Kyla Crossing will be financed and constructed by the developer. The development costs associated with the Kyla Crossing development are not programmed in the 2013 - 2017 CIP. Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. Eligible N criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (police and fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans (discussed above). Staff review of the Kyla Crossing preliminary plat against these criteria finds that it is not a premature subdivision. Density/Average Lot Size. The Kyla Crossing preliminary plat consists of 40 single family lots on 15.12 acres. This results in a gross density of 2.65 units per acre. Excluding street right-of-way and outlots, the net density is 4.3 units per acre. Lot sizes range from 8,400 square feet to 25,103 square feet in area. Lots/Blocks. The following minimum lot size requirements of the RST -2, Single and Two Family Residential District will pertain to the Kyla Crossing preliminary plat: Lot Area - Interior: 8,400 square feet Corner: 10,200 square feet Lot Width - Interior: 70 feet Corner: 85 feet Depth abutting CSAH 50:150 feet Corner lot width abutting Ipava Avenue: 110 feet. All of the lots in the Kyla Crossing preliminary plat meet the lot area requirements of the RST -2 District. A variance for lot depth has been requested for the five (5) lots that back up to Kenwood Trail (CSAH 50) and a variance for lot width for the two (2) lots that are adjacent to Ipava Avenue. Further review of the requested variance is included later in this report. Setbacks. The subject property is zoned RST -2, Single and Two -Family Residential District, which permits single family dwellings. The following minimum requirements for building setbacks will pertain to the Kyla Crossing preliminary plat: Front Yard - 20 feet to the principal building; 25 feet to the face of the garage. Rear Yard - 30 feet Buffer Yard - 50 feet Side Yards: Interior -7 feet Corner - 20 feet Buffer Yard - 30 feet The proposed house pads shown on the Kyla Crossing grading, drainage and erosion control plan indicate that all 40 lots have adequate building pad areas that meet setback requirements for principal structures. A variance has been requested for the five (5) lots that back up to Kenwood Trail (CSAH 50) for accessory structure setback. Further review of the requested variance is included later in this report. Residential Buffer Yard Requirements. Seven (7) lots abutting Kenwood Trail (CSAH 50) and two (2) lots adjacent to Ipava Avenue require increased buffer yard lot sizes 3 and setbacks in the Kyla Crossing preliminary plat. Kenwood Trail (CSAH 50) is classified as a high density minor arterial roadway and Ipava Avenue is classified as a major collector in the Comprehensive Transportation Plan. The buffer yard screening along both roadways must provide an effective minimal visual screen of 10 feet in height. This will be accomplished with landscaping including minimum eight foot tall evergreen trees and overstory deciduous trees (Exhibit M). The preliminary plat also provides for a 30 foot side yard buffer setback along Kenwood Trail and Ipava Avenue. The landscape plan includes the installation of 70 trees (24 deciduous trees and 46 coniferous trees) along the Kenwood Trail and Ipava Avenue buffer yard areas. The landscape plan must be modified to show the two (2) Austrian Pines proposed on Lot 18, Block 1 and the four (4) Black Hills Spruce trees proposed on Lot 1, Block 4 at a minimum of eight (8) feet in height. All evergreen trees in required buffer areas must be a minimum of eight (8) feet in height and if not located on a berm the evergreen trees must be a minimum of 10 feet in height. Outlots. There are seven outlots totaling 2.42 acres in the Kyla Crossing preliminary plat. The use of the proposed outlots will be as follows: Outlot A - 0.04 acre outlot consisting of wetland and wetland buffer that will be deeded to the city with the final plat. Outlot B - 0.39 acre outlot consisting of a stormwater management basin that will be deeded to the City with the final plat. Outlot C - 0.42 acre outlot consisting of a stormwater management basin that will be deeded to the City with the final plat. Outlot D - 0.82 acre outlot consisting of a stormwater management basin that will be deeded to the City with the final plat. Outlot E- 0.11 acre outlot for future residential development to be retained by the developer. Outlot F - 0.15 acre outlot consisting of future right of way for County Road 50 that will be acquired by Dakota County. OutlotG - 0.49 acre outlot consisting of future right of way for County Road 50 that will be acquired by Dakota County. Because of the proposed change of Street A to end in a cul-de-sac rather than connect to Kenwood Trail (CSAH 50), the plans will be modified and outlots F and G will be combined into one outlot. Phasing. Kyla Crossing will be developed in one phase. Following City Council approval of the preliminary plat, CNC Development plans to submit a final plat for the entire development as proposed with the preliminary plat. Signs. No subdivision identification monument signs are proposed with the Kyla Crossing preliminary plat. If any subdivision identification monument signs are proposed they must be located within an outlot and be owned and maintained by a homeowner association. 4 Streets. The following is a summary of streets proposed with the Kyla Crossing preliminary plat. Additional detailed information is outlined in the Engineering Division memorandum dated January 2, 2014. • Kenwood Trail (CSAH 50) - Kenwood Trail is adjacent to the property and is classified as a minor arterial in the Comprehensive Transportation Plan. Kenwood Trail requires a total of 150 feet of right-of-way. Because of the railroad right-of-way located southwest of Kenwood Trail, the additional right- of-way needed to meet Dakota County's right-of-way needs map must come from the proposed Kyla Crossing plat. Forty-one (41) feet of right-of-way is proposed to be dedicated with this plat. The additional 31 feet along Kenwood Trail shown as outlot has been requested by Dakota County for right-of-way and the county and city will work with the developer to acquire the right-of- way with the final plat. • Street A - Street A will provide access to the Kyla Crossing development from Ipava Avenue and will end in a cul-de-sac adjacent to Kenwood Trail (CSAH 50). Street A is a local residential street that will include a 60 foot wide right-of-way and a 32 foot wide street. The plat originally included an access to Kenwood Trail (CSAH 50), which met the County's access spacing guidelines. Staff has concerns that the street would become a shortcut for drivers looking to bypass the traffic signal at Ipava Avenue and Kenwood Trail (CSAH 50). Earlier this week, city staff requested that the developer modify the plat to include the cul- de-sac. Exhibit H reflects the layout with the cul-de-sac, however there wasn't sufficient time to make the change to all of the plan sheets. The developer's engineer has stated that a revised plat plan will be available at the Planning Commission meeting for review. • Street B - Street B will be a residential street constructed within a 60 foot wide right-of-way and a 32 foot wide street. Street B will be constructed with a temporary turnaround until such time the street is extended with the development of the Warweg property to the east. All streets meet the minimum width and design requirements of the Subdivision Ordinance. The developer shall install a future street extension sign at the end of Street B to notify the owners of lots on this street that the street will be extended with the future development of the adjacent property. Street names will be proposed by the developer and will be reviewed by staff for compliance with the street naming guidelines prior to final plat. Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for the Kyla Crossing preliminary plat is shown on the grading, drainage and erosion control and utility plans. All existing and new local utilities shall be placed underground. Grading, drainage, erosion control, and utilities details are outlined in the January 2, 2014 engineering report prepared by Alex Jordan, Civil Engineer and Mac Cafferty, 5 Environmental Resources Manager. The Engineering Division recommends approval of the preliminary plat. Right -of Way. There is existing right-of-way that is proposed to be vacated with the Kyla Crossing final plat as shown on the Boundary Survey (Exhibit E). The platted 4th Street and the alley between Lots 1-4 and 13-16, Block 4 from the Lenihan's Lots Antlers Park plat are undeveloped. Tree Preservation. There are 164 significant trees located within the Kyla Crossing preliminary plat boundaries. The tree preservation plan proposes to save 72% of the significant trees on site. A tree preservation plan and a tree inventory were submitted by the developer (Exhibit N). Mac Cafferty, Environmental Resources Manager has reviewed the tree preservation plan. His comments are included in the January 2, 2014 engineering report. Wetlands. A wetland delineation has been completed and the information and data has been incorporated into the preliminary plat plans. There are two (2) wetlands within the preliminary plat area. Mac Cafferty has reviewed the wetland delineation report. His comments are included in the January 2, 2014 engineering report. Park Dedication. The City's 2006 Comprehensive Parks, Trails, and Open Space Plan does not identify a need for park land within the Kyla Crossing preliminary plat area. Staff is recommending a cash contribution to satisfy the park dedication requirements for the Kyla Crossing plat. The park dedication fee will be based on the rate in effect at the time of final plat approval. The Parks, Recreation and Natural Resources Committee will review the preliminary plat at their January 8, 2014 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. Sidewalks/Trails. The developer will construct 5 foot wide concrete sidewalks along the south side of Street A and the east side of Street B. The City Parks, Trail and Open Space Plan identifies a future bituminous trail along the northeast side of Kenwood Trail. The developer will submit a cash escrow representing 5/8ths of the cost of the future trail construction. The trail will be constructed as part of the future upgrade of Kenwood Trail. MUSA. The Kyla Crossing preliminary plat area is located within the current MUSA. Ghost Plat. The developer has submitted a ghost plat (Exhibit G) showing single family lots and the future extension of roads to the south on the adjacent Warweg property. This road extension will allow future access from the Kyla Crossing development to that area when this property develops. It is anticipated that the three single-family homes along Kenwood Trail (CSAH 50) will be acquired and removed prior to reconstruction. The ghost plat incorporates the land into future single-family lots. Dakota County Plat Commission. The Dakota County Plat Commission reviewed the preliminary plat at their November 18, 2013 meeting. Because of the location of the railroad on the west side of Kenwood Trail (CSAH 50), the Plat Commission is requiring an additional 31 feet to meet the right-of-way needs for Kenwood Trail (CSAH 50). The County and the City will work with the developer on obtaining the additional right -of - C.1 way with the Kyla Crossing final plat. The Plat Commission approved the preliminary plat. VARIANCE ANALYSIS The developer is requesting variances on seven (7) lots within the preliminary plat. They are as follows: • Lot 1, Block 1. Variance is requested from the buffer yard lot width requirement, which is 110 feet. Lot 1, Block 1 is proposed to be 107.6 feet wide, a variance of 2.4 feet. This lot includes the full 30 foot wide buffer yard side setback as required by ordinance. • Lot 1, Block 2. Variance is requested from the buffer yard lot width requirement, which is 110 feet. Lot 1, Block 2 is proposed to be 100 feet wide, a variance of 10 feet. This lot includes the full 30 foot wide buffer side yard setback as required by ordinance. • Lots 1-5, Block 5. Variance is requested from the buffer yard lot depth and buffer rear yard setback. Section 11-21-9E requires double frontage lots to be a minimum of 150 feet deep with a 50 foot rear buffer yard setback. These lots are proposed to be 135 feet deep with a 30 foot buffer rear yard setback. Lot 18, Block 1 was originally included in the lots that would need a variance for the buffer yard lot width, as it was 106.1 feet wide, 3.9 feet short of the minimum 110 foot width. With the change that Street A will now end in a cul-de-sac, the lot has changed slightly and now meets the minimum 110 foot width, thus negating the need for a variance. The original preliminary plat design did not include any variance requests. On November 18, the plat was reviewed by the Dakota County Plat Commission, who informed staff and the developer that an additional 31 feet of right-of-way, beyond the 41 feet that was expected to be required, would be needed to meet the 150 foot right-of-way needs for Kenwood Trail (CSAH 50). This impacted the plat design and the number of lots proposed was reduced from 43 to 40. Lots 1-5, Block 5 are requesting to have a reduced rear yard setback for accessory structures only. The building pads proposed on these lots are sufficient to accommodate a single-family home design and will be required to meet to the 50 foot rear yard buffer setback. Accessory structures such as decks over 30 inches in height are subject to the same setbacks as primary structures. With the proposed variance, accessory structures, including decks over 30 inches, would be allowed to be closer to the rear property line than 50 feet, but in no case would they be allowed to be closer than 30 feet. The rear 30 feet of the lots includes a public drainage and utility easement and landscaped buffer yard adjacent to Kenwood Trail (CSAH 50). Review Criteria. Section 11-6-5 of the Zoning Ordinance lists the review criteria for variances. It states, "The board of adjustment shall not approve any variance request (major or minor) unless they find failure to grant the variance will result in practical difficulties. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic conditions alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The following criteria must also be met: A. That the variance would be consistent with the comprehensive plan. B. That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. D. That the purpose of the variance is not exclusively economic considerations. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. F. That the requested variance is the minimum action required to eliminate the practical difficulty. 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. Staff's review of the requested variance for the Kyla Crossing preliminary plat finds that it meets the above criteria. Findings of fact for the variance request are attached for your consideration. RECOMMENDATION Planning Department staff recommends approval of the Kyla Crossing preliminary plat and variance subject to the following stipulations: 1. Implementation of the recommendations listed in the January 2, 2014 engineering report. 2. The recommendation of the Parks, Recreation, and Natural Resources Committee. 3. All houses shall meet the following minimum setback requirements of the RST - 2 District, except for those lots subject to the variance, as indicated below: Front Yard - 20 feet to the principal building; and 25 feet to the face of the garage. Rear Yard - 30 feet Buffer Yard - 50 feet Lots 1-5, Block 5 - Rear buffer yard - 30 feet for accessory structures only. Side Yards: Interior -10 feet Corner - 20 feet Buffer - 30 feet 4. All new local utilities and any existing overhead service utilities shall be placed underground. 8 5. Park dedication shall be paid in cash with the final plat. 6. The developer shall construct 5 foot wide concrete sidewalks along one side of Street A and Street B. The developer shall submit a cash escrow with the final plat for future trail construction on the northeast side of Kenwood Trail. 7. The accessory building removal shall require a demolition permit from the City prior to removal. 8. The existing wells within the plat area shall be abandoned in compliance with state and local requirements. 9. Outlots A, B, C, and D shall be deeded to the City with the final plat. 10. Buffer yard landscaping shall be installed according to the approved landscape .plan. A security for the buffer yard landscaping shall be submitted with the final plat. 11. The landscape plan must be modified to show the two (2) Austrian Pines proposed on Lot 18, Block 1 and the four (4) Black Hills Spruce trees proposed on Lot 1, Block 4 at a minimum of eight (8) feet in height. All evergreen trees in required buffer areas must be a minimum of eight (8) feet in height and if not located on a berm the evergreen trees must be a minimum of 10 feet in height. 12. Any subdivision signs must be located within an outlot owned and maintained by a homeowner's association. 13. The developer shall install a "Future Street Extension" sign at the temporary turnaround on Street B. 14. Prior to City Council consideration, the preliminary plat shall be revised such that Street A terminates in a cul-de-sac at the west end. 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O N W A 0 A 00 W $j N W A 0 � A 0071 -4 W N-4 0 N COD A OWO CW0 m W co coo OD co CN>t 0 G y, I••rl ; N� O' o m O y0C/I IM D D D D W W W 0fn co 0fn W 00 co W 0000000 W 000000 OO W mW W y co 000 W 00 W W 0�v W 0�v co 0xv C/Imv� " D(cnnDOOvO ntnNO D D D D D mxmmmmz Dv 0 HZ =rcn ti** C mmmmm mmr"0 r r vmvmmv r r 3 r r rm � OOOO7 O m mmm mm mmmmmmm; mmmm �X_��XXXX___m��� XXXmvovv m Fr Z 0 W 0 0 000 O O W C71 N O V A W N N A A N W W N W V C71 O 0 CT A N J CA W A O W O W 0 0 -4 0 0 0 W 00 -4 0 04 N O 0 V V 00 8 0 W V A 0 DRAWN BY A V 00 CD V A V JTM m DATE a CA 0 J m Tn 10/10/13 z REVISIONS N O7 07 Z 11/6/13 CITY COMMENTS Z 12/18/13 CITY COMMENTS 07 V 07 12/26/13 CITY COMMENTS = m 01/02/14 CITY COMMEN fn ? 0 O � D r A CAD PE o X X X X X X X X X X X X X x x x x X X X X X X X x x X X x x X X X x X x X x X x x x X CA C 229 m PROJECT NO. 22986 A M 6.2 mA xxx m r Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952-891-7087 • Fax 952-891-7127 • www.dakotacounty.us November 25, 2013 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: KYLA CROSSING The Dakota County Plat Commission met on November 18, 2013, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 50, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat proposes a residential development located north of CSAH 50 and west of Ipava Avenue. The proposed plan indicates one access to CSAH 50 (Street A). The right-of-way needs are 150 feet of full width or 75 feet of half right of way for a four -lane divided roadway. There is railroad along the existing southwesterly right of way line of CSAH 50 and future expansion of CSAH 50 is limited on the south. With approximately 78 feet of existing right of way for CSAH 50, 72 feet of new right of way is needed on the north side of CSAH 50 to meet the full width of 150 feet. About 41 feet of new right-of- way dedication would meet the 75 feet of half right of way with an additional 31 feet right of way needed (72 feet total) to meet the four -lane divided roadway needs of 150 -feet. With no room to expand the future road southerly, the County and City will be working with the developer on the options to obtain the additional 31 feet. The Plat Commission discussed the 2.5 acre parcel to the north along CSAH 50 and the possibility of an internal connection within this plat to eliminate a driveway access to CSAH 50. Restricted access should be shown along all of CSAH 50 except for the one opening (Street A). A study of CSAH 50 from the CSAH 50/60 roundabout to CSAH 9 was recently completed and reconstruction of this stretch of road is planned to begin in 2017. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 50 are 13,100 and are anticipated to be 18,200 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. EXHIBIT 0 No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission cc: Joel Cooper, JRH Rick Osberg, JRH Dave Anderson, Brandl/Anderson Bill Ryan, Ryan Real Estate CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA KYLA CROSSING VARIANCE On January 9, 2014, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of CNC Development for variances to the buffer yard lot depth, lot width, and rear yard setback for seven (7) lots within the Kyla Crossing preliminary plat. 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 zoned RST -2, Single and Two -Family Residential District. 2. The property is located in Planning District No. 5 and is classified as Low/Medium Density Residential in the Comprehensive Plan. 3. The legal description of the properties will be: Lot 1, Block 1, KYLA CROSSING, Dakota County, Minnesota. Lot 1, Block 2, KYLA CROSSING, Dakota County, Minnesota Lots 1 - 5, Block 5, KYLA CROSSING, Dakota County, Minnesota 4. Section 11-6-5 of the City of Lakeville Zoning Ordinance provides that a variance shall not be approved unless failure to grant the variance will result in practical difficulties. The criteria and our findings regarding them are: a) That the variance would be consistent with the comprehensive plan. The proposed lot depth, width and rear yard setback variance will be consistent with the City's Comprehensive Plan which guides the Kyla Crossing neighborhood for low/medium density residential uses. b) That the variance would be in harmony with the general purposes and intent of this Title. The proposed lot depth, width and rear yard setback variances will be consistent with the other lots within the development. Lot 1, Block 1 and Lot 1, Block 2 both include the full 30 foot side yard landscaped buffer area and the lot width between the side yard setbacks is consistent with other similar lots in this plat. Lots 1-5, Block 5 will allow a minimum 30 foot rear yard setback for accessory structures only; principal structures will still be required to meet the 50 foot setback as established in Section 11-21-9Ec of the Zoning Ordinance. The reduced lot depth is consistent across these five (5) lots and is the minimum reduction necessary. c) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The additional 31 feet of future right-of-way required by Dakota County in addition to the 41 feet that would normally be required is due to the location of the Minneapolis, Northfield, and Southern Railroad line on the west side of Kenwood Trail (CSAH 50), which limits where Dakota County can acquire the right-of-way needed. d) That the purpose of the variance is not exclusively economic considerations. The proposed lot depth, width and rear yard setback variance is created by Dakota County's right-of-way requirement for Kenwood Trail (CSAH 50) is not due exclusively to economic considerations. e) That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed lots will be in keeping with the character of the remaining Kyla Crossing neighborhood. f) That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed lot layout has been designed to minimize the amount of the variance requested and still meet the intent of the ordinance and be consistent with other lots within the plat. 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. Single-family homes are a permitted use in the RST -2, Single and Two -Family Residential District. 5. The planning report dated January 2, 2014 and prepared by Associate Planner Kris Jenson is incorporated herein. F Memorandum To: Kris Jenson, Associate Planner From: Alex Jordan, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Mark Hansen, Assistant City Engineer Date: January 2, 2014 Subject: Kyla Crossing • Preliminary Plat Review • Grading Plan Review • Utility Plan Review • Tree Preservation Plan Review BACKGROUND City of Lakeville Engineering CNC Development LLC has submitted a preliminary plat named Kyla Crossing. The proposed subdivision is located north of and adjacent to Kenwood Trail (CSAH 50) and west of and adjacent to Ipava Avenue. The parent parcels are zoned RST -2, Single and Two Family Residential District and consist of multiple lots and outlots created with the Antlers Park plat (1909) and the Lenihan's Lots, Antlers Park plat (1941) which is a re -plat of the Antlers Park plat. The individual parcels that comprise Kyla Crossing are summarized below: PID No. General Description 22-11500-05-181 Lots 4 11-13 15-18 Block 5 Antlers Park 22-44900-04-040 Lots 1-4 Block 4, Lenihan's Lots, Antlers Park 22-44900-04-160 Lots 13-16, Block 4 Lenihan's Lots Antlers Park 22-44900-02-020 Part of Outlot G, Lenihan's Lots, Antlers Park 22-44900-05-282 Parts of Outlots F and G and Lots 3, 5-10, 14, 19-28, Block 5, Lenihan's Lots, Antlers Park The preliminary plat consists of forty single family lots within five blocks and seven outlots on 15.12 acres. The Developer is dedicating 0.90 acres as Kenwood Trail right-of-way. KYLA CROSSING 3ANUARY 3, 2014 PAGE 2 OF 10 The outlots created with the preliminary plat shall have the following uses: Outlot A: Existing wetland and drainage way; to be conveyed to Development of the site includes the following public improvements: sanitary sewer, watermain, storm sewer, stormwater management basins, and local streets and sidewalks. The proposed subdivision will be completed by: Developer: CNC Development LLC Engineer/Surveyor: James R. Hill, Inc. SITE CONDITIONS Kyla Crossing consists primarily of agricultural land that previously was the site of Cross Nurseries. The land was utilized for growing garden nursery plants and trees and storing landscaping materials through the spring of 2006. The majority of the site drains to the east, while a small portion of the site drains to the northwest corner of the site. The significant trees are primarily located along the north plat boundary, although several small clusters are scattered throughout the site. The existing homestead, accessory buildings, driveways, curb -cuts, septic systems, irrigation systems, fuel tank, landscaping materials and fences shall be removed and the wells shall be abandoned with the Kyla Crossing development. The Developer shall provide a security at the time of final plat to ensure that this work is completed and certified per all applicable codes and regulations. The Developer shall obtain a demolition permit from the Building Inspections Department prior to their removal. A permit from Dakota County is required prior to any work within Kenwood Trail right-of-way. the City by deed (0.04 acres) Outlot B: Stormwater management basin, to be conveyed to the City by deed (0.39 acres) Outlot C: Stormwater management basin, to be conveyed to the City by deed (0.42 acres) Outlot D: Stormwater management basin, to be conveyed to the City by deed (0.82 acres) Outlot E: Future residential development, retained by the developer (0.11 acres) Outlot F: Future Kenwood Trail right-of-way, retained by the developer (0.15 acres) Outlot G: Future Kenwood Trail right-of-way, retained by the developer (0.49 acres) Development of the site includes the following public improvements: sanitary sewer, watermain, storm sewer, stormwater management basins, and local streets and sidewalks. The proposed subdivision will be completed by: Developer: CNC Development LLC Engineer/Surveyor: James R. Hill, Inc. SITE CONDITIONS Kyla Crossing consists primarily of agricultural land that previously was the site of Cross Nurseries. The land was utilized for growing garden nursery plants and trees and storing landscaping materials through the spring of 2006. The majority of the site drains to the east, while a small portion of the site drains to the northwest corner of the site. The significant trees are primarily located along the north plat boundary, although several small clusters are scattered throughout the site. The existing homestead, accessory buildings, driveways, curb -cuts, septic systems, irrigation systems, fuel tank, landscaping materials and fences shall be removed and the wells shall be abandoned with the Kyla Crossing development. The Developer shall provide a security at the time of final plat to ensure that this work is completed and certified per all applicable codes and regulations. The Developer shall obtain a demolition permit from the Building Inspections Department prior to their removal. A permit from Dakota County is required prior to any work within Kenwood Trail right-of-way. KYLA CROSSING 3ANUARY 3, 2014 PAGE 3 OF 10 RIGHT-OF-WAY VACATION The parent parcels contain the following existing public rights-of-way that were dedicated with the Antlers Park plat (1909): • 4th Street: 60 -foot wide right-of-way • The alley in Block 4, Antlers Park: 16 -foot wide right-of-way The rights-of-way are undeveloped and the Developer is requesting that they be vacated with the final plat. The City previously vacated the section of Taft Avenue located north and west of 4th Street, and the alley in Block 5, Antlers Park. The proposed right-of-way vacation will be processed along with the Kenwood Trail right-of-way dedication (Outlots F and G) at the time of final plat. EASEMENTS The parent parcels contain one public drainage easement and one private transmission line easement. An existing 1,200 square -foot permanent drainage easement located near the northwest corner of the proposed plat is in favor of the Minnesota Department of Transportation and was established to collect and convey runoff generated within Kenwood Trail right-of-way when it was a state roadway. An existing blanket easement for transmission lines is in favor of Northwestern Bell Telephone Company and was established across existing utility lines. Both easements will remain and do not impact the design of the plat. STREET AND SUBDIVISION LAYOUT Kyla Crossing is located adjacent to transportation facilities under the control of Dakota County and the City of Lakeville. Kenwood Trail (CSAH 50) Kyla Crossing is located north of and adjacent to Kenwood Trail (CSAH 50), an arterial roadway as identified in the City's Transportation Plan. Dakota County controls the right-of-way requirement and access locations for Kenwood Trail. The Dakota County Road Plat Review Needs Map (dated April 16, 2013) indicates the ultimate design for the section of Kenwood Trail adjacent to the site is a four -lane divided urban roadway. The 1/2 right-of-way requirement for a four -lane divided urban roadway is 75 feet. The Developer is proposing to dedicate 41 feet of right-of- way such that the combined north 1/2 right-of-way, measured from the center of existing Kenwood Trail, is 75 feet. Dakota County is requesting an additional 31 feet of right-of-way width along Kenwood Trail to meet the right-of-way needs for a four lane divided roadway. This is necessary as the existing railroad right-of-way south of Kenwood Trail limits the roadway expansion to the south. The Developer will outlot the 31 feet and continue discussions with Dakota County on options to acquire the additional right-of-way. The Dakota County Plat Commission approved the Kyla Crossing preliminary plat at its November 18, 2013 meeting. KYLA CROSSING JANUARY 3, 2014 PAGE 4 OF 10 The section of Kenwood Trail adjacent to the site is constructed as a 52 -foot wide undivided urban roadway and striped as a three -lane section, with one through lane in each direction and center left -turn lanes between the intersections. The City's and Dakota County's current Capital Improvement Program is scheduled to improve Kenwood Trail from CSAH 60 to CSAH 9 to a four lane divided roadway in 2017. A cash fee for the future upgrade of Kenwood Trail has not been collected on the parent parcels and shall be paid at the time of final plat. Ipava Avenue Kyla Crossing is located west of and adjacent to Ipava Avenue, a major collector as identified in the City's Transportation Plan. Ipava Avenue is constructed as a four - lane divided parkway within a 120 -foot wide right-of-way. Because Ipava Avenue is built to its ultimate section at this location, and the right-of-way requirement for a parkway is 120 feet, additional right-of-way will not be required. Street A Development of Kyla Crossing includes the construction of Street A. Street A is designed as a public 32 -foot wide two-lane undivided urban roadway within a 60 - foot wide right-of-way that will terminate in a permanent cul-de-sac west of Street B. The cul-de-sac is designed as a 45 -foot radius within a 60 -foot right-of-way radius. The cul-de-sac street length of approximately 350 feet meets Subdivision Ordinance requirements. Street A will provide a connection and access to Ipava Avenue that aligns with the northerly driveway entrance to the Lakeville North High School stadium/Ames Ice Arena parking lot. The existing Ipava Avenue parkway section is constructed to provide a full access intersection at Street A. Prior to City Council consideration, the preliminary plat plans must be revised to show the west end of Street A terminating in a permanent cul-de-sac. Street B Street B is designed as a public 32 -foot wide two-lane undivided urban roadway with a 60 foot wide right-of-way that terminates in a temporary cul-de-sac. The cul-de- sac is designed as a 45 -foot radius within a temporary easement. Street B will be extended when the adjacent property to the southeast develops. Ghost Plat The preliminary plat includes a ghost plat for the exception parcels. The ghost plat consists of 23 single-family homes. The ghost plat incorporates a conceptual layout of the possible redevelopment of the parcels that provides a future additional access to Ipava Avenue. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction shall be at Street A via Ipava Avenue, by way of Kenwood Trail. KYLA CROSSING JANUARY 3, 2014 PAGE 5 OF 10 PARKS, TRAILS AND SIDEWALKS Development of Kyla Crossing includes the construction of public sidewalks. 5 -foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along the east side of Street B and the south side of Street A. The developer shall also replace the pedestrian curb ramps along Ipava Avenue at Street A. The City's Comprehensive Trail System Plan identifies a 10 -foot wide bituminous trail along the north side of Kenwood Trail. The Developer shall submit a cash escrow for 5/8's of the future trail construction cost. The cash escrow, based on an estimate provided by the Developer's engineer, shall be submittett at the time of final plat. The trail will be constructed at the time Kenwood Trail is reconstructed to a four - lane divided roadway. The Developer shall extend the sidewalk along Street A to the plat boundary to provide for a connection to the future trail along Kenwood Trail. The Park Dedication Fee has not been collected on the parent parcels and shall be paid at the time of final plat. UTILITIES SANITARY SEWER Kyla Crossing is located within subdistricts ML -70000 and ML -70215 of the Marion Lake sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed subdivision. Development of Kyla Crossing includes the extension of sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision from an existing 8 -inch sanitary sewer stub to provide sanitary sewer service. The sanitary sewer stub is located within Ipava Avenue right-of-way, at the intersection of Street A. The City's Comprehensive Sewer Plan does not identify any trunk sanitary sewer improvements within the proposed plat. Any existing sanitary sewer service that is to be permanently abandoned must first be televised for evidence of inflow and infiltration. If the City's review of the televising suggests no inflow and infiltration, the sanitary sewer service may be abandoned in place. If the City's review of the televising suggests any inflow and infiltration, the sanitary sewer service must be plugged at the main by inserting a plug at the wye per the manufacturer's recommendations. In addition, any existing sanitary sewer service disturbed during water service abandoning must also be plugged. GPS coordinates must be provided per Lakeville Standard Plate LV -ST -12. All sanitary sewer service abandonment/removal work must be inspected by the City's Utility Department. KYLA CROSSING JANUARY 3, 2014 PAGE 6 OF 10 The Lateral Sanitary Sewer Access Charge is due for the lateral portion of the 27 - inch sanitary sewer within Kenwood Trail right-of-way and shall be paid at the time of final plat. Two of the parent parcels (PID No. 22-11500-181-05 and 22-44900-05- 282) were previously assessed for 600 feet when the property connected to City sewer. These assessments have been paid. The Lateral Sanitary Sewer Access Charge is based on the total frontage of the plat adjacent to Kenwood Trail and is estimated as follows: • Front Footage along Kenwood Trail 960.00 f.f. • Less Front Footage previously assessed -(600.00 f.f.) • Total Front Footage to be collected 360.00 f.f. at the time of final plat The Lateral Sanitary Sewer Access Charge is due for the lateral portion of the 8 -inch sanitary sewer within Ipava Avenue right-of-way and shall be paid at the time of final plat. The Lateral Sanitary Sewer Access Charge is calculated based on the total frontage of the plat adjacent to Ipava Avenue and is estimated as follows: • Front Footage along Ipava Avenue 588.13 f.f. • Total Front Footage to be collected 588.13 f.f. at the time of final plat WATERMAIN Development of Kyla Crossing includes the extension of watermain. 8 -inch watermain will be extended within the subdivision from an existing 8 -inch watermain stub to provide water service to the subdivision. The watermain stub is located within Ipava Avenue right-of-way, at the intersection of Street A. The City's Comprehensive Water Plan does not identify any trunk watermain improvements within the proposed plat. Any existing water service that is to be permanently abandoned shall be capped at the property line. In addition, the curb box & stop and stationary rod must be removed to the curb stop valve. The remaining portion of the water service will be removed in conjunction with the planned reconstruction of Kenwood Trail. GPS coordinates must be provided per Lakeville Standard Plate LV -ST -12. For all existing water services that are to be permanently abandoned, a fee of $1000/abandoned service shall be paid at the time of final plat to the City for future maintenance related to the abandoned service repairs. All water service abandonment/removal work must be inspected by the City's Utility Department. The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. The Lateral Watermain Access Charge is due for the lateral portion of the 16 -inch watermain within Kenwood Trail right-of-way and shall be paid at the time of final KYLA CROSSING JANUARY 3, 2014 PAGE 7 OF 10 plat. Two of the parent parcels (PID No. 22-11500-05-181 and 22-44900-05-282) were previously assessed for 600 feet when the property connected to City water. These assessments have been paid. The Lateral Watermain Access Charge is based on the total frontage of the plat adjacent to Kenwood Trail and is estimated as follows: • Front Footage along Kenwood Trail 960.00 f.f. • Less Front Footage previously assessed - (600.00 fn • Total Front Footage to be collected 360.00 f.f. at the time of final plat The Lateral Watermain Access Charge is due for the lateral portion of the 12 -inch watermain within Ipava Avenue right-of-way and shall be paid at the time of final plat. The Lateral Watermain Access Charge is calculated based on the total frontage of the plat adjacent to Ipava Avenue and is estimated as follows: • Front Footage along Ipava Avenue 588.13 f.f. • Total Front Footage to be collected 588.13 f.f. at the time of final plat OVERHEAD LINES Consistent with the City's Right -of -Way Management Ordinance, the Developer shall remove the existing overhead utility lines and utility poles that serve the existing homestead. A security shall be submitted at the time of final plat to ensure that the overhead lines and poles are removed. DRAINAGE AND GRADING Kyla Crossing is located primarily within subdistrict SC -56 of the South Creek drainage district as identified in the City's Water Resources Management Plan. A small section of the site, the northwest corner, is located within subdistrict ML -51B of the Marion Lake drainage district. The City's Plan does not identify any trunk storm sewer improvements within the proposed plat. Development of Kyla Crossing includes the construction of three stormwater management basins. The stormwater basins will be located within Outlots B, C, and D and an infiltration basin will be located within Outlot D. Outlots A, B, C, and D will be conveyed to the City by deed with the final plat. The stormwater basin design includes an aquatic safety bench and a skimming device designed for the 10 -year event, consistent with City requirements. The infiltration basin is designed to infiltrate 11/2 -inch of runoff from all newly created impervious surface area within 72 hours, reducing the thermal impacts of the new impervious surface. The infiltration basin is consistent with the requirements of the KYLA CROSSING JANUARY 3, 2014 PAGE 8 OF 10 City's South Creek Management Plan. Following the final grading and stabilization of the development, the developer shall excavate the infiltration basin down to a consistent layer of sand to improve the functionality of the basin. The Developer shall backfill the infiltration basin with at least three feet of a sand/compost mixture that is consistent with the City of Lakeville standard plate LV -STM -28. The majority of runoff generated from within the site will be collected via storm sewer and conveyed to the infiltration basin located within Outlot D. Pre-treatment will be obtained via a wet sedimentation pond before outletting to the infiltration basin. Runoff from the stormwater basins will be treated and ultimately released into an existing public storm sewer system, eventually discharging to regional stormwater basin SC -56-1. The Developer proposes to obtain a temporary grading easement from the owner of 9805 Iteri Ct E. This easement will allow for the grading of a 3:1 rear yard slope behind Lots 14-18, Block 1 in lieu of a retaining wall. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. The Kyla Crossing site contains approximately 15 acres. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of Kyla Crossing includes the construction of public storm sewer systems. The City's Water Resources Management Plan does not identify any trunk storm sewer improvements within the proposed plat. The public storm sewer consists primarily of five storm sewer systems and outlet piping for the stormwater management basins. The storm sewer systems will collect runoff generated within the rights-of-way of Streets A and B, and convey it to the stormwater basins located within Outlots B, C, and D. Existing storm sewer located at the low point near the northwest corner of the proposed plat collects off-site runoff from north of the proposed plat and conveys it to an existing storm sewer system within Kenwood Trail. Final storm sewer locations and sizes shall be reviewed by City staff with the final construction plans. Draintile construction is required within Kyla Crossing for the street sub -cuts and for all lots with rear yard elevations higher than the front yard elevations. Any additional draintile construction, including perimeter draintile KYLA CROSSING JAWARY 3, 2014 PAGE 9 OF 10 required for building footings, which is deemed necessary during construction, shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be paid at the time of final plat. RESIDENTIAL BUFFER YARD REQUIREMENTS Kenwood Trail is an arterial roadway and Ipava Avenue is a major collector as identified in the City's Transportation Plan. A buffer yard screen containing a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent to Kenwood Trail and Ipava Avenue. WETLANDS The wetland delineation for the site was conducted on 9/24/2013 by Arrowhead Environmental Consulting and two wetlands were identified within the project boundaries. The Notice of Application was sent out November 1, 2013. No comments were received during the comment period. Based on the information provided in the report dated October 11, 2013 and site visit, the wetland delineation for the area outlined in the report has been determined to be acceptable for use in implementing the Wetland Conservation Act. The wetland delineation was approved December 4, 2013. The replacement plan for the site identifies impacts to Wetland 1, totaling 0.08 acres. The developer will be purchasing 0.16 acres of wetland credits from a wetland bank in service area #8 as there are no credits available in Dakota County. No wetland impacts can take place until the wetland replacement plan is approved and confirmation from BWSR that the wetland bank credits have been purchased and withdrawn. It is the applicant's responsibility to obtain proper wetland approvals from the U.S. Army Corps of Engineers. TREE PRESERVATION A tree preservation plan was completed for Kyla Crossing. The plan identifies a total of 164 significant trees within the site. The plan proposes to save 118 (72%) trees on the site. KYLA CROSSING JANUARY 3, 2014 PAGE 10 OF 10 EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single gravel construction entrance is indicated on the erosion control notes. • A seed/mulch specification that meets City requirements. • All 3:1 slopes seeded and stabilized with fiber blanket. • Phased construction to minimized soil loss. • Inlet protection is included in the plans. Wimco Road Drain or equivalent will be used on all street catch basins and Royal Infra -safe or equivalent will be used for all rear lot catch basins. • The NPDES requirements are included in the plan set. Additional erosion control measures may be required during construction as deemed necessary by City staff. Additional measures shall be installed and maintained by the developer. The streets must be cleared of debris at the end of each day. Street sweeping must be done weekly or more often as needed. All streets must be maintained to provide safe driving conditions. Heavy-duty silt fence must be installed and maintained along all wetland boundaries. RECOMMENDATION Engineering recommends approval of the preliminary plat, grading plan, utility plan and tree preservation plan for Kyla Crossing, subject to the requirements and stipulations within this report and the following: • Prior to City Council consideration of the preliminary plat, revised plans detailing the plan changes along Street A shall be submitted to the City. Approval shall also be subject to the comments of the City Administrator, Planning Director and City Attorney.