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HomeMy WebLinkAbout01-09-14CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES January 9, 2014 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, Linda Maguire, Vice Chair Bob Boerschel, Chair Brooks Lillehei, Paul Reuvers, Gerry Grenz, Karl Drotning, and Ex- officio Shawn Fitzhenry Members Absent: None Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Mark Hansen, Assistant City Engineer; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The December 5, 2013 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following was handed out at tonight's meeting: A. Draft motions of the January 8, 2014 Parks, Recreation and Natural Resources meeting regarding the Summerlyn North and Kyla Crossing preliminary plats. B. Revised Kyla Crossing preliminary plat that illustrates Street A ending in a cul -de- sac adjacent to Kenwood Trail (CSAH 50) rather than connecting to Kenwood Trail (CSAH 50). Mr. Morey stated that if tonight's agenda items are not tabled, the January 23 Planning Commission meeting will be cancelled due to lack of agenda items. The next Planning Commission meeting is scheduled for February 6, 2014. 5. Summerlyn North Chair Lillehei opened the public hearing to consider the application of Shamrock Development for the preliminary plat of 62 single family residential lots to be known as Summerlyn North, located south of 190 Street and west of Holyoke Avenue. Jim Stanton, President of Shamrock Development, presented an overview of his request. Mr. Stanton expressed concern with the wording in the engineering report dated January 2, 2014 that gives the impression that he would be responsible for financing the reconstruction of Holyoke Avenue, whether it be a "T" intersection or a Planning Commission Meeting Minutes, January 9, 2014 Page 2 roundabout at the 190 Street intersection. He indicated that he can discuss this issue with engineering staff. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Summerlyn North is located north of Summerlyn 1 St Addition and the preliminary plat of Summerlyn North will include a small portion of Outlot G, Summerlyn 1 st Addition. Mr. Dempsey pointed out the adjacent land uses, including the recently platted developments of Chokecherry Hill, Crescent Ridge and Summerlyn 1 St Addition. Mr. Dempsey stated that the Summerlyn North preliminary plat proposes five outlots, with Outlots A, B, and C being deeded to the City. Outlot D will be retained by the developer for a subdivision monument sign and Outlot E will be retained by the developer for future development. Mr. Dempsey reviewed setbacks, buffer yard screening and landscaping, streets, easements, park dedication and trails, which are all described in detail in the January 3, 2014 planning report. Mr. Dempsey mentioned that Exhibit L in the planning report represents an overall plat map of the area that includes the combined areas of Summerlyn 1St, 2 nd and future additions being developed by Lennar, and Summerlyn North and the Chokecherry Hill 1 St and 2 nd Additions. Mr. Dempsey stated that Planning Department staff recommends approval of the Summerlyn North preliminary plat subject to the 9 stipulations listed in the January 3, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Reuvers, seconded by Drotning to close the public hearing at 6:10 p.m. Ayes: Swenson, Maguire, Boerschel, Lillehei, Reuvers, Grenz, Drotning Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Reuvers asked staff to clarify Mr. Stanton's statement regarding the Holyoke Avenue reconstruction. Mr. Morey indicated that the engineering memo will be revised to clarify that the developer is only responsible for the west half of Holyoke Avenue directly abutting the Summerlyn North preliminary plat. • Commissioner Grenz asked about the length of the 191 Court cul -de -sac street. Mr. Dempsey indicated that it is less than the maximum allowed 600 feet. Planning Commission Meeting Minutes, January 9, 2014 Page 3 • Mr. Dempsey confirmed that Lot 7, Block 1 and Lots 1 and 12, Block 4 will incorporate small portions of Outlot G, Summerlyn 1 St Addition into the Summerlyn North preliminary plat, which is consistent with the Summerlyn preliminary plat layout. • Commissioner Boerschel asked about the responsibility of the developer concerning the greenway corridor. Mr. Morey stated that the greenway corridor will include the construction of an eight foot wide bituminous trail within Outlots A and E as shown on the Summerlyn North preliminary plat plans. • Commissioner Boerschel asked if the greenway corridor trail will be paved at this time. Mr. Morey stated that has not yet been determined and that the timing of the greenway corridor trail paving will be addressed with the Summerlyn North final plat. • Commissioner Swenson asked about the temporary pond in the southwest corner of the plat. Mr. Hanson stated this stormwater pond will be temporary until the property to the south is developed and permanent ponding is constructed. • Commissioner Drotning asked about the timing of improvements to 190 Street. Mr. Hanson stated that staff is working with the property owners in the area on design options for the 190 Street/Holyoke Avenue intersection and will present those options to the City Council at a work session later this month. He indicated that turn lanes on Dodd Boulevard (CSAH 9) at 190 Street are required by Dakota County. 190 Street will be improved to an urban section from Dodd Boulevard to the east Summerlyn North plat boundary this year. • Commissioner Drotning stressed that the transportation issues in this area need to be addressed. Mr. Morey stated that the Holyoke /Highview Avenue and 190 Street curve alignment is being studied by an engineering consulting firm hired by the City. Traffic safety will be addressed by the study. Mr. Morey indicated that there are multiple property owners in this area that need to be involved in the intersection improvement decision making process. He pointed out that the properties along 190 Street east of the Crescent Ridge development are outside the MUSA and that portion of 190 Street will likely remain a rural section for several years. He further stated that the upgrade of Dodd Boulevard to an urban section in the area of the 190 Street intersection is planned for 2018 in both the City and County CIPs. Mr. Morey explained that the timing of the Dodd Boulevard improvements will likely be reevaluated by the City this year as part of the annual review of the CIP in light of the tragic accident that occurred on Dodd Boulevard in this area in December. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of the Summerlyn North preliminary plat of 62 single family residential lots, located south of 190 Street and west of Holyoke Avenue, subject to the following 9 stipulations: Planning Commission Meeting Minutes, January 9, 2014 Page 4 1. Implementation of the recommendations listed in the January 2, 2014 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Outlots A, B and C shall be deeded to the City with the final plat. 4. All structures shall meet the following minimum single family residential setback requirements: RS -3 District Front Yard — 30 feet Rear Yard — 30 feet Rear Buffer — 50 feet Side Yards: Interior —10 feet Corner — 20 feet Buffer — 30 feet 5. The developer shall construct sidewalks on one side of all local streets within the subdivision except 191 Court. 6. The developer shall construct an eight foot wide bituminous greenway corridor trail through Outlot E as shown on the preliminary plat plans. 7. Buffer yard landscaping shall be installed according to the approved landscape plan. 8. The side yard of Lot 1, Block 1 along 190 Street and the rear yards of Lots 1 -6 and 26 and 27, Block 3 along Holyoke Avenue shall be sodded to the rear property lines. A $1,000 cash escrow must be submitted with the building permit application for each lot to guarantee installation of the rear yard sod. 9. Any subdivision monument sign is required to be placed in a separate outlot owned and maintained by a homeowners association. Ayes: Maguire, Boerschei, Lillehei, Reuvers, Grenz, Drotning, Swenson Nays: 0 6. Kyla Crossing Chair Lillehei opened the public hearing to consider the application of CNC Development for the following, located north of Kenwood Trail (County Road 50) and west of Ipava Avenue: A. Preliminary plat of 40 single family residential lots to be known as Kyla Crossing. B. Variance for buffer yard lot depth, lot width, and rear yard setback. Bill Ryan from CNC Development presented an overview of the request. Rick Osberg from James R. Hill was also present. Associate Planner Kris Jenson presented the planning report. Ms. Jenson indicated that there are seven outlots proposed in the Kyla Crossing preliminary plat. Outlots A, B, C, and D will be deeded to the City. Outlot E will be retained by the developer for future development. Outlots F and G will be acquired by Dakota County for Planning Commission Meeting Minutes, January 9, 2014 Page S future right -of -way for County Road 50. She indicated that due to the change to Street A to terminate in a cul -de -sac, the plans will be modified and Outlots F and G will be combined. Ms. Jenson indicated that the revised preliminary plat with Street A terminating in a cul -de -sac will prevent cut - through traffic between Ipava Avenue and Kenwood Trail (CSAH 50) bypassing the traffic signal at that intersection. Ms. Jenson indicated that the entire set of preliminary plat plans will be updated to show the cul -de -sac prior to City Council review. Ms. Jenson stated that the developer has submitted a ghost plat which shows single family lots and the future extension of roads to the southeast on the adjacent Warweg property. She stressed that the adjacent property does not have to be developed as shown on the ghost plat. Ms. Jenson reviewed the lot sizes, setbacks, buffer yard requirements, streets, tree preservation, wetlands, and sidewalks /trails, which are described in detail in the January 2, 2014 planning report. Regarding the variance request, Ms. Jenson stated that due to the Dakota County Plat Commission informing staff and the developer at their November 18, 2013 meeting that an additional 31 feet of right -of -way will be needed to meet the 150 foot right -of -way needs for Kenwood Trail (CSAH 50), the number of lots proposed on the original plan design has been reduced from 43 to 40. She indicated that on the original application, there were no variances requested, but due to the County's right -of -way needs, a request has been made for variances on seven lots. Ms. Jenson reviewed the specific criteria, specifically the "practical difficulties" referred to in the Zoning Ordinance that must be met for a variance request. Staff's review finds that this request meets the criteria and therefore recommends approval of the variance as presented. Ms. Jenson stated that after discussions with some of the Planning Commission members prior to tonight's meeting, staff contacted Dakota County Transportation staff, who also are members of the Dakota County Plat Commission, to propose that the additional 31 feet of requested right -of -way be satisfied by 16 feet of right -of -way and a 15 foot wide trail easement, which would eliminate the request for a variance on all but one of the lots within the plat. Ms. Jenson stated that Planning Department staff recommends approval of the Kyla Crossing preliminary plat and variance subject to the 14 stipulations listed in the January 2, 2014 planning report. There was some discussion among the Planning Commission about the variance request prior to the public hearing being opened for public comment. Chair Lillehei asked Mr. Osberg if eliminating the variances entirely would be possible under the right -of- way /trail easement scenario described by Ms. Jenson. Mr. Osberg stated he understands that the Planning Commission would like to eliminate the variances and that he would explore this possibility prior to City Council action on the preliminary plat. Planning Commission Meeting Minutes, January 9, 2014 Page 6 Chair Lillehei opened the hearing to the public for comment. Gary Grassle, 19660 Ireland Way (in the Paradise Hills development) Concerns of Mr. Grassle: ➢ Would like more time for a financial impact study to be done on the proposed development. What effect will the homes to be constructed in Kyla Crossing have on the value of their homes? ➢ He noticed that there would be about twice as many homes to the rear of the homes currently in Paradise Hills and asked about the types and prices of homes that will be built in Kyla Crossing. ➢ He stated that Alyssa Ettl was his niece and he thanked the Planning Director for his earlier comment that the City will review the timing of improvements to Dodd Boulevard in light of this tragic accident. Mark Schultz, 19659 Ireland Way Concerns of Mr. Schultz: ➢ A retaining wall was proposed to be constructed with the previous preliminary plat application that had been considered several years ago because of the elevation difference behind the lots on his block. He would like to know how the elevation difference is proposed to be handled with this preliminary plat. Reid Hansen, Attorney representing George Warweg Concerns of Mr. Hansen /Mr. Warweg: ➢ Mr. Warweg owns the property that is shown on the ghost plat. Mr. Warweg wants to be sure that he can still develop multi - family residential on his property and that he will have an access from his property onto Ipava Avenue. Motion was made by Drotning, seconded by Maguire to close the public hearing at 6:59 p.m. Ayes: Boerschel, Lillehei, Reuvers, Grenz, Drotning, Swenson, Maguire Nays: 0 Chair Lillehei asked for comments from the Planning Commission regarding the variance request first. Discussion points included: The Planning Commission questioned whether they could make a recommendation on the preliminary plat since it is unknown if the Dakota County Plat Commission will accept Planning Department staff's proposed right -of- way /trail easement split for the additional 31 feet required for Kenwood Trail and the affect this would have on the requested variance. Mr. Morey stated that due to the discussions that staff had with members of the Plat Commission earlier today, staff was confident that the Plat Commission is open to the option that Ms. Jenson described in her presentation. He Planning Commission Meeting Minutes, January 9, 2014 Page 7 indicated that this option is consistent with what is currently being proposed by Dakota County staff with a similar situation along Dodd Boulevard (CSAH 9). Mr. Morey stated that this should not prevent the Planning Commission from making a recommendation tonight on the preliminary plat and variance applications. There is time between tonight's meeting and the City Council meeting on January 21 to work with Dakota County and the developer on this option. • There was discussion amongst some of the Planning Commission members who felt that the variance is not needed. They indicated due to the fact that this is undeveloped land, it would be hard to justify the variance other than for economic reasons. • In response to Mr. Hanson's comments, Mr. Morey clarified that the temporary cul -de -sac proposed with Kyla Crossing would be extended to Ipava Avenue through Mr. Warweg's property when the Warweg property develops. He further stated that the Warweg property is not obligated to follow the land use and subdivision design shown on the ghost plat. • The time line for action on the preliminary plat and variance was discussed. Mr. Ryan indicated that he is scheduled to close on the property at the end of January. • Mr. Morey explained to the Planning Commission that the variances would have been for lot depth and buffer yard setbacks that abut Kenwood Trail and lot width for Lot 1, Block 1 and Lot 1, Block 2 that abut Ipava Avenue. He indicated that given the discussion with Planning Commission members prior to tonight's meeting, staff has tried to find a solution to eliminate the variances. Mr. Morey stated that staff, the developer, and the Planning Commission are looking for a good outcome and he is confident that the Plat Commission will accept staffs right -of- way /trail easement option. • Mr. Morey appreciated that Mr. Ryan and Mr. Osberg have gone above and beyond to achieve a good outcome for their development given the additional right -of -way requirement presented to them by Dakota County. He requested that the Planning Commission make a recommendation on the preliminary plat and variance applications at tonight's meeting. • The Planning Commission appreciated all the work that staff, the developer and his engineer have put forth on this project to try to achieve a good outcome. • Regarding the concerns of the neighbors and public, City Attorney Knutson stated that the financial impact of the proposed development on adjacent neighborhoods is not a requirement of the Zoning and Subdivision ordinances that the Planning Commission considers in its review. Chair Lillehei explained that the Planning Commission reviews the plat to determine if it meets Zoning and Subdivision ordinance requirements, which do not include financial impacts on adjacent properties. • Mr. Osberg provided an overview as to why retaining walls are not needed for the proposed lots in Kyla Crossing that abut the Paradise Hills neighborhood. He indicated that the design of the preliminary plat has been revised to eliminate the need for retaining walls. All slopes will meet the City's maximum requirement of 3:1. Planning Commission Meeting Minutes, January 9, 2014 Page 8 Commissioner Grenz questioned whether a sound wall should be considered for the homes proposed to be built along County Road 50 due to the statement in the Dakota County Plat Commission's letter dated November 25, 2013. Mr. Morey indicated that this has been standard wording in Plat Commission letters for many years. Lakeville's response approximately 15 years ago was to adopt buffer yard requirements in the Subdivision and Zoning ordinances for lots abutting higher classification roads. Staff does not feel a noise wall is necessary for this subdivision. Commissioner Drotning asked Ms. Jenson to clarify the outline of the boundaries of the Warweg property in relation to Kyla Crossing and the three existing single family homes that front County Road 50. Mr. Morey stated that Dakota County has determined that the three lane design of County Road 50 will not be sufficient to accommodate future traffic volumes and the upgrade to County Road 50 is identified as a 2017 project in both the County's and City's CIPs. Given the additional right -of -way that is needed on the northeast side of County Road 50, those three single family homes would most likely have to be removed to accommodate the street improvements. Motion was made by Drotning, seconded by Grenz to recommend to City Council approval of the Kyla Crossing variance for buffer yard lot depth, lot width, and rear yard setback. Ayes: Drotning, Swenson Nays: Lillehei, Reuvers, Grenz, Maguire, Boerschel They all felt that the variance was exclusively for economic reasons. Commissioner Reuvers and Chair Lillehei appreciated the developer and staff working with the Dakota County Plat Commission to find a solution that works for all parties. The Planning Commission agreed that, given their recommendation on the variance, their motion on the preliminary plat must include a stipulation that all lots meet Zoning Ordinance requirements without the need for a variance. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the Kyla Crossing preliminary plat of 40 single family residential lots, subject to the following 14 stipulations, as amended: 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 lots shall meet the minimum lot requirements of the RST -2 District. All houses shall meet the minimum setback requirements of the RST -2 District, as indicated below: Planning Commission Meeting Minutes, January 9, 2014 Page 9 RST -2 District 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 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. 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. Ayes: Reuvers, Grenz, Drotning, Swenson, Maguire, Boerschel, Lillehei Nays: 0 Mr. Ryan thanked City staff for their efforts on this project and the Planning Commission for their willingness to move their applications forward this evening. There being no further business, the meeting was adjourned at 7:43 p.m. Respectfully submitted, (j \ J Penny Brevi , Recording Secrets Planning Commission Meeting Minutes, January 9, 2014 ATTEST: a � � Brooks Lillehei, Chair Page 10