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Home My WebLink AboutItem 07 2  Planning Commission Meeting Minutes, April 24, 2014 Page 4 7. Park dedication requirements shall be satisfied as a cash fee in lieu of land in the amount of $94,500, which was calculated based on the formula established by the Spirit of Brandtjen Farm Master PUD Development Agreement, minus any outstanding credits due from previous additions. 8. Lot 22, Block 1 and Lot 22, Block 2 shall be deemed unbuildable and not eligible for any accessory use or issuance of a building permit for any accessory structures except for landscaping and essential services. 9. All drainage and utility easements shall be subject to review and approval of the City Engineer. 10. All grading, drainage and erosion control plans shall be subject to review and approval of the City Engineer. 11. All utility plans shall be subject to review and approval of the City Engineer. 12. Documents including the Diamonte at Spirit of Brandtjen Farm final plat as part of the SBF Master Homeowners Association are required and are subject to review and approval by the City Attorney. 13. The applicant shall enter into a development agreement with the City as drafted by City Attorney and subject to approval of the City Council. Ayes: Blee, Lillehei, Reuvers, Swenson, Drotning, Maguire. Nays: 0 6. Silvarum Chair Lillehei opened the public hearing to consider the application of Encore Development for the following, located north of 167th Street, between Judicial Road and Linch Path: A. Preliminary plat of 8 single family residential lots to be known as Silvarum B. Vacation of public street right-of-way David Zweber from Encore Development presented a brief overview of their request. Mr. Zweber stated that Terry Wensmann and Kelly Murray-Johnson, who also represent Wensmann Custom Homes, were also in attendance, along with Nick Polta of Pioneer Engineering. Mr. Zweber stated that the Silvarum plat is on a 4.5 acre wooded site. They are proposing eight large wooded lots that will each be custom graded. Mr. Zweber thanked City staff for their help on this project. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that there is one existing home and one outbuilding on the subject property which will be removed when the site is developed. The existing well and septic system shall be abandoned according to state and local requirements. Ms. Jenson stated that the lots in the Silvarum preliminary plat meet the lot area and width requirements of the RS-1 District. Planning Commission Meeting Minutes, April 24, 2014 Page 5 Ms. Jenson indicated that there is one outlot in the Silvarum preliminary plat which consists of a stormwater management basin that will be deeded to the City with the final plat. Ms. Jenson stated that Judicial Road is a minor collector. Judicial Road is a rural paved section of road and requires a total of 66 feet of right-of-way. No additional right-of-way is needed. 167th Street is located south and immediately adjacent to the proposed plat. 167th Street is a local residential street that is a paved urban section. Ms. Jenson indicated that an additional 0.05 acres of ROW for 167 th Street will be dedicated with the Silvarum plat. Linch Path is an existing gravel road on the west side of the proposed plat. The Silvarum plat will dedicate 0.3 acres along the west boundary so that Linch Path will be centered within the required 60 foot ROW. Linch Path will be constructed as a paved street with an urban design for the segment abutting the Silvarum plat. The west side of Linch Path will be a paved rural section. Ms. Jenson stated that all streets will meet the minimum width and design standards of the Subdivision Ordinance. Ms. Jenson indicated that 68% of the significant trees on the site are proposed to be saved. A tree preservation plan and a tree inventory were submitted by the developer as required by the Subdivision Ordinance. Ms. Jenson stated that a neighborhood meeting was held on February 27, 2014. Approximately 17 residents attended with their primary concerns being the number of homes proposed for the site, the impact this development will have on the neighborhood, traffic on Judicial Road, and the proposed improvements to Linch Path. City Staff received several e-mails this week from neighboring residents concerned about the proposed Silvarum development. These e-mails have been distributed to the Planning Commission and have been accepted into the public record. Ms. Jenson stated that a small portion of the existing 167 th Street right of way is requested to be vacated due to the developer platting an additional 0.3 acres of right of way for Linch Path so that the existing street will be centered within the right of way. Therefore, the area proposed to be vacated is no longer needed as right of way. Ms. Jenson stated that staff recommends approval of the Silvarum preliminary plat and right-of-way vacation, subject to the 10 stipulations listed in the April 18, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. The following people from the audience had comments: Mike Gillen, 16600 Judicial Road Eric Lund, 16563 Judicial Road Planning Commission Meeting Minutes, April 24, 2014 Page 6 Jeff Hurinenko, 12408 – 167th Street Matthew Wood, 12450 – 167th Street Barb Schiroo, 12372 – 167th Street Brian and Stephanie McDonald, 12390 – 167th Street Michael and Karen Jackson, 16562 Linch Path Their comments and concerns included:  Supportive of the development of the property, but not for eight lots.  The small lot sizes do not fit the existing character of the neighborhood.  Concerned about traffic and pedestrian safety on Judicial Road.  Cited accidents and poor sight lines on Judicial Road.  Opposed to having 4 driveways onto Judicial Road.  The speed limit on Judicial Road should be reduced.  The buckthorn on both sides of Judicial Road adjacent to the property reduces traffic visibility.  There should be fewer lots with driveway access only onto 167 th Street similar to the Orchard Hills 2nd Addition development to the south.  The previous tenant of this property pumped the septic tank out onto the lawn. It was also thought that the former tenant burned plastics so they were concerned about chemicals draining into the adjacent ponds.  The proposed tree preservation efforts are not as extensive as they were when their lots to the south were platted.  Cited a similar development proposal by Pietsch Builders’ that was turned down by the City.  Questioned the status of the regional bike path proposed adjacent to the property along 167th Street.  Concern that the storm water drainage for the Silvarum plat will negatively affect their adjacent properties.  One resident stated that the Silvarum preliminary plat application is not complete because it is missing information.  The same resident stated that he should have gotten a copy of the planning and engineering reports, like the Planning Commission did.  Concerned about soil erosion due to the proposed development.  Linch Path is unsafe because it is a narrow, gravel roadway with a hill and an inadequate turnaround area.  After the neighborhood meeting, the residents never received additional information from the developer, as they were promised. Motion was made by Blee, seconded by Reuvers to close the public hearing at 7:06 p.m. Ayes: Lillehei, Reuvers, Swenson, Drotning, Maguire, Blee. Nays: 0 Chair Lillehei asked Mr. Zweber if they had looked at other layouts for their plat. Mr. Zweber stated that they had looked at several different layouts but they did not fit as Planning Commission Meeting Minutes, April 24, 2014 Page 7 well with the topography and would have resulted in a greater amount of tree removal. An option using a cul-de-sac did not work with the topography would have required removal of almost all of the trees. Mr. Zweber commented that each one of the driveways onto Judicial Road will have a hammerhead so that the homeowners would not have to back out onto Judicial Road. Also, a lot of the buckthorn on their property would be removed to provide clear visibility at the driveway access to Judicial Road. Chair Lillehei asked Officer Stevens to comment on traffic safety for Judicial Road. Officer Stevens stated that the Police Department has received a couple of complaints about the school bus stop where vehicles would drive right past even though the bus stop arms were extended. He indicated that there are yellow speed advisory signs in the area but they are not enforceable. Officer Stevens stated that he asked Police Department staff to check the records from the past couple years for Judicial Road in this area. In 2012 they received one call reporting a vehicle in the ditch. In 2013, there were no calls for Judicial Road. In early April of this year, one call was received about a vehicle in the ditch. Due to comments being made by residents in the audience, Mr. Morey reminded the Planning Commission and those in attendance that the public hearing is closed and there should be no back and forth discussions between the audience and the Planning Commission unless allowed by the Chair to speak at the podium and into the microphone. Regarding the buckthorn, Mr. Morey stated that if the buckthorn is in the public right- of-way, it would be the City’s responsibility to remove. If the buckthorn is on private property, it is the property owner’s responsibility. The developer has previously stated that they will remove the buckthorn along Judicial Road on their property. Regarding the character of the neighborhood, Chair Lillehei asked if the lots have to be larger than a certain size. Ms. Jenson indicated that the Zoning Ordinance establishes a minimum required lot size. The lots in Silvarum meet the minimum lot size requirement for the RS-1 District. She commented that the RS-1 District has the largest minimum lot size requirements of the City’s single family residential zoning districts. Alex Jordan explained that Linch Path is an existing gravel road. The Silvarum plat will dedicate 0.3 acres so that Linch Path will be centered within the required 60 foot right-of-way. He indicated that the east side will be urbanized with curb and gutter and the road will be paved up to the northern boundary of the Silvarum plat. Chair Lillehei asked about the proposed drainage and rain gardens. Nick Polta from Pioneer Engineering responded. Mr. Polta explained that the Silvarum development includes construction of one stormwater management basin, one public Planning Commission Meeting Minutes, April 24, 2014 Page 8 infiltration/filtration basin and four privately owned and maintained rain garden basins to treat stormwater runoff. Ms. Jenson stated the tree preservation plan indicates that the lots will be custom graded. Therefore, there will be flexibility for house placement on each lot that can take into account the preservation of significant trees. A custom grading and tree preservation plan will be required for each lot. Ms. Jenson stated that the Subdivision Ordinance requires the preparation of a tree preservation plan for preliminary plats that identifies the significant trees proposed to be removed and saved. If a tree is identified as being saved and that tree is removed, it must be replaced at a 2:1 ratio. Commissioner Drotning commented that trees are an amenity for future home buyers so it is in the developer’s best interest to save as many as possible. Commissioner Maguire asked if, for safety reasons, the speed limits on Judicial Road could be reviewed. Mr. Jordan stated that the City does not set the speed limits. In order to reduce the speed limit on Judicial Road, MnDot would conduct a study and either reduce, maintain, or raise the speed limit based upon the findings of their study. Mr. Jordan indicated that Judicial Road is a minor collector roadway and direct driveway access is allowed by ordinance. Ms. Jenson stated that the previous development proposal for this site by Pietsch Builders was a sketch plan that was withdrawn by the developer, not denied by the City. Ms. Jenson stated that the Silvarum development does not include the construction of public sidewalks or trails. The City of Lakeville’s Parks, Trails, and Open Space Plan identifies a Potential Regional Greenway Corridor along 167th Street, but the construction of the trail along 167th Street is unlikely because the railroad line identified as a future trail corridor remains in private ownership by CP Rail. The Parks, Trails and Open Space Plan is currently being updated and will likely include this revision. City Attorney Roger Knutson responded to the concerns about the preliminary plat being out of character with the surrounding neighborhood. He stated that the Planning Commission must review the preliminary plat based upon whether or not it meets City ordinance requirements, which are objective standards. The character of the neighborhood is established by the land use component of the Comprehensive Plan. Neighborhood character is not an objective standard and is not supported by the courts. Commissioner Reuvers indicated that City staff and the Planning Commission must decide if the developer has submitted all of the information required by ordinance. This preliminary plat has met the requirements. Planning Commission Meeting Minutes, April 24, 2014 Page 9 Commissioner Swenson expressed his concern regarding privately maintained rain gardens and how some homeowners maintain them and some do not. Ground contamination was discussed. Mr. Zweber stated that whenever a septic tank is removed from a site, there are State regulations regarding soil testing that must be followed. The Planning Commission requested that the following stipulation be added: 11. The driveways for the four lots fronting Judicial Road shall each have a hammerhead turnaround so vehicles can access Judicial Road facing forward. Chair Lillehei commented that change is inevitable in a growing community. He stated that the preliminary plat meets ordinance requirements. He cited the positives associated with the proposed development, including improvements to Linch Path and better site lines on Judicial Road to address traffic safety concerns. Motion was made by Reuvers, seconded by Maguire to recommend to City Council approval of the Silvarum preliminary plat and 167th Street right-of-way vacation, subject to the following stipulations as amended: 1. Implementation of the recommendations listed in the April 18, 2014 engineering report. 2. The recommendation of the Parks, Recreation, and Natural Resources Committee. 3. All new local utilities and any existing overhead service utilities located on the property shall be placed underground. 4. The removal of all structures on the site shall require a demolition permit from the City prior to removal. 5. The existing well(s) and septic system within the plat area shall be abandoned in compliance with state and local requirements. 6. Outlot A shall be deeded to the City with the final plat. 7. Linch Path shall be constructed according to city standards as shown on the approved plans. 8. Any subdivision sign must be located within an outlot owned and maintained by a homeowner’s association. 9. Park dedication shall be satisfied with a cash contribution paid with the final plat. 10. The 167th Street ROW vacation is contingent upon the recording of the Silvarum final plat. 11. The driveways for the four lots fronting Judicial Road shall each have a hammerhead turnaround so vehicles can access Judicial Road facing forward. Ayes: Reuvers, Drotning, Maguire, Blee, Lillehei. Nays: Swenson. Commissioner Swenson supports the use of rain gardens for stormwater treatment, but he does not support privately maintained rain gardens to meet public stormwater goals. 2 3    4 5 RS-1 RA RA RA RS-1RS-1 RS-1 167TH ST W LINCH PATH J U D I C I A L R D J U D I C I A L R D ± EXHIBIT A City of LakevilleLocation and Zoning MapSilvarum Preliminary Platand ROW Vacation Request ± Silvarum Preliminary Plat ROW Vacation J u d i c i a l R o a d 167th Street L i n c h P a t h Silvarum Preliminar y Plat Right-of-Way Vacation City of L akeville Aerial Map EXHIBIT B (TQPV )CTCIGHQWPFCVKQPVQ4Ä1Ä9 *QWUGHQWPFCVKQPVQ4Ä1Ä9 5KFG 4GCT %QTPGT /+0#4'# .16#4'#5( %140'4.16#4'#5( .169+&6* .169+&6* %140'4.169+&6* 5'6$#%-545Ä56#0&#4&5 4')+56'4'&241('55+10#.%+8+.'0)+0''4 24'2#4'&$;2+10''4'0)+0''4+0)2# 4')+56'4'&241('55+10#..#0&5748';14 &'8'.12'4 4')01 ,1*0//1.+0#41 2'6'4,*#9-+0510 4')01 &#8+&<9'$'4 Ä '0%14'&'8'.12/'06 6*564''69'5657+6' #22.'8#..';/+00'516# .1%#6+10/#2 Ä'0)ÄÄ5*''6Ä%184 24'.+/+0#4;2.#6':+56+0)%10&+6+105%18'45*''6+0&': %18'4 5+.8#47/ 24'.+/+0#4;2.#6 .#-'8+..'/+00'516# .')'0& +JGTGD[EGTVKH[VJCVVJKURNCPYCURTGRCTGFD[ OGQTWPFGTO[FKTGEVUWRGTXKUKQPCPFVJCV+ COCFWN[.KEGPUGF2TQHGUUKQPCN'PIKPGGT WPFGTVJGNCYUQHVJG5VCVGQH/KPPGUQVC E 1( ÄÄ $0/ 0COG 4GI0Q&CVG 4GXKUKQPU &CVG &GUKIPGF &TCYP 2KQPGGT'PIKPGGTKPI2# /GPFQVC*GKIJVU/0 'PVGTRTKUG&TKXG Ä (CZÄYYYRKQPGGTGPIEQO .#0&5%#2'#4%*+6'%65.#0&5748';145.#0&2.#00'45%+8+.'0)+0''45 ::Ä::Ä:: ,QJP//QNKPCTQ 5+.8#47/ .#-'8+..'/+00'516# '0%14'&'8'.12/'06 6*564''69'5657+6'0#2$0/ #22.'8#..';/+00'516# ÄÄ%+6;%1//'065 ÄÄ%+6;%1//'065 24'.+/+0#4;)4#&+0)2.#05+6'2.#0 24'.+/+0#4;76+.+6;2.#024'.+/+0#4;'415+10%10641. .#0&5%#2'2.#0)4#&+0)':*+$+6'.64''24'5'48#6+102.#06 E 1 ( 0COG4GI0Q&CVG 4GXKUKQPU & C V G & G U K I P G F & T C Y P 2KQPGGT'PIKPGGTKPI2#/GPFQVC*GKIJVU/0'PVGTRTKUG&TKXG Ä(CZÄYYYRKQPGGTGPIEQO .#0&5%#2'#4%*+6'%65.#0&5748';145.#0&2.#00'45%+8+.'0)+0''45+JGTGD[EGTVKH[VJCVVJKURNCPYCURTGRCTGFD[OGQTWPFGTO[FKTGEVUWRGTXKUKQPCPFVJCV+COCFWN[.KEGPUGF2TQHGUUKQPCN5WTXG[QTWPFGTVJGNCYUQHVJG5VCVGQH/KPPGUQVC2GVGT,*CYMKPUQP 5 + . 8 # 4 7 / . # - ' 8 + . . 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(#%7 5*19;6+%Ä64'(1+.&'5/1&+7/%#0#&'05'(#%9 6#..$.#<+0)56#4 .+#64+52;%0156#%*;#(#%Ä /10-';(.19'4 )4'#6$.7'.1$'.+# /+/7.754+0)'05 .1$'.+#5+2*+.+6+%# /1706#+0/+06 2;%0#06*'/7/8+4)+0+#07/ (#%9 1$. (#%9 %7.8'454116 +4109''& $.7'8'48#+0 8'4$'0#*#56#6# 8'410+%#5647/8+4)+0+#07/ 8'410+#(#5%+%7.#6# (#%9 (#%9 (#% )1.&'0#.':#0&'45 <+<+##74'#(#% %1//100#/'$16#0+%#.0#/'1(/+:9'656#675 0#6+8'9'624#+4+' /+:674'9 4#6'2.5NDUCETG 616#. E 1( 0COG 4GI0Q&CVG 4GXKUKQPU &CVG &GUKIPGF &TCYP 2KQPGGT'PIKPGGTKPI2# /GPFQVC*GKIJVU/0 'PVGTRTKUG&TKXG Ä (CZÄYYYRKQPGGTGPIEQO .#0&5%#2'#4%*+6'%65.#0&5748';145.#0&2.#00'45%+8+.'0)+0''45 ::Ä::Ä:: +JGTGD[EGTVKH[VJCVVJKURNCPYCURTGRCTGFD[ OGQTWPFGTO[FKTGEVUWRGTXKUKQPCPFVJCV+ COCFWN[.KEGPUGF.CPFUECRG#TEJKVGEV WPFGTVJGNCYUQHVJG5VCVGQH/KPPGUQVC ,GPPKHGT.6JQORUQP 5+.8#47/ .#-'8+..'/+00'516# '0%14'&'8'.12/'06 6*564''69'5657+6'#22.'8#..';/+00'516# ÄÄ%+6;%1//'065 ÄÄ%+6;%1//'065 664''24'5'48#6+102.#0 6/. 6/.                                     SSIILLVVAARRUUMM PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 1188,, 22001144 PPAAGGEE 22 OOFF 77 SSIILLVVAARRUUMM PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 1188,, 22001144 PPAAGGEE 33 OOFF 77 SSIILLVVAARRUUMM PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 1188,, 22001144 PPAAGGEE 44 OOFF 77 SSIILLVVAARRUUMM PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 1188,, 22001144 PPAAGGEE 55 OOFF 77 SSIILLVVAARRUUMM PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 1188,, 22001144 PPAAGGEE 66 OOFF 77     SSIILLVVAARRUUMM PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 1188,, 22001144 PPAAGGEE 77 OOFF 77 