HomeMy WebLinkAbout04-24-14CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
April 24, 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: Linda Maguire, Joe Blee, Chair Brooks Lillehei, Paul Reuvers,
Jason Swenson, Karl Drotning, Ex -officio member Nic Stevens
Members Absent: Vice Chair Bob Boerschel
Others Present: Daryl Morey, Planning Director; Kris Jenson, Associate Planner; Alex
Jordan, Civil Engineer; Daniel Licht, The Planning Company; Roger Knutson, City
Attorney; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The April 10, 2014 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 minutes of the April 23, 2014 Parks, Recreation and Natural Resources
Committee meeting regarding the Diamonte at Spirit of Brandtjen Farm and
Silvarum preliminary plats.
B. Several e-mails from neighbors of the Silvarum single family development.
Mr. Morey stated that the May 8, 2014 Planning Commission meeting will be
cancelled if neither of the two preliminary plats on tonight's agenda is tabled.
5. Diamonte at Spirit of Brandtjen Farm
Chair Lillehei opened the public hearing to consider the application of SBF
Development Corp. for the preliminary plat and PUD development stage plans of 42
townhome unit lots and two common area lots to be known as Diamonte at Spirit of
Brandtjen Farm, located south of 160th Street (C.R. 46) and east of Eagleview Drive.
Jacob Fick, Project Manager for SBF Development Corp. presented a brief overview
of their request. Mr. Fick commented that Tradition Development is pleased to be
bringing forward a townhome project in SBF. He indicated that they would be
working with D.R. Horton on the project.
Planning Commission Meeting Minutes, April 24, 2014 Page 2
Dan Licht from The Planning Company presented the planning report. Mr. Licht
stated that the Diamonte at Spirit of Brandtjen Farm consists of 20 twin home
buildings, and two detached townhome buildings for a total of 42 dwelling units.
Mr. Licht indicated that based on the maximum allowed development density
established by the PUD District, the density and type of dwelling unit proposed within
Diamonte at Spirit of Brandtjen Farm is consistent with the Spirit of Brandtjen Farm
Land Use Plan. The 42 dwelling units within the preliminary plat will be deducted
from the total of 2,109 dwelling units allowed for the entire Spirit of Brandtjen Farm
PUD District.
Mr. Licht stated that all of the lots in the Diamonte at Spirit of Brandtjen Farm
preliminary plat meet the SBF Master Site Plan and provides additional open space.
Mr. Licht stated that access to Diamonte of Spirit of Brandtjen Farm will be off of
167th Street and Draft Horse Boulevard.
Mr. Licht indicated that the exterior architectural design, siding, and building
materials meet the requirements of the Zoning Ordinance and are consistent with
the exterior building materials in other phases of Spirit of Brandtjen Farm.
Mr. Licht explained the guest and on -street parking arrangement, including the no
parking zone on the west side of Diamonte Path to ensure adequate access for
general traffic and emergency vehicles. He indicated that the on -street parking is
consistent with the townhouse parking in other phases of Spirit of Brandtjen Farm.
Mr. Licht commented that the developer has submitted a landscape plan that
includes the required buffer yard along future Diamond Path and follows the
perimeter lot line for the townhouse development that will separate the townhomes
from potential future single family lots to the north of the subject site. A separate
landscape plan has been provided to illustrate proposed foundation plantings for
each townhouse building.
Mr. Licht indicated that the Parks, Recreation and Natural Resources Committee
reviewed the Diamante at Spirit of Brandtjen Farm preliminary plat at their April 23,
2014 meeting and unanimously recommended approval.
Mr. Licht indicated that Diamonte at Spirit of Brandtjen Farm will include 2 outlots.
Outlot A will be HOA maintained/publicly accessible green space, and Outlot B will
be for a future development phase.
Mr. Licht stated that the final plat illustrates drainage and utility easements over
portions of Lot 22, Block 1 and Lot 22, Block 2, which are the townhouse base lots
within the development, and Outlot A to encompass utilities and stormwater
management basins and utilities as required by the Subdivision Ordinance.
Planning Commission Meeting Minutes, April 24, 2014
Mr. Licht stated that staff recommends approval of
Brandtjen Farm preliminary plat and PUD Development
13 stipulations listed in the April 18, 2014 planning report.
Page 3
the Diamonte at Spirit of
Stage Plan, subject to the
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Reuvers, seconded by Maguire to close the public
hearing at 6:15 p.m.
Ayes: Maguire, Blee, Lillehei, Reuvers, Swenson, Drotning.
Nays: 0
Both Commissioner Drotning and Chair Lillehei commented how impressed they
have been watching the Spirit of Brandtjen Farm development adjust over the years
to the changing residential housing market.
Motion was made by Drotning, seconded by Blee to recommend to City Council
approval of the Diamonte at Spirit of Brandtjen Farm preliminary plat and PUD
Development Stage Plan, subject to the following stipulations:
1. Diamonte at Spirit of Brandtjen Farm shall be developed consistent with
the approved Spirit of Brandtjen Farm Master Plan, the PUD booklet dated
June 20, 2005 and the PUD Development Stage Plan/Preliminary Plat.
2. Diamonte at Spirit of Brandtjen Farm shall be subject to the following
setback requirements:
3. The garage attached to each dwelling unit shall have a minimum area of
440 square feet as required by Section 11-58-21.D of the zoning
Ordinance.
4. The exterior horizontal lap siding for each dwelling unit shall be fiber
cement board material meeting the requirements of Section 11-58-21.C.4
of the Zoning Ordinance.
5. The west side of Diamonte Path shall be designated and posted as a no
parking zone to ensure adequate access for general traffic and emergency
vehicles.
6. All street section designs are subject to review and approval of the City
Engineer.
SBF PUD Booklet dated
June 20, 2005
Building to Building
20 Ft.
15 Ft.
House to Public ROW
25 Ft. (garage face)
20 Ft. corner side
Diamond Path
50 Ft.
3. The garage attached to each dwelling unit shall have a minimum area of
440 square feet as required by Section 11-58-21.D of the zoning
Ordinance.
4. The exterior horizontal lap siding for each dwelling unit shall be fiber
cement board material meeting the requirements of Section 11-58-21.C.4
of the Zoning Ordinance.
5. The west side of Diamonte Path shall be designated and posted as a no
parking zone to ensure adequate access for general traffic and emergency
vehicles.
6. All street section designs are subject to review and approval of the City
Engineer.
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 167th 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 167th 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 167th 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, Apnl24, 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.
Planning Commission Meeting Minutes, April 24, 2014 Page 10
7. Election of Planning Commission Officers
Motion was made by Maguire, seconded by Drotning to nominate Commissioner
Lillehei to the office of Chair for the year 2014, and to nominate Commissioner
Boerschel to the office of Vice Chair for the year 2014, and to close nominations.
Ayes: Swenson, Drotning, Maguire, Blee, Lillehei, Reuvers
Nays: 0
There being no further business, the meeting was adjourned at 7:56 p.m.
Respectfully submitted,
Penny Brevi ecording Secreta
ATTEST:
a
Brooks Lillehei, Chair
To the City Planning Commission:
We are writing in regards to the proposed Silvarum Development along Judicial Road and adjacent to
167th Street West in Lakeville. We have been Lakeville residents since 1999, having built our home
directly across the street from this proposed building site. We chose this neighborhood for its "rural"
feel yet great access to the city. We have appreciated this very family friendly yet private neighborhood
as a great place to raise our family including 4 kids. We have anticipated for many years that the
property across the street would at some point be developed with more residential housing and accept
that this is the appropriate time as Lakeville is pushing more residential development.
We attended the February 27th meeting with other neighbors, developers, and city planning members.
We were thankful to have the opportunity to share our concerns and to hear about all the other
perspectives on this proposed plan. Again we voice our concerns regarding this proposed plan. Our top
concerns are:
- The plan for 4 driveways along Judicial Road without room for turn-arounds on a road lacking
shoulders and sidewalks. Weather permitting, I am out nearly every day walking and have observed
the speed of traffic that can get out of control on this road. We have also witnessed several cars
over the years that have hit the ditch just south of this curve that have obviously been out of
control with their speed. I take extreme caution as I walk on this road and don't let my kids go on it
alone. To put short driveways on this stretch of road would be irresponsible based on what we
have experienced living here for 14 years.
- When we built several years ago, the plan to save the trees was imperative. This proposed
development is inconsistent with what has been done in the previous development.
- The plan does not in our opinion concur with "development which complies with the character and
general design of the immediate area". Our home is situated on 1.2 acres which is consistent with
the majority of homes on 167th St W. Of course, the majority of homes surrounding us are on far
more acreage than that.
While we appreciate the development needs of the city of Lakeville, we ask that you reconsider
what has been proposed to include a development that is more consistent with the surrounding
area and with appropriate safely considerations.
Thank you very much.
Stephanie and Brian MacDonald
Jenson, Kris
Subject: FW: Silvarum Development
From: Roz Peterson [mailto:RozP(&cerron.com]
Sent: Wednesday, April 23, 2014 1:40 PM
To: Brevig, Penny; WEB CouncilInfo Email
Subject: Silvarum Development
Hello!
I happen to live near the proposed Silvarum development off Judicial Road and 167th St W. It is 4.5 acres and 8 lots with
a storm water pond are planned.
I am happy that the buck thorn will be eradicated and the property will be updated.
My concerns are about the safety of having 4 driveways coming off Judicial Road. That portion of the road is down a
steep hill and has two curves on it. I happened to have an accident with another neighbor further north where the
speed limit is 30 and no curves. Even though the family had a L shaped turn around near their home, they had to back
down their driveway and turn around off Judicial. Unfortunately they did not see me and ran right into me. I think the
lots should have access off Linch Ave or 167th St for safety purposes.
I understand the developer wants to maximize the number of lots, but the density is not consistent with the adjacent
homes. Similar properties off 167th are three-quarter to 1 acre lots.
Please consider having the developer come up with a plan where the properties are accessed from neighborhood
streets, not the minor collector road (Judicial) for safety purposes.
Thanks for listening and all you do for our community!
Roz Peterson
12295 162nd St W Lakeville, MN 55044
952-469-9444 *Cell: 612-708-5281 *Fax: 952-469-2173
Email: rozp@cerron.com * www.cerron.com
Jenson, Kris
Subject: FW: silvarum development
-----Original Message -----
From: susan buck [mailto:sumatrabuck@charter.net]
Sent: Wednesday, April 23, 2014 2:58 PM
To: Brevig, Penny
Subject: silvarum development
i am not opposed to updating that property where they are putting 8
houses, i thought 8 was too many for 4 acres, but it will look nice
updated.
i do have two concerns, number 1 is the lots all facing judicial
road with driveways coming on to judicial. i dont think that is the
best plan for this acreage. the driveways coming off the side streets
make more sense all the way around. not only will it look better, but it is alot safer for people backing in and out of
their driveways, company coming to their house, and children playing in their driveways.
and my number 2 concern is that the city planner said the contractors
could put the houses back further back on the lots . i think to do
that would maximize athestics. i know that isnt contractors concern,
but i think it would be in keeping with the look of the neighborhood, and more pleasing to the families that worked so
hard to find a quiet spot that has a country feel but being close to shopping. thank you, sbuck
1
Jenson, Kris
Subject: FW: proposed Encore development
-----Original Message -----
From: Sue Lund [mailto:sue@thelundfamily.net]
Sent: Wednesday, April 23, 2014 2:51 PM
To: WEB Councillnfo Email; Brevig, Penny
Subject: proposed Encore development
Dear Planning Commission and City Council Members,
We are writing to you concerning the proposal described as follows on the April 24, 2014 agenda:
The 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
We own of the property to the immediate North on Judicial Rd. and have lived here for 22 years. We understand the
advantages of developing this property, among which are Buckthorn removal in the woods and replacement of existing
run-down structures with quality single family homes. We believe that, done well, such a development can have a
positive impact on our neighborhood.
We do, however, have serious concerns about proposed plat. Specifically, we are concerned about traffic safety, and a
sub -division that is inconsistent with the existing properties.
With respect to traffic safety, the proposal places 4 new driveways on a dangerous portion of Judicial Road and the size
of the properties dictates a back -out entry into traffic. As long-time residents, no one in our family ever backs out of our
driveway. This stretch of road is a long curving hill with poor visibility that is frequently driven well in excess of the
posted 40 MPH speed limit. Drivers routinely hit this curve too fast and go into the ditch, right where the new driveways
are proposed. While drivers in the ditch are a concern, we would hate to see one of those drivers hit a High School
student backing out of his driveway on the way to school in the morning 50 to 60 MPH. We suggest that it would be
much safer to place those driveways on 167th street instead.
The proposal also changes the character of the existing residential neighborhood on 167th street. The existing
properties are all 3/4 to 1 acre wooded lots, while the proposed development consists of sub -1/2 acre lots. While we
understand the desire to maximize profit by selling as many lots as possible, we are concerned that the inconsistency in
size and character of these lots will negatively impact the value of our existing neighbors properties. We suggest that
the proposal be adjusted to provide for at most 6 larger, more valuable lots.
Thank you for your consideration.
Eric and Sue Lund
16563 Judicial Road
(952) 892-0451
Sue Lund
sue@thelundfamily.net
Hello!
I live near the proposed Silvarum development off Judicial Road and 167th St W.
I understand the developer wants to maximize the number of lots at 8, but the density is not consistent
with the adjacent homes. My home 12428167th St W is 1.9 acres and my neighbors lots are similar. The
lots North of the property are all zoned larger as well. It is very hard to understand why this one small
parcel is zoned for .5 acre lots. That is a visual concern that does not address the more pressing issue
which is safety. The corner of 167th w and Judicial is very dangerous and should be studied by the
comity. Additional driveways on Judicial are going to spawn accidents.
Please consider having the developer come up with a plan where the properties are accessed from
neighborhood streets.
I really believe that home owners will agree with a plan that is simply equal to the surroundings and safe
for all in the area. There is not room for 8 lots on that 4.5 care site. 5-6 should be the maximum number
the area can support. I understand you have a job to do and that you must follow the law. Please just do
the very best you can to keep this area beautiful and safe.
I do understand you have a difficult job to do here!
Greg Miler
12428167 Ih St W
Lakeville MN 55044
952-484-6233 cell
Hello,
I am a neighbor to the Silvarum development which is proposed to build 8 lots plus a
water run off pond on a 4.5 acre parcel on the NW corner of Judicial Rd. and 167' St. W.
All the neighbors in this area realize this parcel will be developed, the concern lye's with
in `How' they will develop it.
I realize that the proposed product is within the requirements for density in this area. The
surrounding neighborhood at its time of development was also classified similarly, but the
developers choose to, and wanted to create a similar feel to the surrounding area. The proposed
development will put a high density pocket of houses in the middle of an area of Lakeville that
has always strived to be more rural than urban.
It was proposed at the open meeting a month or so ago that increasing the price per
proposed lot would still be marketable if less lots were offered. 8 lots at $100,000 per lot =
$800,000. 5 lots at $160,000 = $800.000. This would obviously support less home sites with an
increase price per lot, reduce the number of trees to be taken down, reduce the size of the water
run off pond, require less driveways to enter a known dangerous corner, and most importantly
preserve the overall feel of the existing neighborhood. Many neighbors invested and choose this
specific area because of it's treed and open neighborhood. I realize the available demographic
would decrease for this increase in price, but I feel the median value per household in the
existing neighborhood would support not only the dollars but also the desire for somebody
wanting to live in a wooded nature driven area.
When the current area was developed in the late 1990's and early 2000's
Lakeville forestry put a lot of pressure on the homeowner not to cut down trees, they went so far
as to mark specific trees along with fencing areas off that were not to be disturbed. The
proposed density would all but require the vast amount of the trees to be taken down.
Years ago Pietsch Builders were going to develop this same 4.5 acre parcel. They also
proposed 8 home sites. The City of Lakeville turned them down. Their plan did involve a cul-
de-sac, thus pushing the houses back into the lots and required taking down an over -reaching
amount of trees. Pietsch Builders were turned down for a reason, not just because of the cul-de-
sac, but, I suspect, because of the density of the homes with in this 4.5 acre site and what it
would create relative to the surrounding neighborhoods.
I am very proud of our neighborhood. Please take the time to drive out this
direction and see and feel what its like. This is a very special part of Lakeville and we wish to
preserve it.
Thank you, Jeff and Jane Hurinenko
We are writing regarding the planned Silvarum development on the corner of Judicial Road and 167th
Street West. There is a meeting on Thursday, April 24, which we plan to attend, but due to a previous
commitment, we may miss the beginning of the meeting. We are sending this note so our thoughts will
be known.
We live in the first house on the corner of 167th Street West and Judicial, directly south of the planned
development. We have lived here 15 years. First, let us say we are not opposed to the development of
this site. If it is done right, it could increase the home values in the neighborhood. We are very
concerned, though, that eight houses, along with a holding pond, will be packed into a 4-1/2 acre plot of
land. Our house is situated on over 1-1/4 acres, as are the next several houses along our street. The
other homes in the immediate vicinity have even more acreage and a more rural feel. The proposed
development may be a perfect fit within the city or near other similar developments, but that is not the
character of this area. The development would definitely feel out of place here.
An additional concern is that the current plan calls for four driveways to enter directly onto Judicial Road
in the middle of a long hill and a curve -- a dangerous situation. If the new homeowners choose to have a
turn -around in their yard so they won't have to back out onto Judicial Road, that will mean a relatively
large percentage of the front yards will be paved. That means fewer trees and less green area, making
this development an even poorer fit in the neighborhood.
We would like to see the development scaled back on the number of homes to perhaps four or five. The
land is heavily wooded, which should make the larger lots even more desirable and valuable. More
expensive lots should help the developers stay profitable. More expensive homes will maintain or
increase the home values of the people who already live in the area. Most importantly, it will help
preserve the character of the neighborhood and minimize the safety issue of multiple driveways entering
Judicial Road.
Thank you for your consideration. We hope to see you on Thursday.
Barb and Jerry Schiroo
12372 167th Street West
Lakeville
Dear Planning Commission and City Council Members,
We are writing to you concerning the proposal described as follows on the April 24, 2014 agenda:
The Encore Development for the following, located north of 167th
Street, between Judicial Road and Linch Path:
The proposed plat is very inconsistent with the area. Lots should be no less than 1 acre to retain the
value and consistency of the area. I live on 3 acres and most of us are on 2+. A tight little neighborhood
in this area would just seem like poor planning for a city that has developed into a demand place to live
and has had previous great planning.
With respect to traffic safety, the proposal places 4 new driveways on a dangerous portion of Judicial
Road and the size of the properties dictates a back -out entry into traffic. As long-time residents, no one
in our family ever backs out of our driveway. This stretch of road is frequently driven over the posted 40
MPH speed limit which already is too fast for our children on bicycles and walkers. It would be much
smarter to place the driveways or as many as possible on 168th and Linch.
Thank you for your consideration.
Mark & Jill Huss
16415 Judicial Rd
Lakeville, MN 55044
Michael & Karen Jackson
16562 Linch Path
Lakeville, MN. 55044
952/435-5655
iacksonacres@vahoo.com
May, 4, 2014
City of Lakeville- City Council
Lakeville, MN. 55044
Dear Mayor and Council Members,
We reside at 16562 Linch Path in Lakeville, and are an abutting property owner sharing the NW
property line with Encore Developments' Silvarum proposed plat. We have had extensive discussions with city
staff since late 2013 regarding the proposed development on this parcel. We have asked for upgraded road
revisions to Linch path either to its terminus or by adding a cul-de-sac at the end of their development. When
the Planning Commission approved the preliminary plat without these considerations we set up a meeting last
Monday with City Administrator Mielke and City Engineer Zach Johnson to discuss the issues that were
unresolvable with staff and not adopted by stipulation by the planning commission.
We received an e-mail from Administrator Mielke stating that the cities' staff had reviewed our requests
and added stipulations to the preliminary plat for Encore Development, they also have apparently agreed to
these stipulations. These will be worked out before consideration of the final plat.
We would still request that the council add a stipulation to the preliminary plat that due to the storm
water swale/ channel and the removal of large trees between our lots to accomplish this, that Encore provide
large conifers as a buffer screen as we are zoned R -A and the subdivision will be RS -1. The size and location
could be worked out on the final plat for approval.
We also would like to see Linch Path upgraded to city standard of 32' width with curbs on both sides as a
consideration for this project as their parcel and the parcels to the west are both also zoned RS -1 and already
have homes on their lots. I don't think that a "rural" treatment will look right or is fitting with the zoning in place
right now with the current comprehensive plan.
Our final concern is the tree preservation plan as submitted by Encore and their engineer. They have
surveyed and listed the trees and have submitted a removal/ save plan. They say that there will be 68% of the
trees remaining with their application. If you figure the trees that are on their grading plan for the driveways,
custom graded house pads and the areas that they have identified on the grading plan as being re -graded there
is a possible 30-40% tree loss with 8 lots as they have them laid out. I don't think that meets the intent of the
City subdivision codes as written as a mandate to save "significant" trees. Some of the trees that would need to
be taken out are 30-40" Oak trees.
Respectfully,
Michael & Karen Jackson