HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
November 20, 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: Chair Brooks Lillehei, Jason Swenson, Paul Reuvers, Linda
Maguire, Karl Drotning, Pat Kaluza, ex-officio member Nic Stevens
Members Absent: None
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Daniel Licht, Planning Consultant; Alex Jordan, Civil
Engineer; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The November 6, 2014 Planning Commission meeting minutes were approved as
presented.
4. Announcements
The following items were distributed to the Planning Commission prior to tonight’s
meeting:
• November 19, 2014 Parks, Recreation and Natural Resources Committee
meeting draft motions for the Argonne Senior Housing and Kenwood Hills
preliminary plats
• Letter from Ronald and Mary Gerk regarding the Argonne Senior Housing public
hearing notification
• E-mail from Healey Ramme, owners of the Southfork Village apartments,
expressing their support of the Kenwood Hills preliminary plat
• Revised landscape plan for Argonne Senior Housing
Mr. Morey stated the Berres Ridge easement vacation public hearing notice with the
date of November 20th was in error and it will not be on tonight’s agenda.
5. JAFCO, LLC
Chair Lillehei opened the public hearing to consider the application of JAFCO, LLC
for the vacation of a street, drainage and utility easement for Dodd Boulevard,
located south of 185th Street (CSAH 60) and north of 190th Street.
Applicant Joseph Feldman from JAFCO, LLC was in attendance at tonight’s meeting
to answer any questions.
Planning Commission Meeting Minutes, November 20, 2014 Page 2
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that there are currently two easements over Dodd Boulevard proposed to be vacated
in conjunction with the final plat for Feldman Heights, located north of 190th Street
and east of Dodd Boulevard (CSAH 9). She indicated that the first is a 33 foot wide
road easement and the second is a 60 foot wide road, drainage, and utility easement
that overlaps the 33 foot wide easement, which is shown on Exhibit B in the
November 12, 2014 planning report.
Ms. Jenson stated that the easements to be vacated will be replaced by the
dedication of 60 feet of east half right-of-way for Dodd Boulevard with the Feldman
Heights final plat. She indicated that approval of the vacations will be contingent
upon the recording of the final plat. If JAFCO, LLC chooses not to move forward
and record the final plat then the easements will not be vacated.
Ms. Jenson stated that Planning Department staff recommends approval of the
easement vacation subject to the one stipulation listed in the November 12, 2014
planning report.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, Seconded by Maguire to close the public
hearing at 6:05 p.m.
Ayes: Swenson, Maguire, Lillehei, Reuvers, Kaluza, Drotning
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. There were no
comments from the Planning Commission.
Motion was made by Drotning, Seconded by Swenson to recommend to City
Council approval of the vacation of a street, drainage and utility easement for Dodd
Boulevard, located south of 185th Street (CSAH 60) and north of 190th Street,
subject to the following stipulation:
1. The easement vacation is subject to the approval and recording of the Feldman
Heights final plat.
Ayes: Maguire, Lillehei, Reuvers, Kaluza, Drotning, Swenson
Nays: 0
6. Scott Schlink
Chair Lillehei opened the public hearing to consider the application of Scott Schlink
for a vacation of public road right of way and a utility easement, located west of
Hamburg Avenue and north of Hartford Way.
Scott Schlink was not in attendance at this time.
Planning Commission Meeting Minutes, November 20, 2014 Page 3
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Scott Schlink has submitted an application for the vacation of public road
right of way and the vacation of a five foot wide utility easement dedicated with the
McNearney and Larson Addition plat in 1960. He indicated that Mr. Schlink’s plan is
to build a detached garage in the area of the vacated road right of way.
Mr. Dempsey explained that the right of way that Mr. Schlink is requesting to be
vacated represents the north half of the future 205th Street that was planned to be
extended to the west of Hamburg Avenue. Due to the plat of Village Creek 4th
Addition, approved in 2012, and the plat of Aronson Bluff, approved in 2013, the use
of the subject right of way for street purposes is no longer necessary.
Mr. Dempsey stated that the five foot wide utility easement along the west boundary
of the lot is also proposed to be vacated and will be re-established with a 10 foot
wide drainage and utility easement around the perimeter of Mr. Schlink’s parcel and
the vacated right of way in compliance with standard lot boundary easement
dedication.
Mr. Dempsey indicated that there are no identified City utilities within the proposed
area to be vacated and the utility companies have responded with no concerns.
Mr. Dempsey stated that Planning Department staff recommends approval of the
road right-of-way and utility easement vacation subject to the three stipulations listed
in the November 13, 2014 planning report.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Swenson, seconded by Reuvers to close the public
hearing at 6:09 p.m.
Ayes: Lillehei, Reuvers, Kaluza, Drotning, Swenson, Maguire
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning commented on the fact that the applicant was not
present and whether the Planning Commission is comfortable voting on this
agenda item without the applicant in attendance.
• Commissioner Reuvers clarified with staff that the applicant has agreed to the
stipulations.
• Mr. Morey stated that the Planning Commission has a couple options. They
could table the item until later in tonight’s meeting to see if the applicant
shows up, or make a motion to recommend to City Council without the
applicant present. Mr. Morey explained that with easement vacation requests
Planning Commission Meeting Minutes, November 20, 2014 Page 4
such as these, staff is comfortable with the Planning Commission making a
recommendation even though the applicant is not in attendance.
Motion was made by Maguire, seconded by Drotning to recommend to City
Council approval of a vacation of public road right of way and a utility easement,
located west of Hamburg Avenue and north of Hartford Way subject to the following
three stipulations:
1. The vacated road right of way shall be combined with the homestead
parcel into one property identification number.
2. The property owner shall dedicate a 10 foot wide boundary drainage and
utility easement as described on the Certificate of Survey submitted with
the vacation application. The signed easement agreement shall be
submitted prior to City Council consideration of the vacation request.
3. A building permit shall be approved by the City prior to commencing
construction of the proposed shed.
Ayes: Reuvers, Kaluza, Drotning, Swenson, Maguire, Lillehei
Nays: 0
7. Shamrock Development
Chair Lillehei opened the public hearing to consider the application of Shamrock
Development, Inc. for the following, located east of Holyoke Avenue and south of
195th Street: A. Vacation of a roadway, drainage and utility easement; B. Vacation
of a roadway easement for Highview Avenue.
The applicant will not be in attendance at tonight’s meeting.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that Shamrock Development has submitted an application for the vacation of two
road easements in conjunction with the final plat of Legacy 1st Addition. She
indicated that the first easement proposed to be vacated is a 60 foot by 30 foot
easement at the east end of 195th Street. The Legacy 1st Addition plat will replace
this easement with platted right-of-way.
Ms. Jenson indicated that the second easement is located on the south side of the
property. 198th Street is a rural gravel section of roadway within an easement that
provides access to two existing homes located south of the Legacy 1st Addition final
plat. The existing easement is proposed to be vacated and will be replaced with
platted right-of-way on the Legacy 1st Addition final plat.
Ms. Jenson stated that approval of the vacation request will be contingent upon the
recording of the final plat. If Shamrock Development chooses not to move forward
and record the Legacy 1st Addition final plat, then the easements will not be vacated.
Ms. Jenson indicated that she had received one phone call from a resident with
questions regarding the easement vacation.
Planning Commission Meeting Minutes, November 20, 2014 Page 5
Ms. Jenson stated that Planning Department staff recommends approval of the
easement vacation subject to the stipulation listed in the November 12, 2014
planning report.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Maguire, seconded by Reuvers to close the public
hearing at 6:16 p.m.
Ayes: Kaluza, Drotning, Swenson, Maguire, Lillehei, Reuvers
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning commented that this was an anticipated action when
the Legacy preliminary plat was considered.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the vacation of a roadway, drainage and utility easement and
vacation of a roadway easement for Highview Avenue subject to the following
stipulation:
1. The easement vacation is subject to the approval and recording of the
Legacy 1st Addition final plat.
Ayes: Drotning, Swenson, Maguire, Lillehei, Reuvers, Kaluza
Nays: 0
8. Darren Kermes
Chair Lillehei opened the public hearing to consider the application of Darren
Kermes for the following, located at 19115 Orchard Trail: A. Conditional Use
Permit to allow an expansion of a legal non-conforming single family home in the
Shoreland overlay District of Lake Marion; and B. Variance from the 75 foot
setback requirement from the Lake Marion Ordinary High Water Level (OHWL).
Darren Kermes presented a brief overview of his request. He commented they are
proposing to construct a main floor laundry room/mud room, guest bathroom and
closet space in addition to the new garage.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated the Mr. Kermes is requesting a CUP and variance because the non-
conforming house is being expanded and a portion of the house does not meet the
75 foot setback requirement to the Lake Marion Ordinary High Water Level (OHWL).
Mr. Dempsey indicated that the proposed construction would include a 192 square
Planning Commission Meeting Minutes, November 20, 2014 Page 6
foot main floor laundry room, guest bathroom and closet space. The new garage
would be constructed on the north side of the expanded living area.
Mr. Dempsey indicated that the house meets the side yard setback requirement and
the lot meets the minimum lot area requirement.
Mr. Dempsey indicated that the Zoning Ordinance requires any non-conformities be
brought into compliance where possible or the non-conformity be reduced or
minimized. He reviewed the current non-conformities and stated staff recommends
that the applicant seal the well and remove the driveway encroachment over the
west property line as a means of reducing the non-conformities on the property. He
indicated that Mr. Kermes may want to comment on the stipulations.
Mr. Dempsey reviewed the CUP and variance criteria of the Zoning Ordinance,
which are explained in the November 13, 2014 planning report. City staff concluded
that the application meets the Zoning Ordinance criteria subject to the stipulations
listed in the planning report.
Mr. Dempsey added that the DNR was notified of the proposed CUP and variance.
No comments were received from the DNR.
Mr. Dempsey stated that Planning Department staff recommends approval of the
conditional use permit and variance subject to the six stipulations listed in the
November 13, 2014 planning report.
Chair Lillehei opened the hearing to the public for comment.
Mr. Kermes returned to the podium to comment on the stipulations listed in the
November 13, 2014 planning report. He indicated that he has no objection to
removing the driveway encroachment over the west property line, but he respectfully
requested to do this when the Orchard Trail reconstruction project was completed
and not have to submit a $1,000 security. He also commented on the stipulation to
have the well sealed. He indicated that the only purpose of the well is for irrigation
and he felt it was doing no harm where it is located.
There were no comments from the audience.
Motion was made by Swenson, seconded by Maguire to close the public
hearing at 6:31 p.m.
Ayes: Swenson, Maguire, Lillehei, Reuvers, Kaluza, Drotning
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• The Planning Commission discussed the applicant’s request to not be
required to cap his well and to not have to submit the $1,000 security for the
driveway encroachment, which are stipulations 3 and 4 listed in the
Planning Commission Meeting Minutes, November 20, 2014 Page 7
November 13, 2014 planning report. Mr. Dempsey explained that it has been
the City’s policy for active wells in environmentally sensitive areas to be
sealed. Mr. Morey stated that the public street improvement project in this
area is scheduled for 2016 but, because the 2015 street improvement project
work will likely be completed over two years, this street improvement project
will likely shift to 2017. Mr. Morey indicated that removal of the driveway
encroachment, if not covered by a security, would be at the goodwill of the
property owner to complete.
• Commissioner Drotning asked if Orchard Trail will be reconstructed as a rural
or urban section. Mr. Jordan indicated that it would be upgraded to an urban
section.
• Commissioner Drotning asked if the applicant is proposing to install a
hammerhead turnaround and/or to add asphalt to the driveway at the location
of the new garage. Mr. Kermes indicated that he had no intention to install a
hammerhead. He stated he plans to add asphalt at the opening of the new
garage.
• Commissioner Swenson stated that pumping from the lake for agricultural
purposes is legal; however, he supports capping the well because it is very
difficult to avoid contamination entering the groundwater system with the well
acting as a conduit.
• The Planning Commission agreed that stipulations 3 and 4 should be kept in
their recommendation.
Motion was made by Maguire, seconded by Reuvers to recommend to City
Council approval of the Kermes Conditional Use Permit and Variance located at
19115 Orchard Trail subject to the six stipulations listed below:
1. The improvements shall be constructed in accordance with the site plan
approved with the conditional use permit and variance.
2. The exterior building materials and roof for the addition and the existing
house shall match.
3. The water well shall be sealed prior to the issuance of a certificate of
occupancy for the building addition. A $3,000 security shall be submitted
prior to issuance of a building permit to guarantee compliance with the
stipulation.
4. The driveway encroachment over the west property line shall be removed. A
$1,000 security shall be submitted prior to issuance of a building permit to
guarantee compliance with this stipulation.
5. Any additional pavement included in the revised driveway and site
construction due to site modifications shall be included on a revised survey
prior to City Council consideration of the conditional use permit and variance.
6. All disturbed soils shall be restored and established with groundcover
immediately after work in that area is completed.
Ayes: Maguire, Lillehei, Reuvers, Kaluza, Drotning, Swenson
Nays: 0
Planning Commission Meeting Minutes, November 20, 2014 Page 8
9. Dakota County CDA
Chair Lillehei opened the public hearing to consider the application of the Dakota
County CDA for the following, located northeast of Junelle Path and south of 175th
Street: A. Preliminary plat of one lot to be known as Argonne Senior Housing; and
B. Conditional Use Permit to allow a multiple-family dwelling in the O-R,
Office/Residential Transition District.
Kari Gill from the Dakota County CDA presented a brief overview of the request. Ms.
Gill gave a summary of the existing CDA senior housing projects in Lakeville. Ms.
Gill stated that their senior housing market study indicates a high demand in
Lakeville.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that the CDA project proposes a three story independent senior housing building
with 62 one and two-bedroom units and an underground parking garage.
Ms. Jenson stated that the Argonne Senior Housing preliminary plat consists of one
lot. The proposed multi-family dwelling use is allowed by conditional use permit in
the O-R District and is subject to the requirements of the RH-1, Multiple Family
Residential District.
Ms. Jenson indicated that no public sidewalks are proposed to be added along
Junelle Path as a part of the Argonne Senior Housing plat, but a private sidewalk
and trail are planned to be constructed along the north driveway and around the rear
of the building for use by the residents.
Ms. Jenson stated that there are no wetlands and no significant trees located within
the Argonne Senior Housing preliminary plat.
Ms. Jenson explained that the CDA has indicated that should the Argonne Senior
Housing preliminary plat and CUP be approved by the City Council, that they will
likely request final plat approval early in 2016. Because of the extended timeframe,
they have requested that the preliminary plat and CUP approval be for 18 months
from the time of City Council approval, rather than the 12 months allowed by
ordinance. Staff supports this request.
Ms. Jenson reviewed the site plan and conditional use permit requirements of the
Zoning Ordinance. The proposed building meets the RH-1 District building setback
requirements.
Ms. Jenson presented a revised landscape plan and commented that the landscape
species and sizes meet Zoning Ordinance requirements. The revised landscape
plan shows some changes in the southern area of the site and includes additional
plantings in this area.
Ms. Jenson stated that the site will be accessed with two driveways from Junelle
Path. The north driveway will be for visitors and the south driveway will lead directly
Planning Commission Meeting Minutes, November 20, 2014 Page 9
to the underground parking facility, which will be accessible to residents and the
CDA staff. The proposed surface and underground parking meet the requirements
of the Zoning Ordinance.
Ms. Jenson indicated that the photometric plan has been submitted and reviewed by
staff. The photometric plan meets Zoning Ordinance requirements. Because this
condition has been satisfied, Stipulation 6 of the planning report can be deleted.
Ms. Jenson stated that the building height and exterior building materials meet the
Zoning Ordinance requirements.
Ms. Jenson stated that there was a neighborhood meeting hosted by the Dakota
County CDA on November 13th at Christina Huddleston Elementary School. Four
residents attended and no significant issues were raised.
Ms. Jenson stated that Planning Department staff recommends approval of the
Argonne Senior Housing preliminary plat and conditional use permit subject to the 7
stipulations listed in the November 13, 2014 planning report.
Chair Lillehei opened the hearing to the public for comment.
Charlie Gerk, representing his father Ron Gerk who lives at 10466 175th Street
Mr. Gerk’s concerns were:
• With the public hearing notice only going to property owners within 350 feet
from the subject property, rather than the 500 feet required by ordinance, he
requested that this agenda item be tabled to give those property owners who
did not receive 10 days notice of the public hearing enough time to respond.
He feels that City staff should come up with a policy for when something like
this happens.
• He questioned why Outlot G, Argonne Village can be used for the density
calculation even though it is not connected to the main lot that is being
platted. He pointed out that Outlot G has a different zoning than the lot the
senior apartment building will be constructed on.
• He expressed concerns about site lighting and the proposed building height.
Lynn Peterson, 10710 – 175th Street
Mr. Peterson’s concerns were:
• The office building project that was proposed about ten years ago for this
property would have allowed his auto body shop to access Junelle Path
through the proposed office building parking lot. He would like the same
access consideration with this proposed project.
Motion was made by Reuvers, seconded by Drotning to close the public
hearing at 7:02 p.m.
Planning Commission Meeting Minutes, November 20, 2014 Page 10
Ayes: Lillehei, Reuvers, Kaluza, Drotning, Swenson, Maguire
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Chair Lillehei asked staff to address Mr. Peterson’s question about access for
his business onto Junelle Path. Ms. Jenson responded with a brief history of
the office building proposal from ten years ago and the cross access
agreement they proposed with Mr. Peterson. She indicated that the CDA site
is proposing a pond in the area where Mr. Peterson’s access would have
been with the previous project and there would not be enough room to come
through this area with an access. Ms. Jenson explained that another option
would be to see if the auto body shop access could be located north of the
CDA’s proposed pond. With the geometrics of Junelle Path in that area and
with the elevation of Mr. Peterson’s property, the driveway would have to
slope significantly within a very short distance so this may not be an ideal
situation. She stated that Mr. Peterson is welcome to contact the CDA with
his request, but City ordinance does not require the CDA to provide Mr.
Peterson with an access through their site.
• Chair Lillehei asked staff to comment on the public hearing notices and the
missed property owners. Ms. Jenson explained the abstract company’s error.
The abstract company certified that the property owners list submitted with
the preliminary plat and CUP applications was for 500 feet, as required by
City ordinance, when it was only for 350 feet, as required by State Statute.
She stated that when staff discovered the error, the City immediately
contacted the CDA who then contacted the abstract company, who in turn
acknowledged their error. It was determined that four property owners were
not included in the original mailing and City staff included a letter of
explanation with the public hearing notice that was mailed out the same day
that the error was discovered (Thursday, November 13th). Ms. Jenson stated
that the City Attorney has been contacted and they indicated that, despite the
error in notification, it is a valid public hearing by City ordinance and State
Statute.
• There was a discussion regarding Outlot G and whether it should be included
for the density calculations as it is not contiguous with the lot the senior
apartment building will be constructed on. Mr. Morey stated that Outlot G is
intended to be purchased from United Properties by the CDA. He indicated
that including Outlot G meets Zoning Ordinance requirements for the
proposed senior apartment building to have 62 units. He stated that Outlot G
is separated from the senior apartment building lot by a City-owned outlot that
includes wetland and ponding areas.
• Chair Lillehei agreed to let Mr. Gerk address the Planning Commission after
the public hearing has been closed to clarify his building height concern. Mr.
Gerk explained that he feels the CDA is building a very tall building at its peak
on a piece of land that is quite high already and is it necessary to build at that
elevation or could they cut into the hill and build at a lower elevation.
Planning Commission Meeting Minutes, November 20, 2014 Page 11
• Mr. Jordan explained that City ordinance requires the lowest floor elevation
be a minimum of three feet above the water level of the wetland, which
dictates the elevation and height of the building.
• Commissioner Drotning stated that he is abstaining from discussion and vote
on this agenda item due to the fact that he owned and sold land to United
Properties in this area.
• Chair Lillehei indicated that previously he had a discussion with staff
regarding Outlot G and the density calculations. He suggested perhaps a
PUD zoning would give the CDA the flexibility to achieve the density (number
of units) they need to make the project feasible. He believes this is a good
location for the proposed use.
• Commissioner Reuvers agreed that this would be a good way to address the
density issue.
• Mr. Morey stated that rezoning the property to a PUD would allow Outlot G to
be deeded to the City in exchanges for a credit to the storm sewer area
charge. City staff can explore this option with the CDA and perhaps Kari Gill
could speak publicly at tonight’s meeting regarding the suggested rezoning to
a PUD.
• Ms. Gill approached the Planning Commission and indicated that she did
have a brief discussion with Mr. Morey earlier today and she would be willing
to submit an application for rezoning to PUD and to make sure that the
abstract company had the complete list of property owners for the public
hearing notice.
• Chair Lillehei commented that he would be willing to have a special Planning
Commission meeting, if necessary, to consider the PUD rezoning application.
Motion was made by Reuvers, seconded by Maguire to table action on the
Argonne Senior Housing preliminary plat and conditional use permit and direct staff
to publish a new public hearing notice for a Zoning Map amendment to rezone the
property to Planned Unit Development (PUD).
Ayes: Reuvers, Kaluza, Swenson, Maguire, Lillehei
Nays: 0
Abstain: Drotning
10. Kenwood Hills, LLC
Chair Lillehei opened the public hearing to consider the application of Kenwood Hills,
LLC for the following, located west of Kenwood Trail (CSAH 50) at Jurel Way: A.
Comprehensive Plan amendment to re-guide property from high density residential
to low/medium density residential; B. Zoning Map amendment to rezone property
from RH-1, Multiple Family Residential District to PUD, Planned Unit Development
District; C. Preliminary plat and PUD development stage plans of 45 detached
townhome lots to be known as Kenwood Hills.
Jason Biederwolf, Land Development Manager for Homestead Partners and Matt
Hanish, Vice President of Homestead Partners, along with Chuck Ryan, the on-site
manager with JMS Custom Homes, Paul Kangas, Landscape Architect and Tina
Planning Commission Meeting Minutes, November 20, 2014 Page 12
Goodroad, Planning Consultant, both with Loucks Associates, were in attendance at
tonight’s meeting. Mr. Hanish presented a brief overview of their request. Mr.
Hanish stated that they felt this site was the perfect fit for their project. He indicated
that 30% of the site will be left natural with preserving wetlands and saving trees.
He stated that the PUD zoning allows them site development flexibility. He indicated
that he had met with the managers of the Southfork Village Apartments and
explained the project to them. They are happy with the proposed project. Mr.
Hanish stated that they will be targeting young executives and retirees. He indicated
that JMS Homes will have a multitude of floor plans available for construction.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
the Kenwood Hills development consists of 45 detached townhouse dwelling units.
Along with the preliminary plat application, the development of the site also includes
a Comprehensive Plan amendment to change the land use designation from high
density residential to low/medium density residential and a Zoning Map amendment
to rezone the property from RH-1, Multiple Family Residential District to PUD,
Planned Unit Development District.
Mr. Licht reviewed why the developer is requesting a Comprehensive Plan
amendment and Zoning Map amendment along with the preliminary plat, which is
explained in detail in the November 13, 2014 planning report.
Mr. Licht indicated that the subject site will be accessed at its northeast corner by
the extension of Jurel Way. The extension of Jurel Way has been designed as a
local street due to the reduction of density proposed for this development. Jurel
Way will terminate as a temporary cul-de-sac at the southeast corner of the subject
site. Mr. Licht stated that the Kenwood Hills preliminary plat proposes two public
cul-de-sac streets within the development, both of which meet the requirements of
the Subdivision Ordinance.
Mr. Licht indicated that wetlands and wetland buffer areas are platted within Outlots
A and B, which will be deeded to the City in accordance with the Zoning Ordinance.
Mr. Licht indicated that the applicant is requesting a reduction in the required
building setback from the public right-of-way and the private drives from 30 feet to 25
feet.
Mr. Licht reviewed the proposed building designs submitted by the developer,
including exterior materials and garages. He also explained the private drives,
which would be allowed in under the PUD.
Mr. Licht stated that his office and City staff recommends approval of the
Comprehensive Plan amendment, Zoning Map amendment and the Kenwood Hills
preliminary plat subject to the 14 stipulations listed in the November 13, 2014
planning report.
Chair Lillehei opened the hearing to the public for comment.
Planning Commission Meeting Minutes, November 20, 2014 Page 13
There were no comments from the audience.
Motion was made by Swenson, seconded by Swenson to close the public
hearing at 7:45 p.m.
Ayes: Kaluza, Drotning, Swenson, Maguire, Lillehei, Reuvers
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Commissioner
Drotning commented that the Planning Commission held a work session regarding
this project, which proved to be very helpful for consideration of this preliminary plat.
Motion was made by Swenson, seconded by Reuvers to recommend to City
Council approval of the Comprehensive Plan amendment to re-guide property from
high density residential to low/medium density residential, Zoning Map amendment
to rezone property from RH-1, Multiple Family Residential District to PUD, Planned
Unit Development District, and the Kenwood Hills preliminary plat and PUD
development stage plans of 45 detached townhome lots, subject to the following 14
stipulations:
1. The exterior building materials shall comply with Section 11-57-19.C.4 of the
Zoning Ordinance requiring a minimum of 25 percent of the front façade have
brick, stone or stucco finish, with fiber cement siding used for the sides and
rear facades of each detached townhouse building.
2. The landscape plan shall comply with, and the developer must provide the
information required by, Section 11-57-19.I of the Zoning Ordinance.
3. The tree preservation plan is subject to review and approval by the City
Engineer and Environmental Resources Coordinator.
4. Outlots A and B shall be deeded to the City with the final plat.
5. All grading, drainage and erosion control plans shall be subject to review and
approval by the City Engineer.
6. All wetland impacts shall be subject to review and approval by the City
Engineer and Environmental Resources Coordinator.
7. All utility plans shall be subject to review and approval by the City Engineer.
8. All easements shall be subject to review and approval by the City Engineer.
9. Park dedication requirements shall be satisfied as a cash fee in lieu of land
based on the fee in effect at the time of final plat approval.
10. Documents establishing the homeowners association must be submitted for
review and approval by the City Attorney prior to approval of a final plat.
11. The Comprehensive Plan and Zoning Map amendments and the preliminary
plat are contingent upon the developer submitting formal written
documentation from Xcel Energy allowing the construction of public
improvements within the 75 foot wide utility easement that bisects the subject
property. This formal written documentation must be submitted prior to
consideration of the final plat.
12. The Jurel Way temporary cul-de-sac must be located within a temporary
turnaround easement and a security for the future removal of the temporary
cul-de-sac when Jurel Way is extended with the development of the adjacent
parcel to the east must be provided with the final plat.
Planning Commission Meeting Minutes, November 20, 2014 Page 14
13. The public cul-de-sac streets must be posted as no parking on one side and
the private drives must be posted as no parking on both sides.
14. The following building setbacks shall apply to the Kenwood Hills PUD:
Yard Setback
Base Lot 30ft
Street 25ft
Private Drive 25ft
Between Bldgs. 25ft
Guest Parking 15ft
Ayes: Drotning, Swenson, Maguire, Lillehei, Reuvers, Kaluza
Nays: 0
There being no further business, the meeting was adjourned at 7:51 p.m.
Respectfully submitted,
_______________________________________
Penny Brevig, Recording Secretary
ATTEST:
_______________________________________
Brooks Lillehei, Chair