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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 29 December 2015
RE: Lakeville – Kenwood Hills; PUD District amendment
TPC FILE: 135.01
BACKGROUND
The City Council on 1 December 2014 approved a Comprehensive Plan amendment for Low‐
Medium Density residential uses, rezoning to PUD District, preliminary plat and PUD
Development Stage Plan for Kenwood Hills. The proposed development, located at the
northwest quadrant of Kenwood Trail (CSAH 50) and 160th Street (CSAH 60) consists of 45
detached townhouse dwellings within 17.7 acres. The developer, Homestead Partners,
completed site work, utilities and street construction for 33 of 45 dwelling units during the
summer of 2015. A building permit was issued for the first model home in November 2015.
Application was subsequently made for a building permit for a second model home directly
adjacent to the first model. Upon review of the second building permit, City staff identified
that the preliminary plat and PUD Development Stage Plan provided for 10 feet between
buildings, whereas the PUD District and development agreement specify a minimum 20 feet
between buildings. The developer has applied for an amendment of the PUD District to allow
for the minimum 10 foot setback between buildings and a public hearing has been noticed for 7
January 2016 for the Planning Commission to consider the application.
Exhibits:
A. Site Location
B. Applicant Narrative dated
C. Preliminary Plat
D. Landscape Plan
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ANALYSIS
There are severe physical constraints effecting the potential development of the subject site,
including steep slopes and wetlands. There is also a 75 foot wide electric transmission line
easement bisecting the property that affects the site design for any proposed land use. The
developer designed their preliminary plat and PUD Development Stage Plan within the
constraints of the existing natural conditions of the site and the utility easement. The use of a
PUD District for Kenwood Hills was specifically based on the feasibility of developing the site in
consideration of these constraints, with standards based on those of the RST‐2, Residential
Single and Two Family Transition District, except as modified by the PUD Development Stage
Plan.
The RST‐2 District establishes a minimum setback of 20 feet between detached townhouse
buildings. This requirement was referenced as being applicable the preliminary plat and PUD
Development Stage Plan in the Planning Report dated 13 November 2014 prepared by this
office and carried forward in subsequent documents, including the development agreement
executed by the developer upon approval of the final plat. However, the developer’s narrative
for the current application explains that the unit lots illustrated on the preliminary plat are in
fact the building footprint for each detached townhouse dwelling and there is only a minimum
of 10 feet between buildings. Where there is a conflict between applicable provisions of the
Zoning Ordinance, the more restrictive provision applies in accordance with Section 11‐1‐1.D of
the Zoning Ordinance.
The intent of the minimum 20 foot setback between detached townhouse buildings within the
RST‐2 District is to establish adequate separation between structures to minimize visual
crowding and provide open spaces within higher density developments (compared with single
family neighborhoods). The performance standards for the RST‐2 District were adopted with
the Zoning Ordinance update in 2000. In 2010, the City established the RS‐4, Single Family
Residential District to provide for a more compact, traditional single family neighborhood with
70 foot minimum lot widths and seven foot side yard setbacks. In consideration of the side
yard setbacks required in the RS‐4 District, the City may reconsider the performance standards
(including setbacks between buildings) for detached townhouse dwellings as part of a future
Zoning Ordinance update for consistency with the goals and policies of the Comprehensive Plan
for low and medium density development identified on the 2030 Land Use Plan.
Notwithstanding future consideration of amendments to the performance standards within the
RST‐2 District, the PUD District established for Kenwood Hills allows the Planning Commission
to consider flexibility from the minimum setback between buildings for this specific
development. Section 11‐96‐1 of the Zoning Ordinance establishes the following purposes for
use of a PUD District, which are applicable to Kenwood Hills:
Provide for the establishment of PUD districts in appropriate settings and situations to
create or maintain a development pattern that complies with the comprehensive plan.
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Provide for variations to the strict application of the land use regulations [of the Zoning
Ordinance] in order to improve site design and operation, while at the same time
incorporating design elements (e.g., construction materials, landscaping, lighting, etc.)
that exceed the city's standards to offset the effect of any variations.
Promote a more creative and efficient approach to land use within the city, while at the
same time protecting and promoting the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
Preserve and enhance natural features and open spaces.
Maintain or improve the efficiency of public streets and utilities.
The PUD District for Kenwood Hills allows for the preliminary plat and PUD Development Stage
Plan that incorporates a reduced front setback of 25 feet from 30 feet for the proposed
detached townhouse dwellings and use of two cul‐de‐sac streets with two private drives
extending off of the terminus of one of the cul‐de‐sacs, as well as the 10 feet between buildings
as illustrated on the plans. That the dwellings are platted in a unit and base lot configuration as
detached townhouses, rather than traditional single family dwellings, also reflects measures
taken to preserve the significant environmental elements of the subject site. No negative effect
of having the proposed buildings setback a minimum of 10 feet apart is anticipated within the
development based on the use of higher quality, more durable LP Smartside exterior materials
on all four sides of the proposed detached townhomes and the implementation of the
approved landscape plan that provided front yard plantings for an attractive streetscape. A 10
foot setback between buildings as provided for on the preliminary plat and PUD Development
Stage Plan will not affect surrounding properties as the minimum 30 foot perimeter setback to
adjacent developable properties is met.
CONCLUSION
Our office finds that consideration of a reduced setback of 10 feet between buildings is
consistent with the objectives of the overall preliminary plat and PUD Development Stage Plan
for Kenwood Hills and the purpose for use of a PUD District. This conclusion is based
specifically on the original intent of the preliminary plat and PUD Development Stage Plan for
Kenwood Hills to preserve significant environmental elements of the subject site and the
constraints imposed by the existing utility easement. We recommend the Planning Commission
approve an amendment to the Kenwood Hills PUD District allowing a 10 foot minimum setback
between buildings.
Dakota County, MN
Property Information
December 29, 2015
08 7 5 1 , 7 5 0437.5 ft
02 7 0 5 4 0135 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
EXHIBIT A -
Kenwood Hills PUD
Site Location
Subject Site
EXHIBIT B
EXHIBIT C
EXHIBIT D