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Planning Commission Meeting Minutes, April 21, 2016 Page 6
Commissioner Lillehei reminded the neighbors that the subject property could be
used for the agricultural purposes allowed in the RA District. He indicated that the
neighbors do not own their view and they shouldn’t expect the property to remain the
way it is.
Commissioner Drotning asked Mr. Dempsey to re-state the timeline involved with the
subdivision of the Klotz’s parent parcel and the City’s Zoning Ordinance
requirements.
The Planning Commission agreed that the variance does not meet all of the criteria
of the Zoning Ordinance.
Motion was made by Drotning, seconded by Lillehei to recommend to City
Council approval of the Klotz Variance to allow construction of a single family home
on a non-conforming 1.29 acre parcel in the RA, Rural/Agricultural District, located
west of Judicial Road and south of the Lakeville/Burnsville city limits, as presented.
Ayes: 0
Nays: Lillehei, Swenson, Reuvers, Kaluza, Drotning, Kelvie, Einck
Motion was made by Lillehei, seconded by Reuvers to recommend to City
Council adoption of the Findings of Fact dated Aril 21, 2016.
Ayes: Swenson, Reuvers, Kaluza, Drotning, Kelvie, Einck, Lillehei
Nays: 0
8. Berres Ridge 2nd Addition
Chair Swenson opened the public hearing to consider the application of Berres
Ridge Development, LLC for the following, located north of 202nd Street (CSAH 50)
and east of Highview Avenue: A. Preliminary plat of 135 single family residential lots
to be known as Berres Ridge 2nd Addition, and B. Zoning Map amendment to rezone
a portion of the property from RS-3, Single Family Residential District to RS-4,
Single Family Residential District.
Bart Winkler and John Anderson from Berres Ridge Development, LLC, and Nick
Polta from Pioneer Engineering were in attendance at tonight’s meeting. Mr.
Anderson presented an overview of their request. Mr. Anderson stated that they are
proposing to reconfigure the original layout of the approved Berres Ridge preliminary
plat, but they will keep the same number of lots as the approved preliminary plat. He
explained that they are asking for a 50 foot right of way width for Hiawatha Court and
199th Court because there is an existing house on the adjacent lot to the west with
large pine trees and if they have to widen the cul-de-sac street right-of-way, the pine
trees will be impacted. They also felt that it was more important for the lots on the
cul-de-sac streets to have larger back yards. He asked that the Planning
Commission consider the 50 foot right of way width for the two cul-de-sacs.
Planning Commission Meeting Minutes, April 21, 2016 Page 7
Mr. Anderson requested that the developer be reimbursed for grading and
restoration for the portion of the eight foot wide bituminous trail on the east side of
Highview Avenue that is not adjacent to the Berres Ridge plat. He also questioned
why the developer would be responsible for placing the existing utility lines located
along the west side of Highview Avenue underground since it is adjacent to property
they do not own.
Mr. Anderson stated that they will final plat 63 lots this summer located on the west
side of the Berres Ridge 2nd Addition preliminary plat. They will have six different
home builders similar to Berres Ridge 1st Addition.
The Planning Commission accepted a letter from Paul and Sandra Anderson, who
live at 19970 Highview Avenue, which is the property with the pine trees discussed
earlier. The letter indicates their support for the cul-de-sacs with a 50 foot right of
way width.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that the Berres Ridge 2nd Addition preliminary plat consists of 135 single family
residential lots. The Zoning Map amendment would rezone 33 lots (which are listed
in the April 14, 2016 planning report) from RS-3, Single Family Residential District to
RS-4, Single Family Residential District. The developer is proposing to modify the
layout of the area generally located west of Hamburg Avenue, south of 198 th Street,
and north of 200th Street, but keep the overall lot count for the full Berres Ridge
development at 366.
Ms. Jenson indicated that all 135 lots in the Berres Ridge 2 nd Addition preliminary
plat meet the respective RS-3 or RS-4 lot area, width, depth and setback
requirements of the Zoning Ordinance. A small portion of Lot 1, Block C lies within
the adjacent City-owned property (Outlot B, St. John’s 1st Addition). The developer
will acquire this parcel in exchange for Outlot A, Berres Ridge 1 st Addition with the
recording of the Berres Ridge 2nd Addition final plat.
There are a total of seven outlots in the Berres Ridge 2 nd Addition preliminary plat.
Outlots A, C, and D will be reserved for future development, Outlots B, E and F will
be deeded to the City with the final plat, and Outlot G is a portion of the Berres
Ridge preliminary plat and should be shown as the lots and blocks approved with the
Berres Ridge preliminary plat prior to City Council consideration. Ms. Jenson
indicated that if the Berres Ridge 2nd Addition preliminary plat is approved with Outlot
G as shown, that area would be required to be re-preliminary platted in the future
before it could be final platted as lots and blocks.
Ms. Jenson reviewed the streets, sidewalks and trails that are proposed with the
Berres Ridge 2nd Addition and which are described in detail in the April 14, 2016
engineering report.
There are 378 significant trees located within the Berres Ridge 2nd Addition
preliminary plat. 107 Trees (28%) are proposed to be saved.
Planning Commission Meeting Minutes, April 21, 2016 Page 8
Ms. Jenson stated that Planning Department staff recommends approval of the
preliminary plat and Zoning Map amendment, subject to the 12 stipulations listed in
the April 14, 2016 planning report, along with adoption of Findings of Fact dated
April 21, 2016.
Chair Swenson opened the hearing to the public for comment.
Bill Penning, 20160 Hamburg Avenue
Mr. Penning commented that he feels the neighbors have been kept in the dark
about this plat. The public hearing notice was the first that he heard of this
development. He feels there should be better communication from the developer
and/or City. He had concerns about future improvements to Hamburg Avenue and
County Road 50. He suggested that the developer have a meeting with the
neighbors to discuss the improvements.
Judy Tonak, 20140 Hamburg Avenue
Ms. Tonak concurred with Mr. Penning about not having been informed of this plat.
Her other concerns were:
Concerned about the extension of Hamburg Avenue as part of the Berres
Ridge development. She does not want to pay for everyone else’s upgrades
to the roads in the area.
The upgrade to Hamburg Avenue will be very noisy and very dusty since their
section of Hamburg Avenue is not paved.
She heard that there was going to be a roundabout at the Hamburg and
CSAH 50 intersection.
Complained about water run-off onto her property.
Rich Tonak, 20140 Hamburg Avenue
Mr. Tonak reiterated his wife’s concerns about water runoff onto their property. He
stated that easements were filed against their property without their knowledge.
Motion was made by Kelvie, seconded by Reuvers to close the public hearing
at 7:18 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for a response to the questions and comments made by the
developer and the neighbors. Discussion points included:
Nick Polta from Pioneer Engineer addressed the drainage and grading issues
and the reduced right of way width request for the two cul-de-sac streets. He
indicated that Berres Ridge 1st Addition included the construction of two
ponding areas, which are substantially complete, located along County Road
50. These ponding areas will meet the City’s requirements for rate, volume
control and retention. He also provided additional explanation behind the
Planning Commission Meeting Minutes, April 21, 2016 Page 9
developer’s request for the 50 foot right of way width for the two cul-de-sac
streets.
Alex Jordan explained City staff’s recommendation for the 60 foot cul-de-sac
right of way width in relation to Subdivision Ordinance requirements. He also
stated that there would never be easements recorded on a property without
the owners’ knowledge.
The Planning Commission agreed with staff’s recommendation that the plans
be modified to show a 60 foot right of way width for Hiawatha Court and 199th
Court. The Planning Commission agreed that they were comfortable with the
existing and proposed Berres Ridge ponding, drainage and grading.
The Berres Ridge plat will dedicate 80 feet of right of way for 200th Street from
Heritage Drive to Hamburg Avenue. Traffic calming options are being
considered for this segment of 200th Street.
Mr. Jordan stated that a traffic study was prepared with the Berres Ridge
preliminary plat recommending that the gravel segment of 200th Street
between Hamburg Avenue and Cedar Avenue, which is east of the site, be
paved prior to reconstruction of the 200th Street and Hamburg Avenue
intersection with a future phase of the Berres Ridge development due to the
increased traffic volumes that will occur on that segment of 200 th Street as a
result of the Berres Ridge development.
City staff explained the public notification process. Neighborhood meetings
are hosted by the developer on a case-by-case basis and are not a
requirement of the City. City staff will suggest a developer host a
neighborhood meeting when the use proposed by the development is
different than the surrounding neighborhood, such as commercial next to
residential.
The burial of the existing overhead utility lines along the west side of
Highview Avenue and the costs associated with the construction of the trail on
the east side of Highview Avenue outside of the plat were discussed. Mr.
Morey indicated that staff will discuss these items prior to the preliminary plat
being considered by the City Council.
Commissioner Lillehei stressed to the neighbors the importance of educating
themselves about development occurring in their neighborhoods. Public
hearing notices are published in the local newspaper and residents can call
the City to get development project information.
Mr. Tonak stated that he felt it should not be up to the residents to find out all
the information on a development. It should be the City’s and developer’s
responsibility. He stated that it is difficult to follow up on something that one
doesn’t know anything about. Mr. Morey indicated that staff will talk to Mr.
Tonak about his concerns after tonight’s meeting.
Motion was made by Kelvie, seconded by Drotning to recommend to City
Council approval of the Berres Ridge 2nd Addition preliminary plat of 135 single
family residential lots and a Zoning Map amendment to rezone a portion of the
property from RS-3, Single Family Residential District to RS-4, Single Family
Residential District, subject to the following 12 stipulations, and adoption of the
Findings of Fact dated April 21, 2016:
Planning Commission Meeting Minutes, April 21, 2016 Page 10
1. The recommendations listed in the April 21, 2016 engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. The developer’s acquisition of City-owned land in exchange for Outlot A, Berres
Ridge 1st Addition will be processed in conjunction with the final plat.
4. Prior to consideration by the City Council, the preliminary plat shall be modified to
remove Outlot G and show the areas previously approved with the Berres Ridge
preliminary plat.
5. The developer shall modify the plat to show Hiawatha Court and 199 th Court with
a 60 foot right of way.
6. The developer shall construct five-foot wide concrete sidewalks along one side of
Henley Lane, Harvest Drive, Harrisburg Way, Hexham Way, and 198th Street.
7. The developer must construct five-foot wide concrete sidewalks on both sides of
200th Street and Hamburg Avenue. The developer must construct an eight foot
wide bituminous trail on the east side Highview Avenue.
8. “Future Street Extension” signs and barricades must be placed at the end of
Hexham Way and 198th Street.
9. A temporary turnaround must be constructed within a temporary turnaround
easement and must be paved within one year on Hexham Way.
10. All corner lots along Hamburg Avenue must have their driveway access from the
adjacent side street. This applies to Lots 17 and 19, Block F; Lots 1 and 8, Block
G; and Lots 6 and 7, Block H.
11. All corner lots along 200th Street must have their driveway access from the
adjacent side street. This applies to Lots 1, 11, and 12, Block A; Lots 9 and 10,
Block B; Lot 12, Block D; and Lot 1, Block E.
12. Outlots B, E and F shall be deeded to the City with the final plat.
Ayes: Reuvers, Kaluza, Drotning, Kelvie, Einck, Lillehei, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
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Berres Ridge 2nd Add.
Preliminary Plat area
H I G H V I E W
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194 th St
200TH ST
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202ND ST (CSAH 50)
195TH ST
City of LakevilleLocation Map
Berres Ridge 2nd Add
Preliminary Plat
RezoningEXHIBIT A
H E R I T A G E D R
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200TH ST
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EXHIBIT B
City of LakevilleLocation and Zoning Map
Berres Ridge 2nd Add.
Preliminary Plat
Rezoning
BERRES RIDGEPRELIMINARY PLAT
200TH ST
202ND ST HA
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EXISTING CONDITIONS 3
EXISTING CONDITIONS
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BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 22 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 33 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 44 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 55 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 66 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 77 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 88 OOFF 99
BBEERRRREESS RRIIDDGGEE 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT
AAPPRRIILL 1144,, 22001166
PPAAGGEE 99 OOFF 99