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HomeMy WebLinkAboutLEE LAKE PLAT MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 27 April 2017 RE: Lakeville – Lee Lake Subdivision; PUD Development Stage Plan TPC FILE: 135.01 BACKGROUND Guardian Development Company of Wyoming, LLC has submitted plans for a mixed use development consisting of a 120-unit multiple family building, a 62,400 square foot enclosed self-storage facility, and a 12,000 square foot multiple tenant retail building on 24.55 acres located at the southwest quadrant of I-35 and CSAH 46. The subject site is adjacent to Kenyon Avenue and abuts the east shoreline of Lee Lake. The development requires consideration of an ordinance amending the existing Jackson Landscaping PUD, Planned Unit Development District governing the property to allow for the proposed uses, a PUD Development Stage Plan, conditional use permit for a planned shoreland development, preliminary plat, and final plat. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 4 May 2017. Exhibits: A. Site location B. Preliminary Plat C. Final Plat D. Existing Conditions E. Removals Plan F. Master Site Plan G. Phase 1 Site Plan (2 pages) H. Erosion Control Plan I. Tree Preservation Plan 2 J. Grading Plan (3 pages) K. Utility Plan L. Storm Sewer Plan M. Architectural Site Plan (2 pages) N. Landscape Plan (3 pages) O. Lighting Plan (3 pages) P. Site Access and Signage Plan Q. Multiple Family Building Floor Plans (4 pages) R. Multiple Family Building Exterior Elevations and Perspective Views (8 pages) S. Self-Storage Building Floor Plans (5 pages) T. Self-Storage Building Exterior Elevations (3 pages) U. Neighborhood Meeting Notes ANALYSIS Comprehensive Plan. The 2008 Comprehensive Plan guides the subject site for commercial land uses. The retail use illustrated on the site plan is consistent with this land use designation. Regarding the proposed multiple family use, the City Council, at a work session on 28 March 2016, requested that City staff provide preliminary information as to possible actions that could be taken within the City’s land use controls to address increased demand for multiple family development. This effort is being initiated in response to contacts made by several developers interested in possible multiple family developments and in consideration of the Economic Development Commission’s 2014-2016 Strategic Plan for Economic Development that identified high density housing as a strategic priority. Direction was given by the City Council that City staff will work with developers on consideration of multiple family uses within existing commercial districts though establishment of a PUD District using the performance standards of the RH-2 District as a basis. The Planning Commission discussed this issue at a work session on 21 July 2016 and supports the PUD District approach. Self-storage facilities are generally considered to be a warehousing use allowed in areas guided for industrial or office park, even though they are accessible to the general public for residential storage and not directly business related. There have been increasing numbers of self-storage facilities being constructed in commercial districts within the Twin Cities area. These facilities can provide for a secondary use of a property that maximizes available lot area and provides efficiency of development. The proposed self-storage facility shown on the site plan is an example of such a development approach and is appropriate for the site. Zoning. The subject site is zoned PUD, Planned Unit Development District and is also within the Shoreland Overlay District of Lee Lake. Consideration of the retail commercial, multiple family residential, and enclosed self-storage uses shown on the submitted plans requires approval of an amendment to the existing Jackson Landscape PUD District and approval of a PUD Development Stage Plan for the multiple family and self-storage uses. A PUD Development Stage Plan will be required for the retail building in the future at the time of 3 development. The PUD District will also address the performance standards of the Shoreland Overlay District as a planned shoreland development in accordance with the provisions of Section 11-102-21 of the Zoning Ordinance. Surrounding Land Uses. The subject site is surrounded by the following existing and planned land uses shown in the table below. The proposed development will be compatible with commercial uses within the I-35 Corridor and is separated from residential uses to the west by Lee Lake and preservation of natural open spaces. The proposed development will actually serve to buffer Lee Lake and residential uses to the west from I-35 traffic related impacts. Direction Land Use Plan Zoning Map Existing Use North Commercial C-3 District Senior housing East -- -- I-35 South Commercial PUD District Celebration Church West LD Residential RS-3 District Lee Lake Single Family Homes Setbacks. The table below illustrates setback requirements applicable to the proposed development based on establishment of a PUD District and the requirements of the Shoreland Overlay District as outlined in Section 11-102-13.D of the Zoning Ordinance. The setbacks of the three principal buildings shown on the submitted plans comply with the Zoning Ordinance. Off-street parking areas are shown to be setback 15 feet from Kenyon Avenue right-of-way as required by Section 11-19-11.C of the Zoning Ordinance. Off-street parking areas are also subject to the structure setbacks outlined in Section 11-102-13.D of the Zoning Ordinance for the Shoreland Overlay District. All of the off-street parking areas as shown on the submitted plans comply with the minimum 113 foot setback requirement. ROW Perimeter Between Buildings OWHL Parking ROW Side/Rear 30ft. 30ft. 25ft. 113ft.1 15ft. 5ft. 1. Increased setback required per Section 11-102-21.D.2.b of the Zoning Ordinance for allowed residential density increase. Open Space. Section 11-102-21.C of the Zoning Ordinance establishes minimum open space requirements for planned shoreland developments. The Zoning Ordinance requires 50 percent of the total project area and 70 percent of the Shoreland Impact Zone to be preserved as open space excluding building foundations, public rights-of-way, off-street parking areas, drive aisles, storm water basins, and other developed areas. Information included with the submitted plans indicates that 18.05 acres or 73.5 percent the subject site is preserved as open space. Section 11-102-19.C.3 of the Zoning Ordinance requires that commercial uses without water oriented needs be located on parcels without water frontage. In order to comply with the intent of this provision, the entire Shoreland Impact Zone for the subject site is to be platted as Outlot A and deeded to the City to be preserved as open space. The area of preserved open space within the subject site complies with the requirements of the Zoning Ordinance. 4 Impervious Surface. Section 11-102-13.F of the Zoning Ordinance establishes limits for impervious surface for developments within the Shoreland Overlay District to 25 percent of the lot area. The submitted plans identify impervious area of 3.02 acres of the 15.17 acre non-lake area of the subject site as impervious surfaces, which is equal to 19.9 percent of non-lake area of the subject site. The proposed impervious surface within the subject site complies with the limits of the Zoning Ordinance. Residential Density. Development of multiple family dwelling uses within a Shoreland Overlay District as part of a planned shoreland development and PUD District is subject to the density limits calculated in accordance with Section 11-102-21.D of the Zoning Ordinance. The allowed density for the proposed residential use is calculated by dividing the net suitable area of each tier by the single family residential lot size standard for the Shoreland Overlay District applicable to Lee Lake of 15,000 square feet for a non-abutting lot. The calculation of allowed residential density is shown below using the information regarding the tier areas shown on the site plan. Section 11-102-21.D.2.b of the Zoning Ordinance allows for an increase in residential development density if the minimum setback from the OHWL is increased 50 percent (to 113 feet), which the proposed multiple family building complies with. Tier Area* Min. Lot Area/DU Allowed DU Density Increase Max. Density 1 574,586sf. 15,000sf. 38 50% 57 *Developer must verify net suitable area Section 11-102-21.D.2.d of the Zoning Ordinance establishes a Residential Shoreland Density Reserve of 209 dwelling units that the City may allocate at its discretion to developments within the Shoreland Overlay District. The City has previously allocated 146 dwelling units from the Residential Shoreland Density Reserve leaving 63 available. With 63 dwelling units available for transfer from the Residential Shoreland Density Reserve, the proposed 120 unit multiple family building complies with Shoreland Overlay District density limits. Street. Kenyon Avenue is a rural section street abutting a portion of the subject site that will be required to be upgraded to an urban section as part of the development. An eight foot wide concrete sidewalk is provided on the west side of Kenyon Avenue south of CSAH 46 to the first driveway to the Kent 46 development. The City will undertake a public improvement project to reconstruct the rural section of Kenyon Avenue abutting the subject site and extend the sidewalk. Right-of-way needs for Kenyon Avenue are subject to review and approval by the City Engineer. Access. The uses shown on the submitted plans are accessed via two shared driveways to Kenyon Avenue. Kenyon Avenue is designated by the Transportation Plan as a major collector roadway. Section 11-19-7.I.6 of the Zoning Ordinance requires driveway access from a site with multiple commercial uses to a major collector street be spaced 125 feet from the nearest 5 intersection and 200 feet between driveways. The location of the two driveways to the subject site are subject to review and approval of the City Engineer. Ingress/egress, shared parking, and utility easements are required for all drive aisles, off-street parking areas, and private utilities within Lots 1-3, Block 1. Off-Street Parking. The table below summarizes off-street parking that will be required to be provided for each of the uses. The off-street parking requirement for the multiple family use would be applied through a PUD District based on development within 2,500 feet of a transit facility and an average of 2.0 bedrooms or less per dwelling unit. The proposed multiple family building has 1.38 bedrooms per dwelling unit. Depending on the occupancy of the multiple tenant retail building (with a restaurant or without), the subject site either has sufficient parking or a parking deficit of 6 stalls by Zoning Ordinance requirements. In that the parking deficiency by Zoning Ordinance requirements is less than two percent of the required stalls, the six stalls not provided are anticipated to be off-set by the peak demand of the three principal uses and the parking provided on site is adequate. Use Area Requirement Required Stalls Stalls Provided Multiple Family 120 du. 2/du with one enclosed/du 120 surface 120 indoor 240 total 120 surface 124 indoor 244 total Retail 12,000sf. No restaurant: 1/200nsf. 54 63 W/restaurant: 1/160nsf. 68 Self-Storage 62,400sf. ITE: 0.14 stalls/1,000gsf. 9 5 Total 303-317 311 The submitted plans illustrate the surface parking stalls to be nine feet by 20 feet and accessed by 24 foot wide drive aisles as required by Section 11-19-7.I.1 of the Zoning Ordinance. Building plans showing the proposed interior parking have been submitted and provide for stalls a minimum of nine feet wide by 18 feet deep and accessed by 26 foot wide drive aisles. The off- street parking stalls will be surfaced with asphalt and surrounded by perimeter concrete curb as required by Section 11-19-7.I.12 and 15 of the Zoning Ordinance. Building Materials. Building elevation plans have been submitted for the multiple family building and self-storage building and both include a schedule of exterior materials. • The exterior of the multiple family building utilizes a combination of brick, stone, cedar siding and fiber cement siding with articulation of the building elements and changes in color/texture to provide a varied and attractive appearance for the building that minimizes mass. The multiple family building is required to comply with the minimum exterior finish requirements for uses within the RH-1 District as established by Section 11-61-19.B of the Zoning Ordinance. Brick or stone exterior finish materials must be used for at least 50 percent of the combined area of elevations of the proposed building. The schedule of exterior materials includes the percentage of each material 6 used on each elevation and the overall exterior of the multiple family building. The overall use of stone, brick and brick cast concrete exterior materials is 53 percent of the overall building exceeding the requirements of the Zoning Ordinance. • The exterior finish for the self-storage building is required to comply with the minimum exterior finish requirements for uses within the C-3 District. Section 11-17-9.D.1 of the Zoning Ordinance requires the building to use a minimum of three Grade A materials listed in Section 11-17-9.B of the Zoning Ordinance for a minimum of 65 percent of the area of the building elevations. Grade B or C materials defined in Section 11-17-9.B of the Zoning Ordinance may be used for up to 35 percent of the area of the elevations, or 10 percent Grade D materials may also be used. The exterior finish consists of brick, two forms of stucco, metal panel, and a glass storefront. Brick, stone and glass are Class A materials and are 68 percent of the exterior finish. The exterior finish of the proposed self-storage building complies with the requirements of the Zoning Ordinance for uses in the C-3 District. • No plans have been provided for the future retail building. Development of the future retail building will be subject to the exterior finish requirements for principal buildings within the C-3 District established by Section 11-17-9.D.1 of the Zoning Ordinance Building Height. There is no maximum height limit established for a PUD District. The maximum building height allowed in the underlying C-3 District is three stories or 35 feet, although buildings up to 6 stories or 65 feet (whichever is less) are allowed as a conditional use by Section 11-73-7.P of the Zoning Ordinance. • The multiple family building is to be three stories in height with a flat roof except for a center architectural design element. The height of the proposed building as defined by Section 11-17-7.A of the Zoning Ordinance from mean ground level to the mid-point of the pitched roof portion of the building is 46 feet. • The self-storage building is proposed to be four stories. The height of the self-storage building is 44 feet to a flat roof, with a two-foot high parapet, which would screen rooftop mechanical equipment. The proposed building heights are consistent with the allowances for structures within the C-3 District and appropriate for the subject site abutting the I-35 corridor. Residential Floor Area. The proposed multiple family building includes the following dwelling units shown in the table below. The floor area of the individual units complies with the requirements of Section 11-17-13.B of the Zoning Ordinance: 7 Unit Number Of Units % of Total Min. Area Min. Area Required Studio 26 22% 573sf. 500sf. 1 Bedroom 54 45% 703sf. 700sf. 2 Bedroom 34 28% 975sf. 800sf. 3 Bedroom 6 5% 1,218sf. 880sf. Section 11-17-15 of the Zoning Ordinance limits the number of studio apartments to 10 percent of the total number of dwelling units. The proposed number of studio apartments within the proposed building is 22 percent of the total. However, given the location of the proposed multiple family use within a mixed use development adjacent to the I-35 transit corridor, the proposed number of studio apartments is appropriate for the development and may be allowed as part of the PUD Development Stage Plan. Landscaping. The subject site is mostly devoid of tree cover outside of the shoreline area. The submitted plans include a landscape plan for the overall site and phase 1 (not including Lot 1) as required by Section 11-21-9 of the Zoning Ordinance. The landscape plan provides general site and foundation plantings, screening of off-street parking areas from view of the public right-of- way and the building from view of residential properties to the west. Landscaping was added to the site plan adjacent to the drive aisle to/from the underground garage for the multiple family building to ensure headlight glare is not cast towards Lee Lake. Quantities of the landscaping are generous and plant sizes comply with Section 11-21-9.C.1 of the Zoning Ordinance. Signs. The submitted plans identify the following signs: • There is monument sign identifying the multiple family building shown to the west of the north site access to Kenyon Avenue. The proposed sign is setback 15 feet from the public right-of-way as required by Section 11-23-21 of the Zoning Ordinance. The sign plan indicates that the area will be 100 square feet or less and comply with Section 11- 23-19.B.1.a(2) regulating signs for multiple family uses within the RH-1 District. • The self-storage facility has two signs on the east elevation facing I-35, one that is 57 square feet and a second that is 81 square feet. There is also a 36 square foot sign identifying the use on the north façade along with three directional signs, two that are seven square feet and one that is 4.5 square feet. There is no freestanding sign shown for the self-storage facility. Given that the east and north elevations of the self-storage facility face a public street and shared private drive, installation of signs on both elevations is consistent with Section 11-23-19.E.1.b(1) of the Zoning Ordinance. The number and area of the proposed wall signs is also consistent with Section 11-23- 19.E.1.b(3) of the Zoning Ordinance for single occupancy commercial buildings larger than 45,000 square feet. 8 • No signs are identified for the proposed future retail building on Lot 1, Block 1. Signs for this use will be subject to the provisions of Section 11-23-15.R and Section 11-23-19.E of the Zoning Ordinance. Exterior Lighting. A photometric lighting plan indicating the type, location, height, and illumination pattern of all proposed exterior lighting has been submitted, which is subject to compliance with Section 11-16-17 of the Zoning Ordinance. All exterior lighting is to be shielded as required by Section 11-16-17.B.1 of the Zoning Ordinance and intensity is limited as outlined by Section 11-16-17.A of the Zoning Ordinance. Pole mounted fixtures are limited to 35 feet and building mounted fixtures cannot exceed the height of the building in accordance with Section 11-16-17.C of the Zoning Ordinance. The majority of the exterior lighting for the surface parking areas will be screened from view of Lee Lake by the multiple family building, as well as existing and proposed landscaping. The photometric lighting plan indicates that no light is cast onto Outlot A or onto public rights-of-way. The proposed lighting plan complies with the requirements of the Zoning Ordinance. Grading. A grading, drainage, and erosion control plan has been submitted for the subject site. A tree preservation plan identifying existing significant trees and those to be removed has also been submitted for evaluation in conjunction with the proposed grading plan. Existing trees within the Shoreland Impact Zone must be preserved to the extent possible in compliance with Section 11-102-19.A of the Zoning Ordinance. A storm water basin will be constructed within Outlot A, which will be deeded to the City as required by Section 10-4-4.D of the Subdivision Ordinance. A privately-owned and maintained storm water basin will be located within Lot 2, Block 1. All grading, drainage, erosion control, and storm water management issues are subject to review and approval of the City Engineer. Utilities. Section 11-102-12.B of the Zoning Ordinance requires all uses within the proposed development to be served by municipal sanitary sewer and water utilities. The subject site is within the MUSA and utilities are available at the property for connection. A utility plan has been submitted and all utility issues are subject to review and approval of the City Engineer. Easements. All lots proposed as part of the preliminary plat and final plat must provide for 10 foot wide drainage and utility easements at their perimeter as required by Section 10-4-4 of the Subdivision Ordinance. The final plat illustrates a 10 foot easement abutting the Kenyon Avenue right-of-way but not along interior lot lines. All easements are subject to review and approval of the City Engineer. Park Dedication. The Parks, Trails, and Open Space Plan does not identify acquisition of land for public park facilities within the area of the subject site. Park dedication requirements established by Section 10-4-8 of the Subdivision Ordinance will be satisfied as a cash fee in lieu of land at the time of final plat approval. The cash fee in lieu of land will be determined based on the following fee schedule established for the respective land uses within the proposed development: 9 Lot Use 2017 Fee Schedule Area or DU Cash Fee in Lieu of Land 1 Retail $7,693/ac. 1.49ac. $11,462.57 2 Multiple Family $1,972/du. 120du. $236,640.00 3 Self-Storage $7,693/ac. 0.94ac $7,231.42 Total $255,333.99 Billboard. There is an existing billboard within the property. Section 11-23-15.W of the Zoning Ordinance makes billboards a principal use of property, which are not allowed to be located on a lot with another principal use. As such, the existing conditions and removal plan sheets must identify the billboard and indicate its removal from the proposed PUD Development Stage Plan. Neighborhood Meeting. The developer hosted a neighborhood meeting for the proposed development on 14 March 2017 at Bowlero near the subject site. City staff was present and there were 30 residents in attendance. Comments received during the neighborhood meeting were incorporated into the revised plans submitted with the development applications. CONCLUSION The proposed Lee Lake Subdivision promotes the goals of the 2008 Comprehensive Plan and 2014-2016 Strategic Plan for Economic Development and is consistent with the approach discussed by the City Council and Planning Commission for allowing opportunity for multiple family uses at appropriate locations along transportation corridors integrated with planned commercial development. The PUD Development Stage Plan for the mixed use development is further consistent with the intent of Zoning Ordinance performance standards for multiple family, commercial, and shoreland development. Our office and City staff recommend approval of the applications subject to the following conditions: 1. The submitted plans and applications shall be subject to review by the DNR. 2. The developer shall provide for ingress/egress and cross parking and utility easements over drive-aisles, surface parking stalls and private utilities within Lots 1-3, Block 1. 3. Construction of the future retail building on Lot 1, Block 1 shall be subject to PUD Development Stage Plan approval. 4. All grading, drainage, erosion control, and storm water management issues are subject to review and approval of the City Engineer. 5. All utility issues are subject to review and approval of the City Engineer. 10 6. Park dedication requirements shall be satisfied as a cash fee in lieu of land in accordance with Section 10-4-8 of the Subdivision Ordinance and the 2017 Fee Schedule. 7. The existing billboard within the subject site shall be removed from the subject site consistent with Zoning Ordinance requirements prior to the issuance of any building permits. c. Justin Miller, City Administrator David Olson, Community and Economic Development Director Alex Jordan, Senior Project Engineer John Hennen, Parks and Recreation Director Andrea McDowell Poehler, City Attorney ± 162ND ST (CS AH 46) City of LakevilleAerial MapLee Lake SubdivisionPreliminary & Final PlatConditional Use PermitEasement VacationPUD AmendmentEXHIBIT A KENYON AVE I-35KENORA WAY KENT T R L 166TH ST BU C K H I L L R D Lee Lake Subdivision City of Lakeville Planning Department Memorandum To: File From: Daryl Morey, Planning Director Date: March 16, 2017 Subject: Lee Lake Commercial Neighborhood Meeting The development team hosted a neighborhood meeting for the Lee Lake Commercial project on March 14, 2017 at 6:00 p.m. at Bowlero. Staff present included Planning Director Daryl Morey, Project Engineer Alex Jordan, and planning consultant Daniel Licht of TPC. There were 30 residents in attendance. Resident Questions/Concerns: • Concern about parking lot runoff, especially road salt, into Lee Lake. • Will there be testing of Lee Lake water quality before and after construction? • How close are the proposed site development and grading activities to Lee Lake? • Will there be access to Lee Lake for recreational activities available to apartment residents or the general public? • Is the Lee Lake outlet maintained regularly? • Will the existing garbage adjacent to Lee Lake be cleaned up as part of the development of the site? • Have soil samples been taken? Were any contaminants found? • Is the site part of the Vermillion River watershed? • Concern about glare from the parking lot lighting, the apartment trail lighting, and the wall lighting on the back of the apartment building. • Will there be lighting of the apartment building’s outdoor recreation area? • Concern about the density of apartment use. • What is the definition of a market rate apartment? • What are the apartment rents ($1,000-1,800/month) and target market (young professionals)? Some in attendance felt the rents were too low because apartments in adjacent cities are higher without a lake amenity. • What are the length and terms of the apartment leases? • Concern about the apartment management and long-term maintenance. • How will the apartment management deal with late night noise complaints? • Will the apartment playground be open to the public? 2 • What are the hours of the proposed sky deck on the back side of the apartment building? • What are the apartment building and private trail setbacks from Lee Lake? • What is the height of the existing trees on the east side of Lee Lake that will remain in relation to the height of the apartment and indoor storage buildings? • Will there be traffic signals at the CSAH 46/Kenyon Avenue and CSAH 5/Kenyon Avenue intersections? • What is the project construction timeline? • There needs to be screening of the vehicle headlights within the parking lot/driveway as viewed from the lake. • What is the impervious surface coverage for the proposed development? • How much tax revenue will be generated by the development? • What will the future retail uses be? • The indoor storage facility seems out of place on the site. • Will the indoor storage facility have a separate owner? • What are the hours of the indoor storage facility? • The indoor storage building design and exterior building materials should be similar to the apartment building. • Will there be windows on the west elevation of the storage building that allows interior lights to be visible from the exterior? • Can the development plans and City staff’s meeting notes be posted on the developer’s website? • When is the public hearing for the proposed development? • Is the developer held accountable to not change his plans following City Council approval? The neighborhood meeting ended at approximately 7:35 p.m. 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On May 4, 2017, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Guardian Development Company of Wyoming, LLC for a conditional use permit to allow a planned shoreland development for Lee Lake Subdivision. The Planning Commission conducted a public hearing on the conditional use permit application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The subject property is located in Comprehensive Planning District 1, which guides the property for commercial land uses. 2. The subject site is zoned PUD, Planned Unit Development District. 3. Legal description of the property is: All that part of the Southwest Quarter of the Northeast Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying westerly of the westerly right-of-way line of Interstate Highway No. 35 including West Frontage Road, except Parcel 1, Dakota County Right-of-Way Map No. 147 4. Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: Implementation of the 2008 Comprehensive Land Use Plan includes allowance and performance standards for multiple family housing and commercial uses within shoreland areas. The proposed use is consistent with the policies of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed development will be compatible with commercial uses within the I-35 Corridor and is separated from residential uses to the west by Lee Lake and preservation of natural open spaces. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. 2 Finding: The proposed use complies with the requirements of the Zoning Ordinance and performance standards established by the PUD District. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and can be accommodated by existing public services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed from Kenyon Avenue, which has adequate capacity for traffic generated by the proposed use. 5. The report dated 27 April 2017 prepared by The Planning Company LLC is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit in the form attached thereto. DATED: May 4, 2017 LAKEVILLE PLANNING COMMISSION BY: __________________________ Jason Swenson, Chair City of Lakeville Public Works – Engineering Division Memorandum To: Daryl Morey, Planning Director From: Alex Jordan, Senior Project Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Jerilyn Erickson, Finance Director Gene Abbott, Building Official Dave Olson, Community and Economic Development Director Date: April 28, 2017 Subject: Lee Lake Subdivision • Preliminary Plat Review • Site Plan Review • Grading and Erosion Control Plan Review • Utility Plan Review • Easement Vacation BBAACCKKGGRROOUUNNDD Guardian Development Company of Wyoming, LLC has submitted a preliminary plat named Lee Lake Subdivision and PUD Development Stage Plans to construct a three-story 120-unit apartment building, and a four-story conditioned storage building. The proposed development is located south and west of and adjacent to Kenyon Avenue, south of 160th Street (CSAH 46) and west of Interstate 35. The parent parcels consist of two meets and bounds parcels zoned PUD, Planned Unit Development (PID No. 220011008013) and C-3, General Commercial District (PID No. 2200110080104). The preliminary plat consists of three lots within one block and one outlot on 24.55 acres. The proposed development will be completed by: Developer: Guardian Development Company of Wyoming, LLC Engineer/Surveyor: Wenk Associates LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 22 OOFF 88 SSIITTEE CCOONNDDIITTIIOONNSS The existing site consists of multiple previous uses. A portion of the site contains an existing commercial rental business while the majority of the site was previously used as a commercial landscape business and storage area. Existing buildings and site improvements are located on the site and are planned for removal with the development improvements. The removals shall include, but are not limited to: buildings, concrete, bituminous, and gravel parking surfaces, fences, well and septic tanks, retaining walls, and fuel tanks. The Developer shall post a security with the final plat to ensure all removals are completed per all applicable codes and regulations. EEAASSEEMMEENNTT VVAACCAATTIIOONN Several existing public and private easements exist on the parent parcels. The Developer shall vacate the following public easements with the preliminary plat, contingent on City Council approval of the final plat: • Drainage and Utility Easement per Document No. 3023214 • Public Drainage, Utility, and Sloping Easement per Document No. 1107262 The following private easements shall not be vacated and will remain on the parent parcels: • Highway Drainage Easement per Document No. 343601 • Electric Utility Easement per Doc No. 730898 SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Kenyon Avenue Lee Lake Subdivision is located south and west of Kenyon Avenue, a major collector roadway as identified by the City’s Transportation Plan. Kenyon Avenue is currently constructed as a two-lane urban roadway adjacent to the north plat boundary and a two-lane rural roadway adjacent to the east plat boundary. An 8-foot wide sidewalk is located along the north side of Kenyon Avenue. The Developer shall construct an eastbound right turn lane along Kenyon Avenue at the location of the north driveway entrance with the development improvements. The final design of the turn lane improvements will be reviewed with the final construction plans. The Developer shall post an escrow for the future upgrade of Kenyon Avenue with the final plat, calculated as a length of the plat boundary adjacent to the rural section of Kenyon Avenue. The upgrade of the rural section of Kenyon Avenue adjacent to the plat is not included in the City’s current Capital Improvement Plan (CIP). The City is anticipating including improvements to Kenyon Avenue in 2018 in the draft 2018-2022 CIP. LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 33 OOFF 88 The parent parcels were previously assessed for the street and utility improvements to Kenyon Avenue (assessment Nos. 0938 and 0945 for City Project 91-3). The remaining balance of $7,163.84 shall be paid with the final plat. The Developer shall provide a security for one year of real estate taxes with the final plat. SSIITTEE PPLLAANN Lee Lake Subdivision includes the construction of a 120-dwelling unit 3-story apartment building (Lot 2), a 4-story conditioned storage building (Lot 3), and plans for the future construction of a retail building (Lot 1). Access to the site will be from two driveway entrances along Kenyon Avenue, on the north and east plat boundaries. The driveway design includes commercial concrete driveway aprons, stop signs, stop bars, cross walk striping and pedestrian curb ramps. The Developer shall provide an escrow with the final plat for the future construction of the commercial driveway entrance for the south driveway, which will be constructed with the future improvements to Kenyon Avenue. An underground parking garage for the apartment building and a shared at-grade parking lot will be constructed to provide for resident, customer, employee and guest parking. Access to the underground parking garage will be from the south side of the apartment building. A portion of the shared at grade parking lot on Lot 1, Block 1 will not be constructed with the first phase final plat improvements. The additional parking area will be constructed at the time a site plan application is submitted to the City for building improvements on Lot 1, Block 1. The required parking spaces and design will be reviewed by staff at the time a use is defined for Lot 1, Block 1. The Developer will construct a series of privately owned and maintained trails accessing the public sidewalk to be constructed along Kenyon Avenue. The private trail improvements must be constructed on the privately-owned lots and not encroach onto Outlot A. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility, building and street construction shall be from a single rock construction entrance on Kenyon Avenue on the east plat boundary in the location of the proposed driveway access. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS The Park Dedication requirement for the parent parcels has not been paid and will be satisfied through a cash contribution with the final plat. Kenyon Avenue is a major collector roadway and consistent with the City’s Transportation Plan, the Developer shall install an 8-foot wide sidewalk along the south and west side of Kenyon Avenue adjacent to the plat. The Developer shall construct the sidewalk from the existing driveway at Kent 46 to the proposed north driveway entrance with the final plat LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 44 OOFF 88 improvements. The Developer will receive a credit for the cost of the sidewalk construction west of the plat to make a connection to the driveway at Kent 46. The credit was based on an estimate provided by the Developer’s engineer. The remainder of the sidewalk from the north driveway entrance to the south plat boundary will be constructed with the future Kenyon Avenue roadway improvements. The Developer shall grade the trail bench between the proposed driveway entrances with the final plat improvements. The Developer shall post an escrow for the future sidewalk construction, based on an estimate provided by the Developer’s Engineer. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Lee Lake Subdivision is located within subdistrict CL-41200 of the Crystal Lake sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Burnsville Southwest Interceptor and continue to the Seneca Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed commercial development. Development of Lee Lake Subdivision includes the extension of two private sanitary sewer services that were installed with the Interstate-35/CSAH 46 Interchange Project (City Project 91-3). The sanitary sewer improvements were assessed to the parent parcels and therefore the lateral sanitary sewer access charge will not be collected with the final plat. The Trunk Sanitary Sewer Area Charge was previously assessed to the parent parcels. The assessments have been paid and therefore the Sanitary Sewer Availability Charge will be not required with the final plat. WWAATTEERRMMAAIINN The watermain within Kenyon Avenue to serve the proposed development was constructed with the Interstate-35/CSAH 46 Interchange Project (City Project 91-3) and previously assessed to the parent parcels; therefore, the lateral watermain access charge will not be collected with the final plat. Development of Lee Lake Subdivision includes the extension of the two existing private watermain stubs located on the parent parcels. Privately owned and maintained 8” watermain will be extended throughout Lots 1, 2, and 3 to provide water service to the proposed building improvements. A cross access easement is required for the privately owned and maintained sanitary sewer and watermain that will be installed across multiple property lines to serve the subdivision. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the building permit application and final construction plans. LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 55 OOFF 88 One of the parent parcels (PID No. 2200110080104) was connected to City utilities and paid the sanitary sewer and watermain unit fees. The Developer is eligible to receive one City SAC Unit and Watermain Unit credit for the property that was connected to City utilities. OOVVEERRHHEEAADD LLIINNEESS Overhead utility lines and poles are located on the southeast corner of the plat within Outlot A. Consistent with the City’s Public Ways and Property Ordinance, the Developer shall remove and place underground the existing overhead lines and poles with the final plat improvements. The Developer shall submit a security with the final plat to ensure that the overhead lines and poles are removed. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Lee Lake Subdivision is located within subdistrict CL-12 of the Crystal Lake stormwater district as identified in the City’s Water Resources Management Plan. Development of Lee Lake Subdivision includes the construction of one publicly owned and maintained stormwater basin and one privately owned and maintained infiltration basin. The private infiltration basin will be located on Lot 2, Block 1 and will treat runoff generated from the roof-tops and green space on the private lot. The Developer shall sign a private maintenance agreement for the infiltration basin and dedicate a maintenance easement over the basin area prior to City Council consideration of the final plat. The public stormwater management basin will be located within Outlot A and will treat runoff generated for Lots 1, 2, and 3, Block 1 and Kenyon Avenue. The stormwater management design is consistent with City requirements. Following completion of the site improvements and restoration, the Developer shall conduct two double ring infiltrometer tests in the location of the infiltration basins to demonstrate that the design infiltration rates have been achieved. The Developer shall provide a security to ensure that this testing is completed. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building Certificates of Occupancy will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Lee Lake Subdivision contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 66 OOFF 88 SSTTOORRMM SSEEWWEERR Development of Lee Lake Subdivision includes the construction of a private and public storm sewer system. All of the storm sewer within Lots 1, 2, and 3 shall be privately owned and maintained. The storm sewer within the Kenyon Avenue right-of-way and outlet control structure for the stormwater management basin within Outlot A will be publically owned and maintained. The Developer will re-route the existing storm sewer within Kenyon Avenue through the site to the public stormwater management basin in Outlot A to provide water quality and rate control of the stormwater runoff generated within the public right-of-way. The existing storm sewer currently discharges directly to Lee Lake without treatment and the storm sewer re- route will provide a water quality improvement to the City’s water resources. The City will credit the Developer for the cost of the storm sewer re-route and the oversizing of the storm sewers within the site necessary to convey the additional runoff. The storm sewer re-route will require excavation within Kenyon Avenue. The Developer shall maintain traffic at all times during the storm sewer construction. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be paid with the final plat. The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A to the City, consistent with City policy. The credit is based on the area of Outlot A at the rate of $5,500 per acre. The credit will be applied to the final plat cash fees. The Crystal Lake Surcharge has not been collected on the parent parcels and must be paid with the final plat. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the building permit application and final construction plans. RREETTAAIINNIINNGG WWAALLLLSS Development of Lee Lake Subdivision includes the construction of a privately owned and maintained big block segmental retaining wall. The proposed retaining wall will be located within a drainage and utility easement on Lot 2 adjacent to Kenyon Avenue. The Developer shall enter into an encroachment agreement with the City prior to City Council consideration of the final plat for the private improvements to be constructed within the City’s easement. Retaining walls with a combined height greater than four feet shall be designed by a registered geotechnical or structural engineer and constructed in accordance with plans and specifications consistent with MnDOT requirements. A separate building permit from the City’s Building Official is required prior to the construction of the wall. The wall shall be inspected during construction and certified by the design engineer following construction. SSHHOORREELLAANNDD OOVVEERRLLAAYY DDIISSTTRRIICCTT LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 77 OOFF 88 Lee Lake Subdivision is located within the Shoreland Overlay District of Lee Lake and is therefore subject to the Shoreland Overlay District requirements. The maximum impervious surface coverage allowed within the Shoreland Overlay District is 25%. The impervious surface coverage for Lee Lake Subdivision is calculated as follows: 131,511.20 s.f. / 660932.60s.f. = 19.90% Impervious Surface of Lee Lake Subdivision, excluding Lee Lake Net Area of Lee Lake Subdivision, excluding Lee Lake Total Percent Impervious FEMA FLOODPLAIN ANALYSIS A portion of Lee Lake Subdivision (entirely contained within Outlot A) is located within areas shown on the Flood Insurance Rate Map (FIRM) as Zone A, Flood Hazard Zone. Based on this designation, a portion of the development is located within a Special Flood Hazard Area (SFHA), as determined by FEMA. No improvements or grading is proposed within this area. The remaining area of Lee Lake Subdivision is shown on the FIRM as Zone X, which is not designated as a SFHA. WWEETTLLAANNDDSS A wetland delineation for the site was conducted by Wenk Associates. Three wetland areas were identified within the project boundaries. In addition to the delineation a No-Loss was approved for wetland 3. TTRREEEE PPRREESSEERRVVAATTIIOONN A tree preservation plan has been submitted. The plan shows a total of 215 significant trees within the project area. The plan proposes to save 165 trees (77%). The tree preservation plan satisfies City requirements. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. EERROOSSIIOONN CCOONNTTRROOLL The plans include a detailed erosion and sediment control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water District. Any additional measures required shall be installed and maintained by the Developer. RREECCOOMMMMEENNDDAATTIIOONN LLEEEE LLAAKKEE SSUUBBDDIIVVIISSIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAPPRRIILL 2288,, 22001177 PPAAGGEE 88 OOFF 88 Engineering recommends approval of the preliminary plat, site plan, grading and erosion control plan, utility plan, tree preservation plan and easement vacation for Lee Lake Subdivision, subject to the requirements and stipulations within this report.