HomeMy WebLinkAbout05-21-20
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
May 21, 2020
Chair Kaluza called the meeting to order via teleconference at 6:00 p.m. in the
Council Chambers at City Hall. The Pledge of Allegiance to the flag was given.
Members Present: Chair Pat Kaluza
Members Present via telephone: Karl Drotning, Jason Swenson, Jeff Witte, Brooks
Lillehei, Jenna Majorowicz, Christine Zimmer
Members Absent: Thor Howe, Ex-officio member
Staff Present: Daryl Morey, Planning Director
Staff Present via telephone: Frank Dempsey, Associate Planner, Kris Jenson,
Associate Planner, Alex Jordan, Assistant City Engineer, Daniel Licht, The Planning
Company; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
Commissioner Drotning stated that he would like to amend the word storm drain to
floor drain under agenda item 6, Hebert CUP.
The May 7, 2020 Planning Commission meeting minutes were approved as amended.
4. Announcements
The following items were distributed via e-mail to the Planning Commission:
May 17, 2020 Parks, Recreation and Natural Resources Committee draft
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motions regarding the Timbercrest at Lakeville 9 Addition and The Preserve
preliminary plats.
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Timbercrest at Lakeville 9 Addition “Floor Plans – Level 1” sheet that was not
included in the packet material.
The Preserve phasing plan showing three phases was not included in the
packet material.
Two e-mails from residents that included questions and comments regarding
The Preserve.
E-mail from Summit Management regarding the Zoning Ordinance update,
specifically the M-1 District.
Planning Commission Meeting Minutes, May 21, 2020 Page 2
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5. Timbercrest at Lakeville 9 Addition
Chair Kaluza opened the public hearing to consider the application of Roers
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Investments LLC for the following, located east of Orchard Trail and north of 185
Street (CSAH 60): A. Preliminary plat of one lot and one outlot to be known as
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Timbercrest at Lakeville 9 Addition; B. PUD development stage plans for a 208-unit
multiple family building; C. Amendment to the Timbercrest at Lakeville PUD District to
allow multiple family uses; and D. Vacation of public drainage, utility and trail
easements.
Jeff Koch from Roers Investments LLC was in attendance via teleconference to
present a short overview of their project. Mr. Koch explained who Roers Investments
LLC is and what they do. Mr. Koch feels there is a need for housing diversity in
Lakeville so he feels the design that is before the Planning Commission tonight aligns
itself with Roers Investments LLC beliefs and aligns with the goals of Lakeville’s 2040
Comprehensive Plan.
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that the Economic Development Commission has identified as part of the
Strategic Plan for Economic Development that development of high-density housing
is to be a priority to provide alternatives to single family dwellings, opportunities for
workforce housing and market support for nearby businesses.
The existing PUD District zoning for the subject area does provide the City the ability
to allow for multiple family dwellings within Timbercrest at Lakeville without amending
the 2040 Comprehensive Plan. The proposed development may be allowed by
amending the PUD District to allow for multiple family dwellings. Mr. Licht indicated
the City Council and Planning Commission are supportive of using a PUD District to
allow multiple family dwellings within existing commercial areas. City staff would
propose using the draft M-1, Mixed Use I-35 Corridor District standards being
developed with the Zoning Ordinance Update to implement the 2040 Comprehensive
Plan.
Mr. Licht stated that the proposed density of the 208 unit apartment building is
consistent with the character of a multiple family use within the I-35 corridor.
The setbacks shown on the site plan comply with the proposed M-1 District setback
requirements and are appropriate for the subject site. Dwelling size is consistent with
a proposed amendment as part of the Zoning Ordinance Update to increase the
allowed efficiency dwelling units within a single apartment building from 10 percent to
30 percent of the total dwelling units. The height of the proposed building complies
with the Zoning Ordinance and proposed performance standards of the M-1 District.
The types and size of proposed plantings submitted with the landscape plan comply
with the Zoning Ordinance. Existing trees will provide screening of the proposed
apartment building from the detached townhomes to the northeast.
Planning Commission Meeting Minutes, May 21, 2020 Page 3
The one vehicle access to the apartment lot is from Orchard Trail at the northwest
corner of the subject site. The concept plan proposed to connect the apartment
parking lot and access to the adjacent Best Buy parking lot to the north which has an
existing access to Orchard Trail from which the apartment site could also be accessed.
There is an existing sidewalk on the east side of Orchard Trail to provide pedestrian
access to the subject site. The proposed apartment building includes several indoor
and outdoor amenities for resident access to recreation and open spaces, which
include a patio and pool at the rear of the building with an adjacent playground.
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Mr. Licht indicated that because the subject site abuts 185 Street (CSAH 60), it is
subject to Dakota County approval. The Dakota County Plat Commission approved
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the preliminary and final plat of Timbercrest at Lakeville 9 Addition on April 15, 2020.
The preliminary and final plat includes one lot for the proposed apartment use. The
balance of the subject site is to be platted as an outlot at the southeast corner and
reserved for future development.
A conservation easement exists along the east line of the subject site. City staff is
recommending that the area of the conservation easement be platted as an outlot and
deeded to the City.
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A traffic study was conducted on the 185 Street and Orchard Trail intersection, along
with an off-street parking study (memo attached to the May 14, 2020 planning report).
On-site parking will consist of 208 spaces in an underground ramp and 172 surface
parking spaces, along with 13 proof of parking spaces. The parking analysis prepared
by the developer concludes that the 393 proposed parking stalls will exceed demand
given that there are only 1.3 bedrooms per unit proposed with this development.
Mr. Licht stated that Engineering staff is recommending that the drainage, utility and
trail easements along Orchard Trail that were advertised with the public hearing notice
for the preliminary plat not be vacated.
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Planning Department staff recommends approval of the Timbercrest at Lakeville 9
Addition preliminary plat, PUD development stage plan, and Timbercrest at Lakeville
PUD District amendment, subject to the 10 stipulations listed in the May 14, 2020
planning report.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Drotning to close the public hearing at
6:21 p.m.
Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Witte, Drotning, Zimmer
Nays: 0
Planning Commission Meeting Minutes, May 21, 2020 Page 4
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
Roers Investments has their own property managers that will staff this property
and have 24-hour access.
Mr. Koch will check to see if they will be using crime free/drug free tenant
applications.
The designated storm shelter will be in the underground concrete parking
garage; they will identify this to the residents and include signage in the
building.
Because of on-street parking issues at the Avonlea Village Green apartments,
Commissioners agreed that rent should include a stall in the underground
garage at no extra charge.
Mr. Licht suggested the following additional stipulation regarding underground
parking stalls:
11. A minimum of one enclosed off-street parking stall shall be provided for
without additional fee within the lease for each dwelling unit.
The open space area to the east of the subject property is owned by the City.
The portion of the subject property covered by a conservation easement will
not be actively maintained as it is intended as a natural area.
Agreed there is a need for a variety of different housing types in Lakeville as
recommended in the 2040 Comprehensive Plan.
Agreed this is a good location for an apartment building to support the existing
commercial uses in the Timbercrest PUD and due to recent changes in
shopping habits.
Motion was made by Drotning, seconded by Witte to recommend to City Council
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approval of the Timbercrest at Lakeville 9 Addition preliminary plat of one lot and one
outlot, PUD development stage plan for a 208-unit multiple family building, and
amendment to the Timbercrest at Lakeville PUD District to allow multiple family uses,
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located east of Orchard Trail and north of 185 Street (CSAH 60), and adopt the
Findings of Fact dated May 21, 2020, subject to the following stipulations, as
amended:
1. The subject site shall be developed in accordance with the PUD Development Stage
Plan as approved by the City Council.
2. The submitted landscape plan shall be subject to the review and approval of the
City Forester. A security must be submitted with the final plat to ensure installation
of the approved landscaping.
3. Ingress/egress easements between the proposed lot and Lot 1, Block 1, Timbercrest
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at Lakeville 4 Addition shall be required for the area of the parking within the
apartment lot contiguous to the existing retail parking.
4. The PUD Development Stage Plan for the multiple family use shall provide for a
minimum of 2.0 parking stalls per dwelling unit (including proof-of-parking) unless
a reduction is approved by the City Council based on a site specific parking demand
Planning Commission Meeting Minutes, May 21, 2020 Page 5
study; a minimum of 1.0 enclosed parking stalls per dwelling unit shall be required
within the supply of off-street parking stalls.
5. All drainage and utility easements are subject to review and approval of the City
Engineer.
6. The preliminary/final plat shall be revised to dedicate the area of the existing
conservation easement within the subject site as Outlot A and the proposed Outlot
A as Outlot B. Outlots A and B as is to be shown on the revised preliminary/final
plat shall be deeded to the City in accordance with Section 10-4-7 of the Subdivision
Ordinance.
7. All grading, drainage, erosion control, and/or wetland issues are subject to review
and approval by the City Engineer.
8. All utility issues are subject to review and approval of the City Engineer.
9. Park dedication requirements shall be satisfied by payment of a cash fee in lieu of
land at the time of final plat approval as provided for by Section 10-4-8.J of the
Subdivision Ordinance.
10. The developer shall enter into a development agreement with the City as drafted
by the City Attorney and subject to approval by the City Council.
11. A minimum of one enclosed off-street parking stall shall be provided for without
additional fee within the lease for each dwelling unit.
Ayes: Majorowicz, Lillehei, Kaluza, Witte, Drotning, Zimmer, Swenson
Nays: 0
6. The Preserve
Chair Kaluza opened the public hearing to consider the application of Progressive,
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LLC for the following, located east of Kenwood Trail (CSAH 50) and south of 185
Street (CSAH 60): A. Preliminary plat of 89 single family residential lots and five outlots
to be known as The Preserve; B. Zoning Map amendment to rezone the property from
RS-2, Single Family Residential District to RS-3, Single Family Residential District;
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and C. Variance for lot width for three corner lots abutting 190 Street.
Jeremy LeBeau from Progressive, LLC was present via teleconference and presented
a brief overview of the request. Michelle Hosfield from Wenck Associates is also
available to answer questions about the soil contamination.
Mr. LeBeau stated that The Preserve plat is approximately 80 acres and will be
developed in three phases with construction to begin this summer. He indicated that
they hope to have 49 lots completed within the first phase by this fall. Mr. LeBeau
stated that The Preserve will be a premier upper end neighborhood for Lakeville.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the developer is requesting approval of a rezoning of the subject property
to be consistent with the zoning of the single family neighborhoods to the east, west
and south of the proposed plat. Exhibit A of the planning report identifies the area of
the property that includes the requested rezoning from RS-2 to RS-3, which remains
consistent with the low-density residential land use classification in the 2040
Comprehensive Plan.
Planning Commission Meeting Minutes, May 21, 2020 Page 6
Mr. Dempsey stated that the reason for the variance request by the developer is
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because three side yard buffer lots abutting 190 Street are proposed to be less
than the required 110 feet in width. Additional buffer yard width is required for all
lots that abut major collector or higher classification roads. The landscape plan
proposes additional landscaping for these lots to increase and maximize the
effectiveness of the screening buffer.
Staff and the developer’s engineer explored options in order to avoid a variance for
these three lots, but it was determined that this was the best option.
Mr. Dempsey stated that the City Attorney is recommending the following stipulation
be added for more clarification of the lots needing a variance:
11. The lot width variance for the three buffer yard lots shall be as follows:
Lot 1, Block 4 – 100 feet
Lot 1, Block 5 – 99 feet
Lot 9, Block 6 – 100 feet
Mr. Dempsey described the existing conditions of the subject property which
consists of four parcels that included a single family home and accessory buildings
that were removed in 2019.
There are five outlots in The Preserve preliminary plat. All five outlots will be deeded
to the City with the final plat.
Mr. Dempsey reviewed the streets included within The Preserve plat, with additional
detailed information outlined in the May 13, 2020 Engineering Division memo. All
streets meet the minimum width and design requirements of the Subdivision
Ordinance.
Mr. Dempsey stated that a tree preservation plan was submitted by the developer
and included as Exhibit J with the May 15, 2020 planning report. The plan proposes
41% of the significant trees on site to be saved.
A wetland delineation was completed and approved on October 16, 2019. The
wetland delineation identified 12 wetlands on site.
Mr. Dempsey stated that the City’s 2015 Parks, Trails, and Open Space Plan does
not identify a neighborhood park within this development. Outlot E can be used for
play pod areas that will abut up to The Preserve Greenway corridor trail. Mr.
Dempsey indicated that a combination of land dedication and cash payment will be
used to satisfy the park dedication requirements at the time of plat approval.
The developer will construct 5-foot wide concrete sidewalks as required along one
side of all streets in the development except cul-de-sacs.
Planning Commission Meeting Minutes, May 21, 2020 Page 7
A sketch plan has been submitted for City staff review for the two 10-acre properties
north of The Preserve. The future development of the properties north of The
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Preserve must include the extension of Ixonia Avenue north to 185 Street.
Mr. Dempsey stated that the developer prepared a Phase 1 environmental review.
Two areas of concern of approximately 6.8 acres within the preliminary plat were
identified that warranted further study. The testing identified an uncontrolled landfill
of construction and other waste materials on-site likely dating from the 1980’s.
In October 2019 Wenck and Associates Inc. was hired by Progressive, LLC for further
investigation and testing of the landfill. Based on results of Wenck’s study, a
Response Action Plan (RAP) will be prepared and submitted to the MPCA for review
and approval. As indicated earlier, Michelle Hosfield from Wenck Associates is
available to answer questions about the soil contamination.
Mr. Dempsey indicated that a neighborhood meeting was hosted by the developer
on June 19, 2019. Approximately 30 residents attended. The discovery of landfill
materials on the property is the reason for the delay of the public hearing for the
preliminary plat.
Planning and Engineering staff recommends approval of The Preserve preliminary
plat, Zoning Map amendment, and variance, subject to the 10 stipulations listed in
the May 15, 2020 planning report, as amended, and adoption of the Findings of Fact
dated May 21, 2020.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Witte to close the public hearing at 6:59
p.m.
Ayes: Lillehei, Kaluza, Witte, Drotning, Zimmer, Swenson, Majorowicz
Nays: 0
Chair Kaluza announced that due to the fact that some people were having technical
difficulty joining the meeting via Chime, even though the public hearing is now closed,
any members of the public will be allowed to make their statements if they are able to
join the meeting.
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
Staff addressed the concerns raised in the e-mails that were distributed to the
Planning Commission prior to tonight’s meeting.
Mr. LaBeau stated the homes will cost approximately $550,000 and up.
The contamination and clean up were addressed by Ms. Hosfield. She
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indicated that most of the environmental clean up will be in the 2 phase of
Planning Commission Meeting Minutes, May 21, 2020 Page 8
development. Preliminary findings show no connection of contamination with
the water supply. Ms. Hosfield stated that the developer will follow the
approved MPCA remediation plan.
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Mr. Jordan stated the proposed speed limit for 190 Street is anticipated to be
set at 30 mph. He stated that a speed study may be done after the street is
opened to traffic, but it is best to start at the low-end speed and work from there.
The creek and waterways through the property, along with the Vermillion
watershed, were explained by Mr. Jordan. He indicated that a majority of the
wetlands are being kept and the creek and natural resources are being
preserved.
Mr. Jordan explained that the City works very closely with the development
team to minimize disruption to the existing residents during construction.
Specific accesses are determined for construction traffic throughout the
process.
Commissioner Swenson commented that there are six different points where
this development could connect to the adjacent neighborhoods. It is great
planning when these street connections are finally made connecting the
neighborhoods in the area.
Mr. Dempsey was asked to explain what was driving the variance request. The
Planning Commission agreed that it made sense to approve the variance
request in this situation given the developer’s efforts to protect the natural
environment to the greatest extent possible.
Motion was made by Witte, seconded by Lillehei to recommend to City Council
approval of The Preserve preliminary plat of 89 single family residential lots and five
outlots, Zoning Map amendment to rezone the property from RS-2, Single Family
Residential District to RS-3, Single Family Residential District, and a variance for lot
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width for three corner lots abutting 190 Street, located east of Kenwood Trail (CSAH
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50) and south of 185 Street (CSAH 60), and adopt the Findings of Fact dated May
21, 2020, subject to the following stipulations, as amended:
1. Implementation of the recommendations listed in the May 13, 2020 engineering
report.
2. Park dedication shall be satisfied with a combination of land dedication and cash
contribution paid with the final plat for each development phase.
3. The developer shall construct five-foot wide concrete sidewalks along one side of
all streets, except cul-de-sacs, and bituminous trails as identified on the preliminary
plat plans.
4. Outlots A-E shall be deeded to the City with the final plat.
5. Side yard building setbacks for Lot 1, Block 4; Lot 1, Block 5; and Lot 9, Block 6
shall comply with 30-foot side yard buffer setback requirements in the RS-3
District. The building pads on the preliminary plat and grading plan shall be
amended to comply with RS-3 District side yard buffer setbacks prior to City
Council consideration of the preliminary plat.
Planning Commission Meeting Minutes, May 21, 2020 Page 9
6. Buffer yard landscaping shall be installed according to the approved landscape
plan. A security for the buffer yard landscaping shall be submitted with the final
plat.
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7. Driveway access is not permitted onto 190 Street.
8. All new local utilities and any existing overhead service utilities located on the
property shall be placed underground.
9. Any existing structures, fences, wells, and septic systems shall be removed with
the development of this property.
10. The developer shall adhere to all environmental laws and regulations regarding
soils contamination and site remediation. The developer improvements must be
completed in accordance with the recommendations identified in the approved
Response Action Plan (RAP).
11. The lot width variance for the three buffer yard lots shall be as follows:
Lot 1, Block 4 – 100 feet
Lot 1, Block 5 – 99 feet
Lot 9, Block 6 – 100 feet
Ayes: Kaluza, Witte, Drotning, Zimmer, Swenson Majorowicz, Lillehei
Nays: 0
7. City of Lakeville
Chair Kaluza opened the public hearing to consider amendments to Chapters 4, 10
(Subdivision Ordinance), and 11 (Zoning Ordinance) of the Lakeville City Code.
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that the 2040 Lakeville Comprehensive Plan has been approved by the
Metropolitan Council and adopted by the City Council. Mr. Licht indicated that City
staff has begun work on implementation of the plan with updates to the Zoning
Ordinance, with a major focus on formulation of allowed uses and development
standards for the newly created Corridor Mixed Use (CMU) land use category, which
has been reviewed at length at Planning Commission and City Council work sessions.
City staff has prepared draft ordinance amendments for implementation of the 2040
Lakeville Comprehensive Plan, which were presented by Mr. Licht and discussed at
tonight’s Planning Commission meeting and are reviewed in detail in the May 14, 2020
planning report.
Mr. Licht stated that one of the e-mails received prior to tonight’s meeting referred to
apartment building height. This item was discussed at a City Council work session
and it was determined that the limit be maintained at four stores. Mr. Licht indicted
that there are exceptions allowed by conditional use permit. City staff would request
no change to the proposed City Code, Subdivision Ordinance and Zoning Ordinance
amendments, as presented.
Planning Commission Meeting Minutes, May 21, 2020 Page 10
Chair Kaluza opened the hearing to the public for comment.
Paul Heuer, Pulte Homes, 7500 Flying Cloud Drive, Eden Prairie
Mr. Heuer’s memo that he sent to Planning Director Daryl Morey was included in the
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May 21 Planning Commission packet material. His memo refers to minimum
residential garage size requirements and how it relates to housing affordability. His
points included:
1. Pulte Homes cannot construct a very popular and versatile 2-story townhome in
Lakeville due to the City’s minimum garage size requirement.
2. One purpose of the City’s minimum garage size requirement was so that people
did not park their cars in the driveway. Pulte Homes is having a difficult time finding
this to be true. Their customers are preferring smaller garages.
3. The exception allowed for affordable housing, when you do the math, it seems
unlikely to be affordable.
4. This is one of many housing cost issues; it is very costly for this extra garage size
and Pulte Homes is not seeing the benefit of it.
Mr. Heuer stated that housing affordability is an important and critical issue. The larger
garages are not worth the cost.
Mark Lambert, owner of Connelly Manufactured Homes Community
He asked the Planning Commission to take a hard look at what they are considering
adopting tonight. He indicated that this would be an opportunity for the Planning
Commission to help allow for redevelopment of the Connelly MHP property. The
Connelly MHP property abuts the transit facility and is immediately north of Mills Fleet
Farm. He feels that he would not be able to redevelop his property if he ever chose
to close the manufactured home park. This ordinance would not help him redevelop.
Motion was made by Witte, seconded by Majorowicz to close the public hearing at
7:55 p.m.
Ayes: Witte, Drotning, Zimmer, Swenson, Majorowicz, Lillehei, Kaluza
Nays: 0
Chair Kaluza thanked City staff for all their work with putting together the proposed
ordinance this past year. He thinks that what is being proposed reflects what has
been discussed in work sessions. He is in support of the ordinance as presented
tonight.
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
Commissioner Drotning commented on the amendment to the minor
automobile repair definition on page 6 of the draft ordinance. He agrees with
the amendment with the exception of upholstering being deleted. He feels that
Planning Commission Meeting Minutes, May 21, 2020 Page 11
should be put back in the definition. Because upholstering is not noisy, no
chemicals are used, it was agreed to add upholstering back into the definition.
Commissioner Drotning stated the minimum garage size requirement has
worked well for Lakeville and he does not support changing the requirement.
Mr. Licht addressed Mr. Lambert’s comments. An increase in the M-1 District
beyond 26 units per acre for multiple family housing, except for senior housing,
would be inconsistent with the 2040 Comprehensive Plan and the proposed
ordinance is implementing the 2040 Comprehensive Plan. There is always the
option of a PUD for this property and building height above four stories could
be allowed by CUP.
Commissioner Swenson appreciated Mr. Heuer’s comments and stated that
the Planning Commission is cognizant of the affordable housing issue.
However, the information presented by housing representatives doesn’t always
paint a fair picture with respect to housing costs. He supports the City’s
minimum garage size requirement and the reasons behind the requirement.
The amendment to the draft ordinance will read as follows:
AUTOMOBILE REPAIR (MINOR): Minor repairs, incidental body and fender work,
painting and upholstering, replacement of parts…
Motion was made by Drotning, seconded by Witte to recommend to City Council
approval of the amendments to Chapters 4, 10 (Subdivision Ordinance), and 11
(Zoning Ordinance) of the Lakeville City Code, as amended.
Ayes: Drotning, Zimmer, Swenson, Majorowicz, Lillehei, Kaluza, Witte,
Nays: 0
There being no further business, the meeting was adjourned at 8:12 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary