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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 15, 2020 Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Pat Kaluza, Vice Chair Jeff Witte, Karl Drotning, Brooks Lillehei, Jenna Majorowicz, Christine Zimmer, Jason Swenson, Ex-officio member Thor Howe Members Absent: None Staff Present: Daryl Morey, Planning Director; Daniel Licht, The Planning Company; Zach Johnson, City Engineer (via Chime); Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 1, 2020 Planning Commission meeting minutes were approved as presented. 4. Announcements The following items were distributed to the Planning Commission at tonight’s meeting: 1. October 14, 2020 Parks, Recreation & Natural Resources Committee draft minutes regarding the Arris Apartments preliminary plat 2. E-mails pertaining to the Arris Apartments preliminary plat 3. Revised landscape plan for the Arris Apartments preliminary plat 5. Arris Apartments Chair Kaluza opened the public hearing to consider the application of Kami, Inc. for the following, located east of Kenrick Avenue and north of 175th Street: A. Preliminary plat of one lot and one outlot to be known as Arris Apartments; B. Conditional use permit to allow the construction of a 197-unit multiple family dwelling greater than 48 feet in height in the M-1, Mixed Use I-35 Corridor District; C. Vacation of public right- of-way, slope, and road, drainage and utility easements. Matt Knutson from Amcon Construction presented an overview of their request. Mr. Knutson stated they are constructing a 197-unit market rate apartment building. There will be one indoor parking stall per unit. Cognizant of the neighbors to the east of their proposed building, Mr. Knutson indicated that the building would include two, three and then the fourth level as the building steps back to the west. He stated that 50 percent of the exterior finish will be brick or stone. He listed the amenities that will be included with this development. Planning Commission Meeting Minutes, October 1 5, 2020 Page 2 Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the proposed 197 dwelling units are within the density allowed for the subject site by the 2040 Comprehensive Plan. The subject site is zoned M-1, Mixed Use I-35 Corridor District consistent with the 2040 Land Use Plan. Multiple family dwellings are allowed as a conditional use within the M-1 District subject to the performance standards. Mr. Licht indicated that the lot area, floor area ratio and setbacks all meet or exceed the requirements of the Zoning Ordinance. The use of brick or stone for the exterior finish of the proposed building is 50 percent of the total wall area and complies with the requirements of the Zoning Ordinance. Mr. Licht stated that the additional building height does not have any effect on the intensity of the use of the property and satisfies the criteria for approval of the conditional use permit. Mr. Licht reviewed the accesses to the site along with the off-street parking. The parking evaluation submitted by the developer concluded that the proposed apartment building will have adequate off-street parking. The submitted landscape plan addresses the perimeter of the site and building foundation with emphasis for screening along Kenrick Avenue and the north lot line, as well as the required buffer yard between the building and the existing single family neighborhood to the east as required by the Zoning Ordinance. Mr. Licht stated that the outdoor amenities, that are on the east end of the building, will include a patio that will have a pool, play area, grilling area, pergola, and fire pit. The outdoor area is enclosed by six-foot high fencing that is to be a solid privacy fence on the east side of the patio to block visuals and noise from the area towards the single family neighborhood to the east. Mr. Licht described the exterior lighting, proposed signage, waste storage, and easements. Outlot A which is zoned C-3, General Commercial District, will be retained under private ownership for future development. Planning Department staff recommends approval of the Arris Apartments preliminary plat, conditional use permit, and easement vacation, subject to the 16 stipulations listed in the October 8, 2020 planning report, and adoption of the Findings of Fact dated October 15, 2020. Mr. Licht introduced Zach Johnson, City Engineer, who, via Chime, discussed the traffic study, existing roads and sidewalks. Mr. Johnson stated that the developer provided a traffic study that demonstrated that Kenrick Avenue has adequate capacity for the traffic generated by the proposed development. The study compared the proposed apartment use with a mixed use and general office park use and indicated that the amount of traffic for these types of uses would double the amount of traffic in this area. Mr. Johnson indicated that City staff is recommending that 173rd Street be posted as a no parking zone to minimize conflicts with through traffic for the residential Planning Commission Meeting Minutes, October 1 5, 2020 Page 3 neighborhood to the east. It was suggested to the developer by some of the single family neighbors that 173rd Street should be closed at the east line of the proposed development. Per the October 8, 2020 planning report, City staff does not recommend closing 173rd Street. Mr. Johnson explained how the site plan has been designed to anticipate future realignment of Kenrick Avenue as part of the City’s long-term plan for the I-35/CSAH 50 interchange where the City will need to acquire right-of-way in the future. Prior to public comment, Commissioner Lillehei asked the developer to show where the different heights of the building are proposed on the revised plans. Commissioner Lillehei also wanted to clarify with the developer if the below ground parking will or will not be included in their rent. The developer stated that the below ground parking would not be included in the rent. Each unit is allowed one underground parking stall. Chair Kaluza opened the hearing to the public for comment. The following people spoke at the public hearing: Brian Bross, 17289 Joy Court Rod Vredenberg, 17282 Joplin Avenue Dan Everson, 17340 Joplin Avenue Kyle and Jen Schiffler, 17248 Joy Court Trevor Radner, 17331 Joy Court Joel Inskeep, 17257 Joy Court Tom Dorazio, 17256 Joy Court Discussion points by those who spoke: • Inconsistencies in the building elevation plans presented at tonight’s meeting • Additional evergreen screening and increasing the berm on the east side of the site • Dangers associated with the proposed Kenrick Avenue crosswalk at 173rd Street • Overflow parking encroaching into their neighborhood • Lack of greenspace on site • Felt this apartment building does not compliment the Argonne Farms neighborhood • Asked to have this proposal delayed and asked the Planning Commission to come out to their neighborhood to see what it would be like to have the apartment building located next to their homes • Traffic and sight visibility issues at the 173rd Street/Kenrick Avenue intersection • Would like 173rd Street closed off to the east • Wondered if their voices even mattered after reading the Findings of Fact that were included in the packet material. Mr. Morey responded that including the Findings of Fact in the packet material was standard practice. They do not get approved and signed until after the Planning Commission vote on this agenda item. • Light pollution • Concerned about utility upgrades that will need to be installed and who will pay for the upgrades. Is this paid for through their taxes? Planning Commission Meeting Minutes, October 1 5, 2020 Page 4 • Asked who the property managers will be for this apartment building • Questioned the traffic study and how reliable it was due to COVID-19 • Concerned about losing the wildlife and seclusion of the neighborhood • Feels this apartment building will ‘change everything’ in their neighborhood • Will there be an escrow to be sure that the deferred parking gets built, if needed? • All the surface parking should be built with the initial construction • If the underground parking is not part of the rent, parking will be an issue Mr. Morey apologized that the building elevation plans that were included in the packet were not the most updated version. Motion was made by Majorowicz seconded by Drotning to close the public hearing at 7:38 p.m. Voice vote was taken on the motion. Ayes - unanimous The Planning Commission took a break at 7:38 p.m. and reconvened at 7:48 p.m. Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Chair Kaluza asked Mr. Johnson to recap the traffic study along with explaining the utility upgrades, crosswalks and sidewalks. Mr. Johnson explained that the entire cost of the utility infrastructure construction will be the developer’s responsibility. Mr. Johnson appreciated the residents’ thoughts and agreed that the traffic estimates are different during COVID-19. He explained how the traffic study worked using the Comprehensive Plan, growth factors, and traffic forecasts before COVID-19. Mr. Johnson added that this development will have much less traffic impact than a commercial use of the property. The City can work with law enforcement regarding the speeding issues on Kenrick Avenue. Mr. Johnson then explained what goes into intersection operations. It has been determined that the 173rd Street /Kenrick Avenue intersection is adequate with wait times of 10-15 seconds before vehicles on 173rd Street are able to enter the intersection. The City will work closely with the developer regarding grading and location of trees to ensure adequate sight visibility at this intersection. • Mr. Johnson stated that based on the analysis submitted by the developer, the City will not recommend a crosswalk at 173rd Street and Kenrick Avenue. He also indicated that the City would work with the developer to extend the sidewalk on the east side of Kenrick Avenue between 173rd Street and 175 th Street. • Mr. Licht stated that Stipulation 5 could be amended to read: The developer shall construct a concrete sidewalk from 173rd Street to 175th Street subject to review by the City Engineer. • Mr. Licht explained the Comprehensive Plan process and how the City addressed the location of multiple family development within the city. Adding potential for multiple family development interspersed throughout the community was recommended by the Economic Development Commission. To help accomplish this, the M-1 District was established. Mr. Licht explained Planning Commission Meeting Minutes, October 1 5, 2020 Page 5 that the Planning Commission needs to consider whether this proposal is in compliance with the Comprehensive Plan and whether it complemented life cycle housing goals. • Some Planning Commission members stated that they did visit the site and neighborhood prior to tonight’s meeting. • Mr. Johnson explained the stormwater drainage and how it works. He indicated that the objective is to capture stormwater before it leaves the property. The stormwater pond design is conceptual. The City will work with the developer to develop a stormwater basin that meets City requirements on the property. • Mr. Johnson reiterated that the City will not close 173rd at Joy Street. He stated that the City works to have secondary accesses to developments for emergencies, etc. • Steven Scott Management will be the management company and they use the Crime-Free/Drug-Free Housing application to determine tenants. There will be a staff member on duty at all times or a resident that is part of the management company living in the building. • There was a discussion regarding the cost of the underground parking, which would be roughly $50 a month, and why that cost couldn’t be included in the lease. The owner commented that he needed to be competitive in the marketplace and other apartment buildings in the area don’t include it in their lease. • Assignment of a specific parking spot for each unit in the underground parking garage was also discussed. • Commissioner Swenson asked Mr. Morey to explain what deferred parking meant. Mr. Morey explained that the Zoning Ordinance does allow deferred parking for commercial, industrial, institutional and multiple family uses via a deferred parking agreement drafted by the city attorney’s office. The City can require those deferred parking spaces to be built if parking demand exceeds supply. • Mr. Morey stated that the Planning Commission will need to decide if the parking spaces could be deferred or constructed with the initial development of the site. • Snow storage would be located in the green space available on site and would not block parking stalls. • Availability of the underground parking was an issue with the Planning Commission. They felt it should be included with the lease or the surface spaces should be built with the initial development of the site. • Mike Morgan, one of the owners of the Arris Apartments, felt that they have to follow what the market dictates. Their rents have to be competitive so they need to give flexibility to those who sign the lease regarding their desire for an underground parking space. • Mr. Morgan would prefer to have the deferred parking and additional green space, but he will build all the surface parking spaces with the initial construction to keep the underground parking as an option, not mandatory, in the lease. • Mr. Morey commented that the Avonlea Village Green apartment charges extra for their underground parking and many of the tenants have decided not to pay that extra charge so there is spillover of on-street parking into the adjacent single family neighborhood, especially during the spring and summer months. Planning Commission Meeting Minutes, October 1 5, 2020 Page 6 Even though the City has signed the surrounding streets with ‘No Parking’, it continues to be a problem. Mr. Morey stated that staff doesn’t want a similar situation with the Arris Apartments. • Screening on the east side of the recreation area was discussed along with the pool and patio hours of operation. • Storage on each floor was questioned. Mr. Knutson stated that there will be storage lockers on each level for $10-$15 each. There will also be a bike rack at the head of each underground parking stall. • There was concern for how many existing trees will be removed with this development. The developer did submit a tree preservation plan. In addition, the landscape plan will be forwarded to the City Forester who will review it prior to consideration by the City Council. • Commissioners Lillehei and Swenson reflected on the comments provided by the neighbors, each providing their own personal experiences with similar situations. They acknowledged the character of the neighborhood and believed it would still be a wonderful neighborhood after the apartment building is constructed. It’s the people in the neighborhood that make the neighborhood great. • The building owner would prefer to construct the surface parking spaces with the initial development of the site. If they construct all of the surface parking spaces and do not request a parking deferment, they will meet Zoning Ordinance requirements so the City cannot require the developer to include the underground parking in their leases. • Chair Kaluza appreciated the neighbors being a part of the process tonight. He added that the Planning Commissioners are appointed by the City Council and the City Council has the final decision on these development applications. Motion was made by Lillehei, seconded by Swenson to recommend to City Council approval of the Arris Apartments preliminary plat, conditional use permit to allow the construction of a 197-unit multiple family dwelling greater than 48 feet in height in the M-1, Mixed Use I-35 Corridor District, and vacation of public right-of-way, slope, and road, drainage and utility easements, located east of Kenrick Avenue and north of 175th Street, and adoption of the Findings of Fact dated October 15, 2020, subject to the following stipulations, as amended: 1. The subject site shall be developed in accordance with the site and building plans as approved by the City Council. 2. Any mechanical equipment installed on the building roof shall be screened from view of Kenrick Avenue, 173rd Street, and the adjacent residential uses in accordance with Section 11-21-13 of the Zoning Ordinance. 3. Dedication of right-of-way for Kenrick Avenue and 173rd Street as shown on the preliminary and final plat and revision of the final plat to include an outlot for the public right-of-way to be acquired for the Ultimate I-35/CSAH 50 interchange shall be subject to review and approval by the City Engineer. 4. A no parking zone on 173rd Street within the plat shall be designated by resolution of the City Council to be adopted at the time of final plat approval. 5. The developer shall construct a concrete sidewalk from 173rd Street to 175th Street subject to review by the City Engineer. Planning Commission Meeting Minutes, October 1 5, 2020 Page 7 6. The dimensions and construction specifications for enclosed off-street parking stalls and drive aisles shall comply with the provisions of Section 11-19-7.1.3 of the Zoning Ordinance. 7. The landscape plan shall be revised to remove proposed plantings from areas of the subject site the City has identified for acquisition of right-of-way for the Kenrick Avenue and all plantings shall comply with Section 11-21-9.C of the Zoning Ordinance subject to review and approval of the City Forester. 8. All fences shall comply with Section 11-21-5 of the Zoning Ordinance and require issuance of a permit subject to review and approval of the Zoning Administrator prior to installation of any fence upon the property. 9. All signs shall comply with Section 11-23-19.D of the Zoning Ordinance and require a sign permit prior to placement upon the property, subject to review and approval of the Zoning Administrator. 10. Any exterior storage of waste containers shall require an enclosure meeting the requirements of Section 11-18-11.B of the Zoning Ordinance. 11. The final plat shall require satisfaction of park dedication requirements as a cash fee in lieu of land in accordance with Section 11-4-8.J of the Subdivision Ordinance. 12. All drainage and utility easements shall be subject to review and approval of the City Engineer. 13.All grading, drainage, erosion control, and wetland impact/mitigation plans shall be subject to review and approval of the City Engineer. 14. All utility plans shall be subject to review and approval of the City Engineer. 15. The developer shall enter into a development agreement drafted by the City Attorney and subject to approval of the City Council prior to approval of a final plat. Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Witte, Zimmer, Drotning Nays: 0 There being no further business, the meeting was adjourned at 9:31 p.m. Respectfully submitted, Penny Brevig, Recording Secretary