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HomeMy WebLinkAboutItem 09 Date: Item No. ARRIS APARTMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Arris Apartments preliminary and final plat, 2) a resolution vacating public right-of-way and easements, 3) a resolution establishing No Parking along 173rd Street, and 4) a conditional use permit to allow a multiple family use with a building height greater than 48 feet in the M-1 District, and adoption of the findings of fact. Overview Kami Holdings, LLC representatives are requesting approval of the Arris Apartments preliminary and final plat of one lot and two outlots, the vacation of underlying public right-of-way and easements, and a conditional use permit to allow a 197-unit market rate apartment building with a height greater than 48 feet in the M-1 District . The proposed apartment building will be located east of Kenrick Avenue and north of 173rd Street. In conjunction with this project, City staff is recommending approval of a resolution establishing No Parking on both sides of 173rd Street adjacent to the site. The Planning Commission held a public hearing on the Arris Apartments preliminary plat, CUP and vacation applications at their October 15, 2020 meeting. There was comment from eight neighboring residents at the public hearing. The Planning Commission unanimously recommended approval. The Parks, Recreation and Natural Resources Committee unanimously recommended approval of the preliminary plat at their October 14, 2020 meeting. In addition, the developer conducted an on-line neighborhood input process prior to the public hearing and received several emails with questions/comments, which are included with your packet materials. Primary Issues to Consider • Have the comments made by the public been addressed? • Why is a No Parking resolution included with this preliminary and final plat? Supporting Information • Staff response to Primary Issues to Consider • Preliminary and final plat, vacation (minus the exhibits), and No Parking resolutions • CUP form and findings of fact • Signed development contract, stormwater maintenance agreement, and sidewalk easement • October 15 , 2020 draft Planning Commission meeting minutes • October 14 , 2020 draft Parks, Recreation and Natural Resources Committee meeting minutes • October 8 , 2020 planning report (minus some exhibits) and October 26, 2020 engineering report Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Daryl Morey, Planning Director November 16, 2020 Zoning and Subdivision Ordinances Primary Issues to Consider • Have the comments made by the public been addressed? The primary concerns raised by the single family homeowners to the east of the Arris Apartments site have pertained to the height of the proposed apartment building and the building setback to the east property line, the berm and landscape buffer screen adjacent to the existing single family homes, vehicle and pedestrian safety at the 173rd Street/Kenrick Avenue intersection, and on-street parking. In response to these concerns, the developer has positioned the apartment building as far west on the property as possible while preserving the future right-of-way needed for the ultimate I-35/CSAH 50 interchange improvements (shown on the final plat as Outlot A). The developer has also stepped back the height of the building so that it is only three stories at the east end adjacent to the existing single family homes. The developer is proposing to save existing trees, most importantly the row of evergreen trees along the east property line, between the proposed apartment building and the existing single family homes. In addition, the developer is proposing to plant additional evergreen and deciduous trees in this area for buffering purposes. Finally, the developer has revised the landscaping plan to include the recommendations of the City Forester and will be required by the development contract to treat the existing evergreen trees to be saved on the east side of the site consistent with the City Forester’s recommendations. The Planning Commission added a stipulation that a sidewalk be constructed by the developer on the east side of Kenrick Avenue from 173rd Street to 175th Street. The developer will receive a credit for the sidewalk construction costs adjacent to Fire Station No. 3. In addition, a resolution designating No Parking along both sides of 173rd Street adjacent to the site is included with this agenda item. Regarding on-street parking, the developer was proposing to defer some of the required off-street parking stalls to provide more green space on the site. The developer is also proposing that there be a separate charge for tenants to have an underground parking space; in other words an underground parking space will not be included in the monthly rent. After much discussion, the Planning Commission recommended that all of the surface parking spaces be constructed with the initial development of the site and that a parking deferment not be approved for this project. • Why is a No Parking resolution included with this preliminary and final plat? 173rd Street is a 32 foot wide local street that provides the primary access point for the residential neighborhoods to the east, and which will provide the primary access point for the Arris Apartments, to both the I-35/CSAH 50 interchange and the commercial businesses in the interchange area, including Fleet Farm. Because of concerns about sight visibility at the 173rd Street/Kenrick Avenue intersection and because of traffic speeds on Kenrick Avenue, Planning and Engineering staff are recommending that No Parking signs be installed on both sides of 173rd Street between Kenrick Avenue and Joy Avenue/Court. (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 20-____ RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF ARRIS APARTMENTS WHEREAS, the owner of the plat described as Arris Apartments has requested preliminary and final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and recommended for approval; and WHEREAS, the preliminary and final plat meets Subdivision Ordinance requirements; NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The Arris Apartments preliminary and final plat is hereby approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the final plat mylars, development contract, and all documents required pursuant to the development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 16th day of November 2020. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 20-___ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 16th day of November 2020 as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO._________ RESOLUTION VACATING PUBLIC RIGHT-OF-WAY AND UTILITY, SLOPE, ROAD, AND DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planni ng Commission conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public right-of-way and utility, slope, road, and drainage and utility easement vacation, and WHEREAS, the City Council has determined that it is in the public interest to approve the public right -of-way and utility, slope, road, and drainage and utility easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public right -of-way and utility, slope, road, and drainage and utility easements are hereby vacated: (see attached exhibits) 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 16th day of November 2020 CITY OF LAKEVILLE ________________________ Douglas P. Anderson, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 16th day of November 2020, as shown by the minutes of said meeting in my possession. ___________________________ Charlene Friedges, City Clerk (SEAL) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO: RESOLUTION DESIGNATING “NO PARKING” AREAS ON 173RD STREET WHEREAS, the City Council for the City of Lakeville is authorized in accordance with City Code to designate parking zones within the city, and WHEREAS, 173rd Street is a local street that provides the main access to the I- 35/CSAH 50 interchange and adjacent commercial businesses for the subject site and existing single family neighborhoods to the east, and WHEREAS, establishing “No Parking” areas on 173rd Street will discourage potential on-stree t parking, maintain sufficient access to the traffic lanes, provide increased sight lines for drivers, and reduce the interaction between vehicles and pedestrians. NOW, THEREFORE, BE IT RESOLVED, that the north and south sides of 173rd Street between Kenrick Avenue and Joy Avenue/Court shall be designated “No Parking” anytime. ADOPTED by the Lakeville City Council this 16th day of November 2020. CITY OF LAKEVILLE By: ________________________ Douglas P. Anderson, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 20-___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for Kami Holdings, LLC to allow development of a multiple family use within the M-1 District and exception to the building height limit for a principal building within the M-1 District. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, Arris Apartments 3. Conditions. The permit is issued subject to the following conditions: a) The subject site shall be developed in accordance with the site and building plans as approved by the City Council. b) 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. c) The dimensions and construction specifications for enclosed off-street parking stalls and drive aisles shall comply with the provisions of Section 11-19-7.I.3 of the Zoning Ordinance. d) Landscaping shall be installed consistent with the plans approved by the City Council. e) 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. f) 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. 2 g) Any exterior storage of waste containers shall require an enclosure meeting the requirements of Section 11-18-11.B of the Zoning Ordinance. 4. Revocation of Permit. The City may revoke the permit for cause upon determination that the conditional use is not in conformance with the conditions of this permit or is in continued violation of the Zoning Ordinance, City Code, or other applicable regulations. 5. Expiration. This CUP shall expire unless the applicant commences construction of the authorized use within one year of the date of this CUP, unless an extension is approved by the Zoning Administrator. Dated: November 16, 2020 CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 16th day of November 2020 by Douglas P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ARRIS APARTMENTS CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On 15 October 2020, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Kami Holdings, LLC for a conditional use permit to allow development of a multiple family use within a M-1 District and exception to building height limit for a principal building within the M-1 District. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for Corridor Mixed Use land uses by the 2040 Comprehensive Plan. 2. The subject site is zoned M-1, Mixed Use I-35 Corridor District. 3. Legal description of the property is: Lot 1, Block 1, Arris Apartments 4. Section 11-4-3.E of the City of Lakeville Zoning Ordinance provides that the Planning Commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 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: The proposed land use is consistent with the 2040 Comprehensive Plan goals for inclusion of multiple family land uses within commercial developments adjacent to the I- 35 corridor in proximity to transit facilities to provide market support for surrounding business and expand housing choices within Lakeville. b. The proposed use is or will be compatible with present and future land uses of the area. 2 Finding: The subject site is surrounded by the existing and planned uses shown in the table below: Direction 2040 Land Use Zoning Existing Use North Commercial C-3 District Fleet Farm East LD Residential RS-3 District Single family South Commercial C-3 District Pizza Hut, Goodyear, Vacant West -- -- I-35 The M-1 District performance standards, site topography, and site plan establishing location of the proposed building, landscaping and tree preservation provides for separation of the proposed building and active areas of the site plan from the adjacent uses being much greater than would be required of a commercial development of the property and adequately addresses potential compatibility issues. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed use will comply with all performance standards of the Zoning Ordinance and City Code applicable to the subject site including the provisions of Section 11-17-7.E of the Zoning Ordinance for exception to height limit of the M-1 District for the principal building. 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 the proposed use can be accommodated within the City’s existing public service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Kenrick Avenue, which is designated as a Major Collector street by the 2040 Transportation Plan. The traffic analysis and pedestrian crossing analysis submitted by the developer demonstrate that existing streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. 5. The report dated 8 October 2020 prepared by The Planning Company LLC (TPC) is incorporated herein. 3 DECISION The City Council approves a Conditional Use Permit allowing development of the Arris Apartments within the M-1 District with an exception to the building height limits of the M-1 District for the principal building in the form attached hereto. DATED: November 16, 2020 CITY OF LAKEVILLE BY: __________________________ Douglas P. Anderson, Mayor BY: __________________________ Charlene Friedges, City Clerk 1 Matthew Knutson From:Allison Krueger <ankrueger14@gmail.com> Sent:Monday, August 3, 2020 9:27 PM To:Matthew Knutson Subject:Comments on the AMCON Lakeville Apartment Mr. Knutson: Thank you for taking the time to meet with our neighborhood last week. It was very helpful to walk through the plans and discuss some potential changes that may be implemented by the developer to address some of our concerns. My concerns regarding the current plans are as follows: 1. Buffer: While I understand that the setback from the neighborhood property lines to the building may not be increased from 89 feet, I would like there to be a better tree preservation plan for some of the tall trees in the area. The current plans call for a majority of the trees to be removed and smaller trees to take their place. I am concerned the current plan will not provide a good screening for the neighbors whose property directly abuts the complex. Specifically, those neighbors would be able to see and hear residents at the pool. Adding additional trees and extending the berm to make it deeper would help provide some natural barriers. Privacy fences near the pool may also provide a shield from the pool noise. 2. Light: I am concerned about the light pollution from the increase in cars coming up 173rd and shining their lights in our neighborhood. I am also concerned about the lights of cars turning into the garage. I would prefer there to be additional light fixtures in the parking lot to decrease the lumens each fixture emits and lower the light pollution into our neighborhood. 3. Parking: I understand there was a traffic study done to determine the amount of parking that will be needed for the residents. After finding out parking will not be allowed under 173rd St, I am concerned there will be parking overflow into the neighborhood (and right in front of my house). Especially considering the underground parking will likely be a premium cost, I am concerned that residents will choose not to use it (or cancel it in the winter months) and the outdoor parking lot will not be able to accomodate all of the parking. Whenever you get a chance, can you send me the traffic study that you performed? I look forward to working with you to address my concerns regarding the above. I also have concerns about the traffic increase in the area as well as the noise and disruption of the anticipated 18 months of construction. If you have any questions, please feel free to contact me at (708) 951-1119. Thank you, Allison Krueger 1 Matthew Knutson From:Brian Bross <brian.a.bross@gmail.com> Sent:Wednesday, August 12, 2020 11:08 AM To:Matthew Knutson Subject:Amcon Lakeville Apartment Comments Greetings Matt, First off, I would like to thank you for a productive meeting with our neighborhood. I feel there was a valuable exchange of information and ideas on both sides of this project. Below are my concerns as well as suggestions on how to possibly mitigate them: 1. Buffer abutting the residential homes: The original concept drawing of this project illustrated a 100ft natural buffer of untouched trees followed by an additional 100ft of green space before the 4 story building. The current plan of a 50ft buffer and 89ft to the parking garage eliminates all of the tall trees between the bottom of the berm and the building. Of the homes bordering this apartment, our property will be the closest to the building at 89 ft and void of any significant screening (Other than existing spruce) both in height and depth. A majority of the remaining spruce trees on the existing berm are either in poor health or dying. I feel the landscaping on this portion of the property needs to be increased both in density and height in order to provide a good screening from the pool and the building. With the elimination of all the tall trees and the building design, there will also be a large void of any barrier to freeway noise and lights. Ideally, I would like to see the garage porting of the building that abuts my yard eliminated and those approximately 23 parking spots moved above ground. This however, seems unlikely. My first suggestion is a tall privacy fence around the pool area that will shield a portion of the anticipated light and noise while giving tenants a bit of privacy from the neighbors and Fleet Farm auto repair operations to the North. Secondly, I propose adding to the existing berm and planting additional rows of 10ft Black Hills spruce. By adding to the existing berm, there is an immediate gain in height of the trees planted, the depth of the buffer is increased and if/when the existing spruce thin out and die, there is sufficient coverage to maintain the screen. Behind these spruce some strategically placed deciduous trees would break up the evergreen hedge for the apartment tenants and add height over time. 2 Please see the attached picture for reference... On the Tree Preservation plan there is the following note... 3 How long is the builder responsible for trees that are supposed to be saved but ultimately die due to damage? If these trees die 12 months after construction is complete what recourse do neighbors have? 2. Light pollution: As cars enter the complex from the East entrance we are concerned about headlights shining into the homes of not only those bordering the property but also those in line with 173rd...this will be most prevalent during winter months when the leaves are gone and daylight is short. Additional screening of evergreens and berming along the southeast corner would help....see above picture. Parking lot lights are also a concern, especially with the loss of tree cover to absorb some of the impact. Instead of tall high lumen fixtures, I’d like to suggest a higher number of low lumen fixtures that provide a right balance of safety and reduced light pollution. 3. Parking: Since underground parking will be an additional cost, I am concerned there will be times (Spring/Summer) when tenants opt not to pay for this amenity. This has the potential to overload the outdoor parking capacity of the complex which leaves our neighborhood as the only alternative. With parking in the neighborhood comes additional traffic and the potential for tenants to cut through yards looking for the shortest route home or to their car. Above ground parking must be able to handle the demand of the building If the “Proof of Parking” spots are required to be paved, there is a significant loss of green space and an increase in light pollution. It also changes the whole look of the building. If these spots are required, I believe the landscaping needs to be adjusted to break up the large parking lot look and provide a more welcoming appearance as well as screening from the additional headlights. 4. Traffic: I realize there was a traffic study done but I am concerned about not only the car traffic in the 173rd / Kenrick Ave area but also the safety of pedestrians. The intersection of 173rd and Kenrick Ave is tricky due to the curves of each road creating multiple blind spots. In non-COVID times, trying to enter or exit 173rd can be a big challenge during various times of the day. The intersection is right in the middle of an S-turn on Kenrick Ave which creates blind spots from each direction. Current conditions cause delays as cars wait for an opening to exit the neighborhood...The addition of 200+ cars at this intersection poses many concerns for those of us who’ve had long waits trying to make a left turn from 173rd onto Kenrick. The other concern is that of pedestrian traffic in this area. Currently there is no sidewalk along the Southeast side of this intersection and there is no crosswalk in this area to safely reach the sidewalk on the West side of Kenrick. In order to reach the sidewalk leading to the main shopping areas, a person must engage in a dangerous game of “frogger” to cross Kenrick Ave. As I mentioned above, the 4 S-curve of the road creates multiple blind spots for drivers to see pedestrians...day or night. There have been many times when I watched kids making a dangerous “run for it” trying to reach the sidewalk and nearly being hit. One premise of changing the zoning of this parcel to M-1 was it’s proximity to transit and shopping reducing the need for a car. The unfortunate reality of this site is that its not currently pedestrian friendly...and most times is very dangerous. The additional foot traffic from the apartment will only increase traffic congestion as people attempt to cross this road. The best solution would be to install a sidewalk along the Southeast side of Kenrick Ave from 173rd to the roundabout....Please see the picture below for reference. 5. Disruption and traffic during construction: 173rd St. is the main artery for our neighborhood. If cars and equipment are parked on the sides of the street it will create a major bottleneck. I would ask that parking be kept on site during construction. Once again, I’d like to thank you for listening to our concerns and look forward to your response. If you have any questions please feel free to contact me at 612.961.0871. Thank you, 5 Brian & Lynn Bross 17289 Joy Ct 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Monday, July 27, 2020 10:53 AM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Mon, Jul 27, 2020 at 10:30 AM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com> Good morning. I am a resident in the Argonne Estates Neighborhood where the proposed Lakeville Apartment Complex is being planned. I am all for progress but feel this apartment building being proposed is so sterile in its looks. I concur with my neighbor that it needs to fit more aesthetically with the looks of our neighborhood and maybe consider adding brick or stone to the façade. My biggest concern is the size of the building, I truly believe 4 stories is too large when backing up to single family living. This is especially true concerning the amount of buffer you are proposing. I think MANY more trees are needed and maybe closing off 173rd so the traffic into our neighborhood where we have many many young children does not become overwhelming. I have accepted that this project will indeed take place, however, it is very disappointing as property values will decline and the noise and lighting in what is now a very quiet, peaceful entrance will be disruptive. Thank you for your time and I hope you take our concerns into consideration. First Name: Cindy Last Name: Smith Phone Number: Address: 17329 Joplin Ave 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Thursday, August 6, 2020 3:35 PM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Thu, Aug 6, 2020 at 3:32 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com>, <mknutson@amconsonstruction.com> Matt, Thank you for coming out to meet with us in Argonne Estates. I appreciate your willingness to discuss the apartment development with us. My concerns and hopes are as follows: - A more substantial buffer between our neighborhood and the apartments. Specific ideas, widening the setback, keeping/planting more mature trees, taller & wider berm. Lastly, the mayor has suggested that if the closure of 173rd at Joy Ave was a part of your plan, it would have a higher likelihood of approval. This would go A LONG WAY toward appeasing our neighborhood and improving the overall feeling toward your development. - Avoiding light pollution. Concern is 300 cars’ lights shining into our neighborhood regularly, parking lot lights effecting our neighborhood. Shorter light poles would be helpful. - The potential of the garage entrance coming off of Kendrick vs. 173rd. That would greatly reduce the number of cars on 173rd, which is not ready for 300 more cars a day, especially on the corner with Kenrick. This would be very unsafe for your tenants and our neighborhood. - Parking - 300 plus cars plus guests cars could seriously clutter 173rd, and potentially end up parked in our neighborhood. Again, closing 173rd and Joy would help that immensely! Thank you for your consideration, Derek Naill 612-532-1760 First Name: Derek Last Name: Naill Phone Number: 6125321760 Address: 17346 Joplin Ave. 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Tuesday, August 4, 2020 3:24 PM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Tue, Aug 4, 2020 at 1:45 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com>, <mknutson@amconsonstruction.com> Mr. Knutson: Thank you for taking the time to meet with our neighborhood last week. A few potential concerns that would be helpful for our neighborhood: 1. Buffer: While I understand that the setback from the neighborhood property lines to the building may not be increased from 89 feet, I would like there to be a better tree preservation plan for some of the tall trees in the area. The current plans call for a majority of the trees to be removed and smaller trees to take their place. I am concerned the current plan will not provide a good screening for the neighbors whose property directly abuts the complex. Specifically, those neighbors would be able to see and hear residents at the pool. Adding additional trees and extending the berm to make it deeper would help provide some natural barriers. Privacy fences near the pool may also provide a shield from the pool noise. 2. Light: I am concerned about the light pollution from the increase in cars coming up 173rd and shining their lights in our neighborhood (specifically my house as we catch all the current traffic lights into the back of our house). I would prefer there to be additional light fixtures in the parking lot to decrease the lumens each fixture emits and lower the light pollution into our neighborhood. 3. Parking: I am concerned there will be parking overflow into the neighborhood (beyond the no parking on 173rd) Thanks for listening! First Name: Greg Last Name: Holker Phone Number: 6123271579 Address: 17313 Joplin Avenue 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Tuesday, August 4, 2020 5:06 PM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Tue, Aug 4, 2020 at 4:02 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com>, <mknutson@amconsonstruction.com> Hi Matt, Thanks for coming out to meet with us last week. My main concern with this project is traffic on 173rd and the 2 intersections of Joy Ave and Kenrick. I will be examining the traffic study as soon as that's made available however we were directed to get our comments in before 8/6. We feel the same as other parents of small children in the neighborhood that a full closing of 173rd to Joy Ave would have the greatest effect of preserving the quality of our neighborhood and could help to offset the negative impact to the intersection on Kenrick. The reason I mention this here is that another neighbor recently met with Mayor Anderson and the mayor's advice was to have the developer propose that closure in the plans submitted to the city. Aside from safety we are also in unity with our neighbors in asking for ways to make this project cohesive with the well maintained neighborhood it will directly abut through improvement of the berm, extended large tree preservation, reduction of light pollution, and any possible improvement on the set back. First Name: JAY Last Name: HARMS Phone Number: 6122406700 Address: 17265 Joy Court 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Friday, July 24, 2020 7:13 PM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Fri, Jul 24, 2020 at 6:37 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com> Would a traffic impact study be included this plan? First Name: JAY Last Name: HARMS Phone Number: 6122406700 Address: 17265 Joy Court 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Sunday, July 26, 2020 5:10 PM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Sat, Jul 25, 2020 at 8:51 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com> I’m interested in learning about the lighting that will be used in the parking lot. We live across the street and don’t want light pollution coming in the windows and having a glow all night. Living next to a wal mart like parking lot with tons of light is a concern. Will they be dimmed and placed so we don’t see all that light? Can brick be used in the design to better fit in with the houses? Design doesn’t match the neighborhood. Thanks. First Name: John Last Name: Goth Phone Number: Address: 17353 joy Ave 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Thursday, August 6, 2020 7:21 AM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Wed, Aug 5, 2020 at 10:18 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com>, <mknutson@amconsonstruction.com> First of all I would like to thank Matt Knutson for coming to our neighborhood to meet with some of the neighbors that were available during that time to discuss some of our concerns about the impacts of this large apartment complex next to our quiet and peaceful single family neighborhood as it is very concerning to many of us. Matt was very friendly and was very professional in listening to our feedback and helping use better understand different aspects of the project and the construction of such a large apartment building. Here is a list of some areas of concern for consideration for putting a 196 unit complex next to single family homes to make the transition to our neighborhood better and have less impactful. • Building setback. The building should be set back farther than it is and the transition of the building should go from ground to only 1 story (not 2 stories) and then progressively step up to the 4th floor. Having a 2 story end to the building is very large directly next to single family homes. • Increase Tree Preservation and Buffer. Increase tree preservation on the east side of the project as much as possible. Currently there are only 60 trees that are being preserved when there could be many more trees left if the projects focus was a better more natural transition and buffer between a 4 story 196 unit complex and upscale single family homes. Also the trees that are planted on the east side of the apartment complex should be mature trees not small trees as larger more mature trees will help with the buffer between the apartment complex and our neighborhood. Increasing the height and width of the berm on the east side of the project where the apartments are close to the single family homes and adding tress that have foliage year round to help with the winter buffer for our neighborhood. • Increase parking to the maximum. Putting only the minimum surface parking spots will have parking spill into our neighborhood when the small lot is full since 173rd street will have no parking signs on it. The full parking surface lot should be completed, including the 92 extra parking stalls, with the development and not set aside for the development to potentially do in the future as there may or may not be funding for this in the future and there may not be realistic trigger points that are reasonable for our neighborhood and will leave that burden on our neighborhood if the full parking surface capacity is not completed with the main project. Leaving this to a “proof of parking” will just add additional costs down the road and this should not be left to change if or when this is build as the parking will be needed otherwise the direct impact will be on our neighborhood and this is not an acceptable way to plan a project when taking the neighboring homes into consideration. • Vehicle Traffic. The traffic study that was completed was done during COVID-19 and is not a realistic study of the traffic on Kenrick and 173rd street. Kenrick is very busy and it is very hard to turn left when leaving 173rd currently with just our neighborhood and the surrounding traffic. There needs to be an entrance into the apartment complex on Kenrick to entering traffic pressure off 173rd street for those entering the 2 apartment complex. There should also be an exit onto Kenrick directly from the apartment complex to take traffic pressure off 173rd for cars leaving the apartment complex. 173rd street should be widened at Kenrick to allow for well marked turn lanes as it is a very narrow street since it does not have a 90 degree street as it is a very sharp corner due to the hockey stick in the road on 173rd where it adjoins Kenrick. Widening 173rd street for the increased traffic would help reduce accidents in this areas. • Pedestrian Traffic. Putting a 196 unit apartment building is going to add a lot more pedestrian traffic to the area. A crosswalk across Kenrick at 173rd street is needed as there are already too many people walking and biking that take a risky crossing on Kenrick at 173rd street and that risk needs to be mitigated by a pedestrian crosswalk being added. Also there needs to be a sidewalk that the developer should pay for in their plans to put a sidewalk in the area of outlot A connecting the sidewalk on the east side of Kenrick from where it ends on 173rd street to the existing sidewalk that is on the east side of the fire station. • Construction traffic, parking and other impacts. The construction traffic for the project should in and out of Kenrick to minimize the impacts to 173rd street and our neighborhood. There is ample room with the 50’ setback that city will not let you build on the west side of the property off Kenrick to minimize the impact to our neighborhood. During construction there needs to be no parking signs on 173rd street otherwise with construction vehicles on that street it could be very hard and dangerous to drive, bike and walk on the road since the sidewalk may not be useable on 173rd during parts or all of the project due to the construction. During construction projects there are often nails or other hazards on the road that are from the construction site and any damages to the residents vehicles and bikes due to the construction impacts if there are any should be paid for by the project. Construction should only be done during the city ordinance and the developer should be monitoring all subcontractor for violations and correcting those prior to the neighborhood having to report violations to the developer and/or city. • Building Exterior. The building exterior should more closely match the aesthetics of our neighborhood. The building has more of a warehouse, industrial building or storage building look and adjoining single family homes look should try to be incorporated into the exterior of the apartment building. Several of the other apartment or senior living building going up near the development are brick and have a much nicer look to them when adjoining a neighborhood which many of the bordering homes have brick front fronts. • Light pollution. There needs to be more and lower light poles to keep the light lower to prevent light pollution into our neighborhood. Also a physical barrier or privacy fence should be put up in areas where vehicle lights entering the apartment complex could shine into the houses in our neighborhood. • Utility and infrastructure. The utility and infrastructure expenses for this apartment complex should be solely assessed to the apartment project. There should be NO property tax impacts to the neighboring homes due to the construction of the apartment complex as that should be fully built into the development cost of the project for the new property owner and developer. • Privacy fence. There should be a privacy fence incorporated into the east side of the project help with the buffer with the neighborhood. First Name: KYLE Last Name: SCHIFFLER Phone Number: 6128654531 Address: 17248 JOY CT Lakeville MN 55044 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Tuesday, August 4, 2020 8:09 PM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Tue, Aug 4, 2020 at 7:23 PM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com>, <mknutson@amconsonstruction.com> Hi Matt, My main concern with this apartment is the increase in traffic on 173rd and the intersections of Joy Ave and Kenrick. I appreciate the traffic study you had done and I am looking forward to seeing the results. It is really challenging getting out onto Kenrick at certain times of the day even before we add 200 or more cars to the equation. We feel the same as other parents of small children in the neighborhood that a full closing of 173rd to Joy Ave would preserve the quality of our neighborhood and would help to offset the negative impact to the intersection on Kenrick. The reason I mention this here is that another neighbor recently met with Mayor Anderson and his advice was to have the developer propose that closure in the plans submitted to the city. Aside from safety we are also in unity with our neighbors in asking for ways to make this project cohesive with the well maintained neighborhood it will directly abut through improvement of the berm, extended large tree preservation, reduction of light pollution, and any possible improvement on the set back. First Name: Laura Last Name: Harms Phone Number: 6122013310 Address: 17265 Joy Ct 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Friday, July 24, 2020 6:03 PM To:Matthew Knutson Subject:Re: New Message From Amcon Construction On Fri, Jul 24, 2020 at 5:28 PM <mail@amconlakevilleapartments.com> wrote: I live in the Argonne Estates neighborhood next to the proposed Lakeville Apartment building for 173rd St W and Kenrick Ave. My single family home is on the corner opposite the side of the street in which this building is proposed to be built. So, I will be impacted by this building especially during the months when the leaves have dropped. I'll be looking right at through by back windows. I don't like the idea that this building will be built in this location however I've come to terms that the land would eventually be developed. I have some concerns I ask to be reviewed which I've outlined here: 1) I've reviewed the rendering and plans. This is a massive building to be built adjacent to a single family neighborhood. Much larger than anticipated! The height and size of this building don't fit the area and don't allow for a transition in living environments. I would like to see the height reduced from 4 floors to 3 floors and there needs to be more of a setback towards Kenrick Ave from the neighborhood with ample coniferous trees planted for year round coverage. 2) I fear for the devaluation of my property. The marketability to sell my home in the future will decrease significantly as less buyers looking for a great single family home neighborhood will want to move in close to this property. 3) The Argonne Estates neighborhood has brick-faced homes. Due to the close proximity of the homes this building should compliment the look of the neighborhood to help with the lack of land transition. The main entrances have an attractive touch however the rest of the building could use more class in the design elements. 4) 6 months of the year I will be looking at this building through my back windows. I would like to see the developer build a berm similar to the one directly behind the homes one the same side of the street and plant large coniferous trees for year round coverage. I appreciate the review of my comments and welcome your follow up. First Name: Trevor Last Name: Radner Phone Number: 6125999425 Address: 17331 Joy Ave 1 Matthew Knutson From:Matthew Knutson <matthew.knutson11@gmail.com> Sent:Wednesday, August 5, 2020 11:27 AM To:Matthew Knutson Subject:Fwd: New Message From Amcon Construction ---------- Forwarded message --------- From: <mail@amconlakevilleapartments.com> Date: Wed, Aug 5, 2020 at 10:26 AM Subject: New Message From Amcon Construction To: <chad@marketingbyintegrated.com>, <matthew.knutson11@gmail.com>, <mknutson@amconsonstruction.com> If the project proceeds, how will the road be designed to handle the heavier traffic load? The existing traffic levels on Kenrick Ave are already bad. Taking a left turn out of Fleet Farm is currently a big challenge. In addition, during the morning and evening commute times, traffic is almost nonstop, due to commuters using the Metro Transit parking ramp. Adding another 200+ cars to the existing road will make the area a nightmare. The round-about at 175th is already over-loaded. Kenrick was recently resurfaced, finally!!--who will pay for the new road, which will be needed because of construction traffic damage. Sidewalks? First Name: Winston Last Name: Christensen Phone Number: 952-435-7943 Address: 10695 - 175th Street West 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 Parks, Recreation & Natural Resources Committee Meeting Minutes, October 14, 2020 Page 2 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 8 October 2020 RE: Lakeville – Arris Apartments TPC FILE: 135.01 BACKGROUND Kami Holdings LLC has submitted applications for development of a 197 unit apartment building at the northeast quadrant of Kenrick Avenue and 173rd Street. The proposed development requires consideration of applications for preliminary plat, final plat, a Conditional Use Permit for multiple family uses within the M-1, Mixed Use I-35 Corridor District, a Conditional Use Permit for building height greater than 48 feet, site and building plan review, and vacation of existing public right-of-way and easements. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 15 October 2020. Exhibits: A. Site Location Map B. Zoning Map C. Project Narrative D. Traffic Analysis dated June 13, 2020 E. Pedestrian Crossing Analysis dated September 30, 2020 F. Preliminary Plat G. Site Plan H. Utility Plan I. Grading, Drainage & erosion Control Plan J. Landscape Plan (6 sheets) K. Tree Preservation Plan L. Lighting plan (2 sheets) M. Site Cross Section N. Architectural elevations and cross section drawing (5 sheets) O. Building Floor plans (11 sheets) 2 ANALYSIS Comprehensive Plan. The 2040 Comprehensive Plan guides the subject site for Corridor Mixed Uses on the 2040 Land Use Plan. Corridor Mixed Use land uses are to provide for development within the I-35 corridor of commercial areas with opportunity for incorporating multiple family dwellings nearby to existing and planned transit facilities. The proposed development of the subject site with a multiple family use is consistent with the objectives of the Corridor Mixed Use land use designation based on proximity to the existing Metro Transit terminal on I-35 to the north of the subject site, surrounding businesses and providing for a desirable land use transition to low density residential uses to the east. Residential density for parcels guided Corridor Mixed Use is limited to 26 dwelling units per acre. Density is calculated on the basis of net area of the property to be developed less wetlands and right-of-way for collector and arterial streets. The subject site consists of 3 parcels east and north of Kenrick Avenue and 173rd Street, respectively. The net area of Lot 1, Block 1 is 8.31 acres, which would allow for development of up to 216 dwelling units at 26 dwelling units per acre. The proposed 197 dwelling units are within the density allowed for the subject site by the 2040 Comprehensive Plan. Zoning. 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 established by Section 11-65-5.N of the Zoning Ordinance, which are reviewed in subsequent paragraphs. Surrounding Uses. The subject site is surrounded by the existing and planned uses shown in the table below: Direction 2040 Land Use Zoning Existing Use North Commercial C-3 District Fleet Farm East LD Residential RS-3 District Single family South Commercial C-3 District Pizza Hut, Goodyear, Vacant West -- -- I-35 The M-1 District performance standards require multiple family uses to provide for increased setbacks from the single family neighborhood to the east and the site plan has been designed to shift the building as far west as possible to preserve existing trees and plant additional landscaping as a buffer. The developer provided a cross section drawing of the proposed site plan illustrating the horizontal perspective of the site topography and site plan with the proposed building, landscaping and tree preservation to illustrate the relationship with the adjacent single family neighborhood to the east. The separation of the proposed building and active areas of the site plan from the adjacent residential uses is much greater than would be required of a commercial development of the property and adequately addresses potential compatibility issues. 3 Lot Area. Section 11-65-7.N.1.b(1) of the Zoning Ordinance requires multiple family uses to provide a minimum of 1,675 square feet of net lot area per dwelling unit. The area Lot 1, Block 1 is 8.31 acres or 361,983.6 square feet. Based on 197 dwelling units, the lot area per unit for the proposed multiple family use is 1,837 square feet per dwelling unit, which complies with the Zoning Ordinance. Floor Area Ratio. Section 11-65-7.N.1.b(2) of the Zoning Ordinance limits the floor area ratio for the proposed multiple family building to 0.7 as the subject site abuts single family lots zoned RS- 3 District to the east. The gross floor area of the proposed building (not including the below grade parking level) is 203,974 square feet and the area of the proposed lot is 361,983.6 square feet. The floor area ratio of the proposed development is 0.56, which complies with the limit established by the Zoning Ordinance. Setbacks. The table below outlines the setbacks required for development of the subject site by Section 11-65-7.N.6 and Section 11-65-13 of the Zoning Ordinance. The location of the proposed multiple family building within the lot exceeds the minimum setbacks required by the Zoning Ordinance, including an almost 34 foot increase above the setback required from the east property line abutting the adjacent single family neighborhood. The proposed building setbacks also take into account the future right-of-way requirements for the realignment of Kenrick Avenue as part of the I-35/CSAH 50 interchange ultimate design. Kenrick Ave. 173rd St. North East Required 30ft. 30ft. 10ft. 50ft. Proposed 54.3ft. 99.7ft. 32.8ft. 88.9ft. Dwelling Units. The proposed building has a mix of studio (efficiency), 1-bedroom, 2-bedroom and 3-bedroom dwelling units summarized in the table below: Min Floor Area Required Proposed Floor Area # of Units % of Total Units Studio 500sf. 515-621sf. 23 11.7% 1 Bedroom 700sf. 703-794sf. 80 40.6% 1+ Bedroom 700sf. 863-896sf. 28 14.2% 2 Bedroom 800sf. 1,030-1,199sf. 51 25.9% 3 Bedroom 880sf. 1,331-1,395 15 7.5% The proposed dwelling units comply with the minimum floor area requirements specified in Section 11-17-13.B of the Zoning Ordinance. Section 11-17-15 of the Zoning Ordinance further limits the mix of dwelling units to not more than 30 percent efficiency units, which the proposed building complies with. Exterior finish. The exterior materials for the proposed building must comply with Section 11-65- 7.N.3.a of the Zoning Ordinance requiring minimum of 50 percent of the combined area of all 4 elevations to have an exterior finish of brick, stucco, and/or natural or artificial stone. The submitted building elevation plans identify the type of all exterior finish materials and include a schedule indicating the percent of the total area of the exterior of the principal building using required materials. 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. Building Height. Multiple family buildings within the M-1 District are limited to a height of four stories or 48 feet by Section 11-65-7.N.2 of the Zoning Ordinance. Illustrations of the proposed building indicate a flat roof design except for architectural angled roof elements at the building entrances. The architectural design includes two, three, and four story sections to create a varied roof line and wall elevations that minimizes building mass further emphasized by changes in material texture and color. The developer modified the design of the building and site after discussions with City staff to keep the tallest sections of the structure as far west as possible as shown below measured from the east property line  Garage only: 87ft.  2-story section: N/A  3-story section: 138ft.  4-story section 189ft. The height of the roof above the four story building sections is 46 feet and the height to the tallest parapet is 48 feet. There are slanted roofs over the section of the building that include the entrances that have a height of 53 feet to the midpoint of the slanted roof defined in accordance with Section 11-17-7.A of the Zoning Ordinance. Exceptions to zoning district height limits are allowed by approval of a conditional use permit under Section 11-17-7.E of the Zoning Ordinance. The additional building height does not have any effect on the intensity of the use of the property and the site plan does meet the performance standard for the additional building height to provide for an additional 5 feet of setback for each 10 feet of building height above 35 feet for front and side yards. The easterly 53 foot roof section is approximately 400 feet from the property line abutting the adjacent single family neighborhood to the east. The proposed additional building height satisfies the criteria for approval of the conditional use permit. If mechanical equipment is to be located on the building roof, the parapets must be high enough so as to screen the mechanicals from view of Kenrick Avenue, 173rd Street, and the adjacent residential uses in accordance with Section 11-21-13 of the Zoning Ordinance. Streets. The subject site abuts Kenrick Avenue and 173rd Street. Kenrick Avenue is designated as a Major Collector street and 173rd Street as a local street by the 2040 Transportation Plan. The developer has provided a traffic study demonstrating that Kenrick Avenue has adequate capacity for the traffic generated by the proposed development. City staff recommends that 173rd Street be posted as a no parking zone to minimize conflicts with through traffic for the residential neighborhood to the east. The developer received feedback from the adjacent single family 5 neighborhood that 173rd Street should be closed at the east line of the proposed development to prevent traffic from entering the low density residential area. The traffic study indicates that Kenrick Avenue via 173rd Street is the primary access point for the proposed use as well as the single family neighborhood to the east based on ease of access. The report concludes that the single family residential neighborhood will be exposed to minimal through traffic from the proposed development. In addition, closing 173rd Street would leave the residential neighborhood with only one way in and out, which is a circuitous route to the north to Jonquil Avenue/170th Street through another residential neighborhood. Maintaining 173rd Street is consistent with the transportation policies of the 2040 Comprehensive Plan and best practices for subdivision design to provide connections between neighborhoods to encourage interaction, distribute traffic and ensure access for residents, as well as emergency vehicles. City staff does not recommend closing 173rd Street. 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 for which the City will need to acquire right-of-way in the future. The City has officially mapped acquisition of future right-of-way from the subject site that will be required to be platted as an outlot and the landscape plan must be revised to remove proposed plantings from this outlot such that mature trees are not required to be removed in the future. Existing public right-of-way for Hibbard Highway that is within the subject site is to be vacated concurrent with the platting of the subject site as it no longer serves a public purpose. The dedication of right-of-way for Kenrick Avenue and 173rd Street as shown on the preliminary plat and final plat is subject to review and approval by the City Engineer. Sidewalks. There are existing sidewalks on the east side of Kenrick Avenue and north side of 173rd Street for pedestrian access to the subject site. The sketch plan illustrates a sidewalk from the west end of the building to Kenrick Avenue and a sidewalk from the east end of the building to 173rd Street. The proposed pedestrian accesses meet the requirements of Section 11-65-7.N.4 of the Zoning Ordinance. The submitted plans also indicate provision of a pedestrian crossing from the northeast corner of the Kenrick Avenue and 173rd Street intersection to the west side of Kenrick Avenue, which would provide for access to commercial areas to the southeast. The developer has provided an analysis by a qualified Traffic Engineer of the proposed pedestrian crossing. The analysis finds that there are adequate sight lines for a crossing at this location based on the design and posted speed limit on Kenrick Avenue. The pedestrian crossing analysis also concludes that measures such as installation of button activated flashing crossing signs is not warranted based on established engineering criteria. Staff has forwarded the pedestrian crossing analysis to the City’s transportation engineering consultant for review and the pedestrian crossing is to be subject to review and approval of the City Engineer. Off-Street Parking. The subject site is proposed to have 2 accesses to 173rd Street. The west access is setback approximately 170 feet from the Kenrick Avenue and 173rd Street intersection. The west and east accesses to the subject site are spaced 350 feet apart along 173rd Street and 6 the east access is setback approximately 150 feet from the east lot line. The spacing of the proposed accesses complies with Section 11-19-7.I.6 of the Zoning Ordinance. The proposed building is to have 197 dwelling units and 278 total bedrooms equal to 1.4 bedrooms per dwelling unit. Section 11-19-13 of the Zoning Ordinance requires multiple family dwellings to provide 2.0 parking stalls per dwelling unit if there are less than 2.0 bedrooms per dwelling unit. Section 11-65-7.N.5 of the Zoning Ordinance further requires that a minimum of 1.0 of the required parking stalls per dwelling unit be provided within an attached garage. Based on 197 dwelling units, 394 parking stalls are required of which 7 must be ADA accessible. The breakdown of surface and garage parking shown on the submitted plans is summarized below: Garage stalls 197 Exterior stalls Actual 104 Proof-of-Parking 93 Total 394 The site plan illustrates three van accessible stalls on the surface. The building floor plan illustrates four ADA stalls within the garage. The provision of accessible parking stalls complies with ADA requirements. There are 93 proof of parking stalls shown on the site plan that could be required to be constructed if the City determines that a need has been demonstrated. The traffic analysis submitted by the developer includes an evaluation of off-street parking for the proposed development based on information from the Institute of Transportation Engineers. The parking evaluation reasonably concludes that the proposed apartment building, which has 1.4 bedrooms per dwelling unit, will have adequate off-street parking. A deferred parking agreement will be required for the proposed development. The proposed off-street parking areas and drive aisles are setback more than 15 feet from Kenrick Avenue and 173rd Street as required by Section 11-19-7.I.1 of the Zoning Ordinance and more than 50 feet from the east lot line as required by Section 11-65-7.N.6 of the Zoning Ordinance. Section 11-19-7.I.1 of the Zoning Ordinance requires off-street parking stalls to have minimum dimensions of 9 feet by 20 feet accessed by 24 foot wide drive aisles. The proposed surface parking stalls comply with these minimum dimensions. The floor plans verify that the enclosed garage stalls comply with the minimum dimensions specified by Section 11-19-7.I.3 for minimum 9 foot by 18 foot stalls accessed by 25 foot wide drive aisles (two-way).The plans must be revised to include this information. Sections 11-19-7.I.7 and 12 of the Zoning Ordinance requires the off-street parking area to be paved in accordance the specifications approved by the City Engineer. The parking stalls must striped as required by Section 11-19-7.I.13 of the Zoning Ordinance. The parking area must be surrounded by perimeter concrete curb as required by Section 11-19-7.I.15 of the Zoning Ordinance. 7 Landscaping. A landscape plan has been submitted as required by Section 11-21-7 of the Zoning Ordinance and a tree inventory and preservation plan prepared in accordance with Section 10-4- 11.B of the Subdivision Ordinance overlaid upon the grading plan has been submitted. The landscape plan and tree preservation plan address the perimeter of the site and building foundation with emphasis for screening along Kenrick Avenue and the north lot line, as well as the requirements of Section 11-21-9.A of the Zoning Ordinance for the required buffer yard between the building and existing single family neighborhood to the east as required by Section 11-65-7.N.6 of the Zoning Ordinance. The landscape plan also addresses the provisions of Section 11-21-9.D of the Zoning Ordinance for off-street parking areas. Specific to the yard between the building and the adjacent single family neighborhood to the east, the landscape plan preserves existing significant trees within 40 feet of the east property line and provides for planting of a double row of 20 6-foot black hills spruce and clusters of six- foot balsam fir trees and complemented by ornamental trees on the apartment side of the plantings. The developer has provided a cross section drawing illustrating the proposed buildings and existing single family dwellings to the east relative to tree preservation and proposed landscaping demonstrating the effectiveness of the proposed screening measures. The height of the black hills spruce and balsam fir trees (and all other evergreen trees shown on the landscape plan) must be increased to 8 feet in height to comply with Section 11-21-9.C.1 of the Zoning Ordinance. The location, type, size of proposed plantings comply with the requirements of the Zoning Ordinance and are to be subject to review and approval of the City Forester. Outdoor Amenities. The site plan illustrates a number of outdoor recreation amenities including a patio that includes a pool, play area, grilling area, pergola, and fire pit. These outdoor amenities are all located on the east end of the building and are setback 83 feet from the east lot line, exceeding the 50 foot setback required by Section 11-65-7.N.6 of the Zoning Ordinance. The building elevation plans show a pool mechanical building constructed of rock face block within the area. 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. There is also pet exercise area on the west end of the building. Section 11-21-5.A of the Zoning Ordinance requires details regarding fencing for the patio and pool area to be submitted for review and approval by the Zoning Administrator, including compliance with Section 11-21-5.G of the Zoning Ordinance related to pools. Exterior Lighting. The developer has submitted a lighting plan showing the location, height, type, and illumination pattern of all exterior lighting. The intensity of exterior lighting is limited not to exceed 115 foot-candles at ground level measured at any point on the subject site and light may not exceed 1 foot-candle measured at the right of way or property line. The submitted exterior lighting plan complies with the provisions of Section 11-16-17 of the Zoning Ordinance. The developer has lowered the height of freestanding poles and added shielding to the fixtures to minimize visibility of the light sources and the amount of light cast towards the residential neighborhood to the east, which is demonstrated by the photometric plan as there is almost no light cast east of the building foot print. 8 Signs. The site plan indicates one freestanding sign to be located adjacent to the west site access to 173rd Street. Section 11-23-19.D of the Zoning Ordinance allows uses within the M-1 District one freestanding sign per lot not to exceed 100 square feet in area or 20 feet in height. With walls facing Kenrick Avenue and 173rd Street, one wall sign not to exceed 100 square feet would be allowed on each elevation, but none is shown on the submitted plans. A sign permit is required to be issued prior to placement of any sign upon the property in accordance with Section 11-23- 5 of the Zoning Ordinance. Waste Storage. The applicant’s narrative describes indoor collection of storage of trash and recycling stored in 2 rooms at the garage level, shown on the building floor plans, negating the need to address any outdoor waste containers being enclosed in compliance with Section 11-18- 11.B of the Zoning Ordinance. Park Dedication. Platting of the subject site requires dedication for the City’s park system in accordance with Section 10-4-8 of the Subdivision Ordinance. The 2015 Parks, Trails, and Open Space Plan does not identify acquisition of land from the subject site for public park use. Satisfaction of park dedication requirements is to be met as a cash fee in lieu of land paid at the time of final plat approval in accordance with Section 11-4-8.J Of the Subdivision Ordinance. Easements. Section 10-4-4 of the Subdivision Ordinance requires dedication of drainage and utility easements at the perimeter of the proposed lot and over public stormwater basins or utilities. Perimeter easements are shown on the preliminary and final plat. Existing public and private drainage and utility easements are also proposed to be vacated with approval of the proposed final plat as they no longer serve a public purpose. These and other easements to overlay public utilities are subject to review and approval of the City Engineer. Grading. The submittal includes a preliminary grading plan. All grading, drainage, retaining walls, erosion control and wetland impact/mitigation issues are to be subject to review and approval of the City Engineer. Utilities. The subject site is within the current Municipal Urban Service Area (MUSA). Sewer and water utilities are available to the subject site. The developer has submitted a utility plan for connection to municipal sewer and water utilities. All utility issues are subject to review and approval of the City Engineer. Outlot A. The preliminary plat and final plat include Outlot A which is the portion of the property being platted that is located south of 173rd Street. Outlot A is guided by the 2040 Comprehensive Plan for Commercial uses and is zoned C-3, General Commercial District. Outlot A will be retained under private ownership for future development. Development Agreement. A condition of final plat approval will require the developer to enter into a development agreement as drafted by the City Attorney and approved by the City Council to guarantee completion of all improvements, posting of required securities, and payment of any fees. 9 CONCLUSION The proposed Arris apartments development is consistent with the goals and policies of the 2040 Comprehensive Plan for inclusion of multiple family land uses within commercial developments adjacent to the I-35 corridor in proximity to transit facilities to provide market support for surrounding business and expand housing choices within Lakeville. Furthermore, the proposed development complies with the performance standards applicable to multiple family uses within the M-1 District established by the Zoning Ordinance and Subdivision Ordinance. Findings of fact supporting the approval of a conditional use permit to allow for the proposed multiple family use and building section height greater than 48 feet has been drafted for consideration by the Planning Commission. Our office and City staff recommend approval of the applications subject to the following stipulations: 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 proposed Kenrick Avenue pedestrian crossing at 173rd Street shall be subject to review and approval of the City Engineer. 6. A deferred parking agreement shall be approved for the 93 proof-of-parking stalls shown on the site plan. 7. The dimensions and construction specifications for enclosed off-street parking stalls and drive aisles shall comply with the provisions of Section 11-19-7.I.3 of the Zoning Ordinance. 8. 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 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. 10 9. 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. 10. 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. 11. Any exterior storage of waste containers shall require an enclosure meeting the requirements of Section 11-18-11.B of the Zoning Ordinance. 12. The final plat shall require satisfaction of park dedication requirements as a cash fee in lieu of land in accordance with in accordance with Section 11-4-8.J Of the Subdivision Ordinance. 13. All drainage and utility easements shall be subject to review and approval of the City Engineer. 14. All grading, drainage, erosion control, and wetland impact/mitigation plans shall be subject to review and approval of the City Engineer. 15. All utility plans shall be subject to review and approval of the City Engineer. 16. 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. c. Justin Miller, City Administrator David Olson, Community and Economic Development Director Alex Jordon, Assistant City Engineer Andrea McDowell-Poehler, City Attorney EXCEPTIONKENRICK AVENUE173RD STREET WESTE X C E P T I O NEXC E P T I O N AVENUEARRIS APARTMENTSENGINEERINGSURVEYINGENVIRONMENTALVICINITY MAP173RDST. W.DETAIL ADETAIL BSEE DETAIL ASEE DETAIL B173RDST. W.KENRICK f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\landscape\8689_tree preservation.dwgSave Date:10/23/20of KAMI HOLDINGS LLC 3120 Woodbury Drive, Suite 100 Woodbury, MN 55125REVISIONSDRAWN BY:DESIGNED BY:ISSUE DATE:08/12/20ARRIS APARTMENTS Lakeville, MinnesotaName:Signature:Date:08/12/20License #:1. 08/14/20 Per OwnerRyan J. Ruttger, RLA56346I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect under thelaws of the State of Minnesota.RJRRJRPRELIMINARY32. 09/11/20 Site App. - City Response3. 10/08/20 Landscape Revisions4. 10/23/20 City Comments5. 11/04/20 City CommentsTREE PRESERVATION PLANTP1 PROPOSED APARTMENTS 4 STORIESR.O.W.10' BLDG SETBACK 30' BLDG SETBACKR.O.W. R.O.W. P.L. 173rd St W REQUIRED 50' BUFFERPROPERTY LINE 30' BLDG SETBACK 15' PARKING SETBACK ZONING DISTRICT RS-3PROPERTY LINEZONING DISTRICT C-3 PROPERTY LINE ZONING DISTRICT C-3 Kenrick Ave 3 STORY 3 STORY ROOF OF BELOW GRADE PARKINGFUTURE R.O.W.FUTURE 30' BLDG SETBACK17296 Kenrick Ave, Lakeville, Minnesota 55044 Arris - Lakeville Apartments SEPTEMBER 11, 2020 CONCEPTUAL SITE PLAN City of Lakeville Public Works – Engineering Division Memorandum To: Daryl Morey, Planning Director From: Alex Jordan, Assistant City 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: October 26, 2020 Subject: Arris Apartments • Preliminary Plat Review • Final Plat Review • Site Plan Review • Grading and Erosion Control Plan Review • Utility Plan Review • Easement and Right-of-Way Vacation • Conditional Use Permit BBAACCKKGGRROOUUNNDD Kami Holdings, LLC has submitted a preliminary and final plat named Arris Apartments and a site plan and conditional use permits to construct a four-story 197-unit apartment building. The proposed development is located east of and adjacent to Kenrick Avenue and north of and adjacent to 173rd Street. The parent parcels consist of portions of Lots 4, 5 and 8, Argonne Farms and Outlots D and E, Argonne Estates zoned M-1, Mixed Use I-35 Corridor District. The preliminary and final plat consists of one lot within one block and two outlots on 15.36 acres. AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 22 OOFF 1100 The outlots created with the preliminary and final plats shall have the following uses: Outlot A: Future Kenrick Avenue right -of-way; to be retained by the Developer (0.50 acres) Outlot B: Future development; to be retained by the Developer (3.99 acres) The proposed development will be completed by: Developer: Kami Holdings, LLC Engineer/Surveyor: Carlson McCain SSIITTEE CCOONNDDIITTIIOONNSS The existing site consists of multiple previous uses since removed, such as a hotel and associative parking improvements, and single-family homesteads. The Developer shall remove the existing retaining walls, fence, driveway entrances on Kenrick Avenue and any other encroachments with the development of the site. The Developer shall post a $25,000 security to guarantee the removal of the site improvements with the final plat. The site contains significant trees scattered throughout the site, including buffer yard landscaping along the east portion of the parent parcels. EEAASSEEMMEENNTT VVAACCAATTIIOONN Several existing public and private easements exist on the parent parcels. The Developer shall vacate the following public easements with the final plat: • Utility Easement per Document No. 119477 (as embraced within the surveyed boundary) • Utility Easement per Document No. 121195 (as embraced within the surveyed boundary) • Utility Easement per Document No. 118342 (as embraced within the surveyed boundary) • Road, drainage and utility easement per Doc. No. 268360 (as embraced within the surveyed boundary) • Slope easement per Doc. No. 176067 • Temporary Easement No. 1, as shown on Lakeville Right of Way Map No. 4 • Hibbard Highway Right-of-Way SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Kenrick Avenue Arris Apartments is located east of Kenrick Avenue, a major collector roadway as identified by the City’s Transportation Plan. Kenrick Avenue is currently constructed as a three-lane urban roadway with a five-foot wide concrete sidewalk on the west side of the roadway and a five- foot wide concrete sidewalk on the east side of the roadway north of 173rd Street. The Developer is dedicating the necessary right-of-way for the interim Kenrick Avenue AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 33 OOFF 1100 improvements, as shown on the preliminary and final plat. The Developer prepared a traffic study which has been reviewed by the City’s Traffic Engineering consultant. The study identifies that the adjacent roadways have adequate capacity to support the traffic generated by the proposed development. The City of Lakeville adopted an Official Map for CSAH 50/CSAH 5 on March 9, 2004. The Official Map was developed to identify the ultimate right of way needs for the future I- 35/CSAH 50 Ultimate Interchange Improvements. The Official Map allows the City to control proposed development in the interchange area and to influence development of the adjacent parcels. The City provided the Developer with the linework for the future right-of-way for Kenrick Avenue, as adopted and shown on the Official Map. The proposed building location was established to meet the future set-back requirements from the future right-of-way necessary for construction of the Ultimate Interchange improvements. The Developer shall plat the area of the future right-of-way as an outlot as shown on the final plat (Outlot A). The ultimate right-of-way would be acquired by the City in the future at the time the Ultimate Interchange Improvements are included in the City’s Capital Improvement Plan. 173rd Street Arris Apartments is located north of 173rd Street, a local roadway as identified by the City’s Transportation Plan. 173rd Street is currently constructed as a two-lane urban roadway with a five-foot wide concrete sidewalk on the north side of the roadway. The Developer is dedicating the necessary right-of-way for 173rd Street as shown on the preliminary and final plat. The City shall approve a resolution establishing no parking along both sides of 173rd Street with the final plat and the Developer shall install no-parking signs. SSIITTEE PPLLAANN Arris Apartments includes the construction of a 197-dwelling unit four-story apartment building. Access to the site will be from two driveway entrances along 173rd Street. The driveway design includes commercial concrete driveway aprons, stop signs, stop bars and pedestrian curb ramps. The Developer shall provide a $10,000 security with the final plat for the construction of the commercial driveway entrances. An underground parking garage for the apartment building and an at-grade parking lot will be constructed to provide for resident, employee and guest parking. Access to the underground parking garage will be from the west and east sides of the apartment building. The Developer will construct private sidewalk improvements connecting to the public sidewalk along 173rd Street. AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 44 OOFF 1100 CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress and parking for grading, utility, building and street construction shall be determined with the final construction plans prior to construction. No construction traffic will be permitted east of the development along 173rd Street. 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, calculated as follows: 197 units x $2,352.00 = $463,344.00 Total Units In Arris Apartments 2020 Park Dedication Fee Park Dedication Requirement The Park Dedication requirement for Outlot B will be collected at the time it is final platted into lots and blocks. Kenrick Avenue is a major collector roadway and consistent with the City’s Transportation Plan, the Developer shall construct a 6-foot wide sidewalk along the east side of Kenrick Avenue from 173rd Street to 175th Street. The Developer shall deed to the City a permanent sidewalk easement with the final plat for the portion of the sidewalk outside of the right-of- way on Outlot B, prior to recording the final plat. The sidewalk improvements will provide a pedestrian connection from the proposed high-density housing to the existing commercial development in Argonne Village. The City will reimburse the Developer for the cost of the sidewalk improvement as follows: • $76,237.50 with the final plat as a credit to the Park Dedication requirement. The Developer shall reimburse the City for the full amount of the cost ($76,237.50) of the sidewalk adjacent to Outlot B at the time Outlot B, Arris Apartments is final platted into lots and blocks. • $30,762.50 with the final plat as a credit to the Park Dedication requirement. The City is 100% responsible for the costs of the sidewalk improvements outside of the plat boundary adjacent to the City’s Fire Station Number 3 (PID No. 221185000161). UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Arris Apartments is located within subdistrict OL-54100 of the Orchard 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 Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed commercial development. Development of Arris Apartments includes construction of a private sanitary sewer service connecting to existing sanitary sewer manhole within 173rd Street. The Developer shall AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 55 OOFF 1100 provide a $15,000 security with the final plat for the connection to the public sanitary sewer and restoration of the public roadway and right-of-way. Two of the parent parcels were previously assessed for sanitary sewer lateral, area and unit charges. The Developer shall be eligible to receive 22-unit credits to be credited from the Sanitary Sewer Connection Charges to be collected with the building permit. The Sanitary Sewer Availability Charge was previously paid and will not be required to be collected with the building permit. The Developer shall pay the Lateral Sanitary Sewer Charge, which was previously unassessed adjacent to PID No. 22-11825-00-050, calculated as follows: 469.58 l.f. x $41.50/l.f. = $19,487.57 Sanitary Sewer Length adjacent to PID No. 22-11825-00-050 Lateral Sanitary Sewer Charge Total WWAATTEERRMMAAIINN Development of Arris Apartments includes the construction of a private watermain connecting to the existing watermain along 173rd Street at the proposed east driveway entrance. The Developer shall loop the watermain within the site to provide a second connection to the watermain within 173rd Street. These improvements must be shown on the final utility plan prior to City Council consideration of the final plat. The Developer must remove the existing water service stubs located within the parent parcels that will not be used and post a $10,000 security with the final plat for their removal, consistent with City’s Construction Specifications. 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. Two of the parent parcels were previously assessed for watermain lateral, area and unit charges. The Developer shall be eligible to receive 22-unit credits to be credited from the Watermain Unit Charges to be collected with the building permit. The Developer shall pay the Lateral Watermain Charge, which was previously unassessed adjacent to PID No. 22-11825-00-050, calculated as follows: 469.58 l.f. x $48.00/l.f. = $22,539.84 Watermain Length adjacent to PID No. 22-11825-00-050 Lateral Watermain Charge Total OOVVEERRHHEEAADD LLIINNEESS There are no overhead utilities located within the final plat. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 66 OOFF 1100 Arris Apartments is located within subdistrict CL-030a of the Crystal Lake stormwater district and OL-060 of the Orchard Lake stormwater district as identified in the City’s Water and Natural Resources Managemen t Plan. Development of Arris Apartments includes the construction of two privately owned and maintained filtration basins. The private filtrations basin will be located on Lot 1, Block 1 and will treat runoff generated from the proposed improvements. The Developer shall sign a private maintenance agreement for the filtration basin and dedicate a maintenance easement over the basin areas prior to City Council consideration of the final plat. The stormwater management design is con sistent with City requ irements. The grading plan identifies construction outside of the plat boundary on PID (224860001040). The Developer shall furnish to the City temporary construction easements prior to recording the final plat or redesign the grading plan to ensure impacts are not located on private property. Additionally, the adjacent property owner is required to enter into the Stormwater Maintenance Agreement if the design were to be approved as proposed. Following completion of the site improvements and restoration, the Developer shall conduct two double ring infiltrometer tests in the location of the filtration basins to demonstrate that the design infiltration rates have been achieved. The Developer shall provide a $10,000 security with the final plat 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. Arris Apartments 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. SSTTOORRMM SSEEWWEERR Development of Arris Apartments includes the construction of a privately owned and maintained storm sewer system. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be paid with the final plat, calculated as follows: 339,993 s.f. x $0.198/s.f. = $67,318.61 Net Area of Arris Apartments Area Charge Total AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 77 OOFF 1100 The Crystal Lake Surcharge has not been collected on the parent parcels and must be paid with the final plat, calculated as follows: 339,993 s.f. x $0.0153/s.f. = $5,501.89 Net Area of Arris Apartments Area Charge Total The remainder of the Trunk Storm Sewer Area Charge and Crystal Lake Surcharge will be collected at the time Outlot B is final platted into lots and blocks. 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 Arris Apartments includes the construction of two privately owned and maintained retaining walls. 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 walls shall be inspected during construction and certified by the design engineer following construction. A $50,000 security shall be submitted with the final plat for the construction and certification of the proposed retaining walls. FEMA FLOODPLAIN ANALYSIS Arris Apartments is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS The wetland delineation for the site was conducted on 05/30/2019 by Kjolhaug Environmental Services. An onsite visit occurred 7/15/2019. There were several areas investigated on the property. One wetland was identified within the project boundaries. No wetland impacts are proposed with the preliminary plat. The wetland on the site is located in Outlot B and shall be deeded to the City in an outlot at the time Outlot B is final platted into lots and blocks. TTRREEEE PPRREESSEERRVVAATTIIOONN A tree preservation plan has been submitted. The plan shows a total of 748 significant trees within the project area. The plan proposes to remove 698 trees (93.3%). The tree totals do not include any trees within Outlot B. A tree preservation plan will be required to be prepared for Outlot B is final platted into lots and blocks. AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 88 OOFF 1100 All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. If there are any additional trees that are identified as needed to be removed during the construction process the developer will be responsible for the removal. 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. Any additional measures required shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to the Arris Apartments. CONSTRUCTION COSTS Public Storm Sewer Connection Public Sanitary Sewer and Watermain Connections Watermain Service Abandonment Driveway Entrances Kenrick Avenue Sidewalk Stormwater and filtration basin grading, erosion control, and site restoration 5,000.00 25,000.00 10,000.00 10,000.00 107,000.00 25,000.00 SUBTOTAL - CONSTRUCTION COSTS $182,000.00 OTHER COSTS Developer’s Design (3.0%) $5,460.00 Developer’s Construction Survey (2.5%) 4,550.00 City’s Legal Expense (0.5%) 910.00 City Construction Observation (5.0%) 9,100.00 Developer’s Record Drawing (0.5%) 910.00 Encroachment Removals Retaining Walls Infiltration Basin Testing Landscaping 25,000.00 50,000.00 10,000.00 250,000.00 Street Lights 2,800.00 Lot Corners/Iron Monuments 300.00 SUBTOTAL - OTHER COSTS $359,030.00 TOTAL PROJECT SECURITY $ 541,030.00 The street light security totals $2,800 which consists of two mast-arm street lights at $1,400 each. AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 99 OOFF 1100 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $300.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. CCAASSHH FFEEEESS A cash fee of $3,200 for traffic control signs is due with the Arris Apartments. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 776.51 lf x $.2832/ff/qtr. x 4 qtrs. = $879.63 173rd St Frontage Streetlight Operating Fee Total A cash fee for one-year of environmental resources expenses shall be paid at the time of final plat approval and is calculated as follows: 197 units x $16.54/unit/qtr. x .25 x 4 qtrs. = $3,258.38 Residential Units Environmental Resources Fee Utility Factor A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 3 units x $90.00/unit = $270.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $5,250.00. CASH REQUIREMENTS Park Dedication Fee Lateral Watermain Access Charge Lateral Sanitary Sewer Access Charge Trunk Storm Sewer Area Charge $463,344.00 22,539.84 19,487.57 67,318.61 Crystal Lake Surcharge Traffic Control Signs 5,201.89 3,200.00 Streetlight Operating Fee 879.63 Environmental Resources Fee 3,258.38 AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT OOCCTTOOBB EERR 2266,, 22002200 PPAAGGEE 1100 OOFF 1100 City Base Map Updating Fee 270.00 City Engineering Administration (3.00%) 5,460.00 SUBTOTAL - CASH REQUIREMENTS 590,959.92 CREDITS TO CASH REQUIREMENTS Off-site sidewalk construction – Outlot B (Park Dedication) Off-site sidewalk construction – City Property (Park Dedication) 76,237.50 30,762.50 TOTAL - CREDITS $100,700.00 TOTAL - CASH REQUIREMENTS $483,959.92 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, final plat, site plan, grading and erosion control plan, utility plan, tree preservation plan and easement/right-of-way vacation for Arris Apartments, subject to the requirements and stipulations within this report.