This transcript is for the **Lakeville Planning Commission** meeting on July 18, 2024. Please note that while the prompt provided the Mayor and City Council names, this specific meeting was conducted by the Planning Commission. Key Speakers: * **Chair Morovic**: Planning Commission Chair * **Frank Dempsey**: Associate Planner (City Staff) * **Miss Morrow**: Planning Commission Recorder/Clerk * **Miss Jensen**: Planning Staff * **Nic Z**: Applicant for first item * **Ryan Sailor**: Timberland Partners (Applicant for Sundance) * **Commissioners**: Kusa, Hinsley, Swanson, Zimmer *** [0:00] [Music] [0:10] [Music] [0:18] [Music] [Music] it's hilarious [1:04] **Chair Morovic**: I call to order the July 18th 2024 Planning Commission meeting please join me in the flag pledge the United States of America and to the for it stands Nation God indivisible andice Miss Morrow will you please call the role of members [1:33] **Miss Morrow**: Kusa (here), Hinsley (here), Morovic (here), Zimmer (here), H (here), Swanson (here). [1:40] **Chair Morovic**: Agenda item number three approval of the June 20th 2024 Planning Commission meeting minutes fellow Commissioners any changes and the meeting minutes will stand um agenda item number four Miss Jensen are there any announcements [1:53] **Miss Jensen**: uh thank you uh chair marovich uh there are two handouts for the planning Commissioners this evening one is the parks recreation and natural resource resources committee meeting minutes regarding the Sundance Lakeville second edition preliminary plat and then there is an email from a neighboring homeowner regarding uh the same item Sundance Lakeville second edition and then uh just for your information the August 1st Planning Commission meeting will be a work session and the August 15th Planning Commission meeting has been shifted to August 22nd and those are the announcements [2:35] **Chair Morovic**: all right thank you agenda item number five uh public hearing for nicolay I'm gon to say your last name wrong okay um this is to consider the application of Nic Z for a conditional use permit to allow a detached accessory building with a combined accessory building area exceeding 2,000 square ft on a single family lot in the rs1 single family residential district and to allow more than one detached accessory Building located at 16394 lth lth Trail and to present a brief overview is Nic you'd like to come up and give us a brief overview thank you [3:32] **Nic Z**: well um so I have to tell what I'm trying to build or okay I live in the house for 12 years and my dream was to build a garage because I have two car garage but only one car can fit in there so everybody was telling me I cannot build because I already have a SAA my property outside the building until my neighbor came along and he built a huge garage and I have toys I have four-wheelers I got two boats two trailers everything parked outside even my side by side and zero turn and four-wheeler snowmobile everything parked outside so when my neighbor build a same exactly garage I'm trying to build I stop by to him and said oh yeah just start doing this and here it comes now I applied for the fill up the application and see if I can build it all right it's going to be only for the storage for my toys okay Acres land so I don't see why not all right thank you it and then yep you can have a seat [4:42] **Frank Dempsey**: good evening planning Commissioners uh the request this evening uh from Mr zadf is to as you mentioned is to construct a uh a uh accessory building on his property um and this requires a conditionally used permit one for the fact that that he already has one uh detached accessory building and I'll show that in a survey in a moment and the other thing is that the the uh cumulative square feet is larger than 2,000 square fet in the in the rs1 district uh the rs1 district limits uh um or the 2,000 squ ft includes attached garage space which is 700 F feet and I think 352 uh for the sauna building that's in the back uh it's um and that was constructed maybe 10 to 15 years ago or so and I do recall um Mr ZF asking about a second building at that time um you know we informed them that would require conditional use permit but now he's com forward to do so um the property is also in the Shoreland overlay District of Kingsley Lake and and there is one item of uh that regulation that fact uh uh in that Shoreland district is that it limits the um impervious service area of the property to 25% and I'll get to that uh this is an aerial photo that shows uh the vicinity is this County Road 5 Kenwood Trail clamo Trail the YMCA Camp uh uh Kingswood Drive is this corner here uh the driveway for this property used to come through um King uh King would drive and now comes uh in this uh off of clamo Trail maybe there were two driveways the houses in this location the other accessory buildings in this location here and the proposal is to construct uh the building in this particular uh location at toward the west end of the property um this is a recent aial photo from April of this year you can see has accessory buildings in this area he has a large uh pave you know outdoor parking area in this location and the building would be located in this vicinity here um it's a closeup of the same area the survey of the property shows the building would be located 71 ft from the West property line 81 ft from the uh North property line uh again this is the location of the house the other accessory building in the Wayland uh South setback would be 74 ft uh to the adjacent proper property as was mentioned uh this property owner here the Planning Commission I think in 2022 approved a conditional use permit for a similar size accessory building uh and one of the comments that I made uh um to uh the applicant here is that this building needed to match the house similar as to this building matches this house as close as possible doesn't have to be the same materials um so there is a drop in topography from this location of approximately 10 ft that may require some retaining walls those are typically handled at the time of building permit review if walls are taller than 4T it requires a structural design um as required by building code uh this is a just a rendering of I think to illustrate the dimensions um uh of the building so it's uh proximately 280 Square ft a total cumulative square footage would be about 3100 sare ft for the entire property exterior materials I was informed that they would be a fi some board uh cement fiberboard sighting gray and metal or shingle dark colored roof uh dark gray roof to match the house um and uh what I'm recommending or suggesting is that uh revised plans for addressing this be submitted prior to the city council consideration so we all understand what we're looking at uh this is uh a visual street view from the property in the vicinity of where the building will be located you can see the the ground sloping down approximately right here so it's going to be in this vicinity here uh this is the view from clth Trail looking South um the applicant has tended to park this trailer out on the lawn property we've not received any complaints about that uh until recently when the public hearing notices went out and I I hadn't noticed until I went out there uh but that nothing could be parked on on the the grass you know vehicles or trailers of any kind um this is a view from uh Kingswood in the direction of where the building would be located I included this because I wanted actually both of these because I wanted uh to understand Planning Commission understand uh the existing landscaping that's in place which led to my recommended stipulation that if any of this uh Landscaping is replaced that it should be replaced with uh every green trees to screen the accessory building and that is a condition that we typically have for these large buildings if screening is is necessary or determin necessary uh there are stipulations that are included in my uh conditional use permit report um the driveway and this is just a summary but the driveway to the building must be paved uh exterior material simil to the house screening between maintain screening between building streets and adjacent properties uh no San AR sewer is allowed to to the building um and also uh no commercial use or storage of a uh uh on the property or the accessory building um so I will stand for any questions uh there's 11 recommended stipulations and also findings of fact thank you [10:52] **Chair Morovic**: this is a public hearing so anyone wishing to speak on this agenda item you can please come forward [11:07] **Curtis Scholes**: hi there uh neighbor Curtis schols at 16445 Kingswood Court. I'm the neighbor down the hill a little bit not the one next door with the accessory building but one of the neighbors who also has a large accessory building that went through the process a few years ago too um I just want to speak in favor of of Nick doing the building um like he mentioned it will help get some of his toys off of um his uh driveway in space and I just think that we're in a um neighborhood that's you know late 70s early 80s and not a lot of people are doing improvements and it's good to see um neighbors doing some improvements to their property so I appreciate that. [12:12] **Commissioner Kusa**: Madam chair, I make a motion to close the public hearing. [12:15] **Commissioner Hinsley**: Second. [12:17] **Chair Morovic**: I have a motion and a second to close the public hearing all those in favor please signify by saying I (I) all opposed all right the public hearing for this agenda item is now closed uh fellow Commissioners any comments [12:44] **Commissioner Swanson**: I would have a question for um our associate planner Mr Dempsey I noted that you talked about multiple driveways are they both still active do we I'm not sure what our rules are on that so just need some clarification [12:53] **Frank Dempsey**: no the driveway into Kingswood Path Drive path Kingswood Drive i think uh is not in place anymore uh there there's a you can see where there was an opening there um and maybe it's driven on but it's not access to the property uh the main driveway that comes off of clamant [13:10] **Commissioner Swanson**: thank you I just wanted that clarification on the record [13:16] **Commissioner Zimmer**: yes um this is about as you know normal of a a conditional use permit as we get um you know this is kind of a unique neighborhood in Lakeville with lot larger lots and uh looks like a lot of his neighbors have similar things I think it you know totally appropriate um for a lot that size and um glad uh that you know he found out that he can come to us and get a conditional use permit and uh hopefully uh be able to help get some better screening for his toys and I'm I'm fully in support [13:43] **Commissioner Hinsley**: Madam chair yes uh question for Mr Dempsey um you had mentioned potentially wanting to add or change one of the stipulations can you just clarify what that was [14:04] **Frank Dempsey**: um let's see what did I have uh I'm not sure what I had to change think you were talking about um submitt of revised plans prior to city council yeah no that's true yeah thank you um yeah my suggestion is and I don't know if it needs to be a stipulation but I think it is it be advisable for moving forward perhaps uh to yeah to provide an an accurate elevation of maybe a material sample and something rendering of that building that is the intended colors essentially a stipulation that says a a submitt reflecting the proposed building materials should be made prior to city council consideration correct and the city council potentially then would be August 5th I believe so I would need to have that no later than next uh Tuesday or Wednesday [15:10] **Commissioner Hinsley**: I guess the question is are other planning Commissioners comfortable with that proposed stipulation thank you uh Madam chair and commissioner Mr Zev can you meet that deadline [15:33] **Frank Dempsey**: I I'll try to explain if I can so the building rendering was kind of a yellowish color it was very rough in terms of detail and uh we like to see a sample building sample uh rendering of the building with the actual proposed colors something that states what the roof material will be what the sighting material will be and maybe a photo image of a product that siding product that says here this is the color we're looking at [16:10] **Nic Z**: little bit of side and the back have a Green Collar Hardy is we have this we B this way already painted and my wife is going to repaint it she's talking about every day so what we're going to do is whatever color we're going to choose for that shed or garage we're gonna paint that and a house at the same time or we're gonna hire somebody so they can paint so it will be 100% the same color front of my house have a a stone whole house and that's Stone from Minards I can talk to Minards and they say we still sell this but it will be big to garage it will be a lot of stone but I'll make little post on the side so it'll look like front so I'll I'll make it make sure it's match close as I can [16:57] **Commissioner Hinsley**: okay Madam chair yeah so I think the big thing you're looking for is just to get that in writing yes to go with the materials that go to city council [17:09] **Frank Dempsey**: yes and I can verify uh the information that is given me whether I can uh interpret it that way I have no problem working with the applicant on this I've been working with them for a long time on this um the other thing is that we can tie it to the building permit you know we w't issue the permit until there's a clear understanding that the building will that's being constructed now will match the house given a certain amount of time so it doesn't go on while they're deciding how to paint the house it is important that these buildings be as close as possible and constru the reason this is an issue is that if the building was constructed the color it was I don't think we'd be comfortable with that at all that one the color that is proposed on the plans that were submitted I I think nicolay understands that [17:58] **Commissioner Hinsley**: so do we need that additional stipulation or no yeah I think for Comfort I would be more comfortable if we had the stipulation there if the rest of the Planning Commission also believes that [18:14] **Chair Morovic**: okay I I I would be comfortable with that stipulation too and I think you know I have great trust in City staff to work with the applicant to make sure that okay um his project is successful before it goes to city council before building permit is issued so 12 stipulations as amended correct right unless there's anything else I think we're ready for a motion [18:40] **Commissioner Kusa**: Madam chair yes I move to recommend approval of the nicolay Zev conditional use permit subject to the 12 stipulations listed in the ju July 12th 2024 planning report as amended and approval of the findings of fact dated July 18th 2024 [19:00] **Commissioner Zimmer**: second [19:02] **Chair Morovic**: um I have a motion and a second Miss Marl will you please call a roll call vote (kza i pinsley i morovic i Zimmer i m hi Swanson hi) all right and then again when will that go in front of city council [19:14] **Frank Dempsey**: uh August 5th [19:16] **Chair Morovic**: all right well best of luck um nicolay on your assessory building thank you all right um agenda item number five B is a public hearing for the Sundance Lakeville second edition this is a preliminary plat for one town home lot to include 13 buildings and 167 dwelling units one common club building nine single family residential lots and one outlot to be known as Sundance Lakeville second edition and number two a conditional use permit to allow multifamily dwellings town home buildings on a single parcel and here to give a brief overview of that project is Ryan sailor [19:55] **Ryan Sailor**: Madam chair fellow Commissioners my name is Ryan sailor I'm vice president development for Timberland Partners um thanks for letting me be here tonight this is kind of a reintroduction of this project that was uh had a comp plan Amendment and a resoning back in November of 2023 so uh I'll try to keep it brief tonight I know Mr Dempsey is going to cover a lot of this in a staff report but um it's a 14.74% 76 total units 167 um stacked flats and nine single family homes along with a 5,000 ft amenity space uh that'll include a fitness center Club room um love on-site management and leasing outdoor pool and kitchen um dog park and pet spa this is a rendering uh of the site so this is potentially what it will look like this is looking at it from the southwest corner towards the Northeast so you can see on the southwest corner is our clubhouse with our outdoor pool and then um directly to the East are the two medical buildings uh that Davis has recently proposed um and been approved for the 167 uh town home uh units are on 11 acres approximately in the middle of the site and then in the northwest corner on the left side of your screen are the nine single family homes on about um 3.5 Acres although we're here mostly to talk about uh the details of the plan um not really to to talk about you know zoning or if the use is appropriate I just wanted to point out that they are high quality um units uh construction we own our projects our properties long term so we um which typically means 10 or 20 years or longer um so they're built to last um they're expensive to build our average rents on the one-bedroom units are approximately $1,800 our two bedrooms $2,200 our three bedroom units um start at $2,700 and then the nine single family homes will range anywhere from 2,900 to 3900 per month so they're really meant for um young professionals that want to establish Roots uh in the community um eventually maybe have kids being a good school district that Lakeville has and then rece a a lot of downsizers who empty nesters who maybe um want to sell their house um but they're not ready for um traditional apartment living yet so this is a good fit for them this is uh just some examples of projects that we have built um these are Sundance projects this is a deal we just finished in Omaha um on the left that's that's a real exterior uh of a building the I'll note um on a previous slide I actually had the exterior rendering of what Lakeville look like you guys have a much more strict U brick requirements and exterior requirements so they'll be even um higher in quality on the exterior than what you're looking at here and on the right's the inside of the clubhouse this is a completed project in Woodberry so just for reference we have done this in other areas uh in the city and I just included um this photo and then this photo to show I mean we really try to make these feel neighborhood uh with the neighborhood feel and connected into the neighborhood this particular project ties into a neighborhood with city streets so those streets those neighborhoods um use our streets to drop onto an arterial and then um get onto the freeway which you can see you're right there so um with these infill sites especially connection to the neighborhood is something we we really strive for um I'll just close with key points um as I mentioned the site was was rezoned for this use it was down zoned in November um the was previously commercial which uh and it's um owned by a grocery store company so at one point they were trying to do a grocery store um Costco has looked at this it's had a lot of uh potentially higher um impact or intensity uses so this was a down zoning uh the project conforms with all the current code requirements which I'm sure Mr Dempsey will go over uh meets or exceeds setback requirements exceed parking requirements well below the height limitation under I think the current zoning we could actually add two stories we're not going to I don't want to I'm just um saying we're well below what what could be built here we're not requesting any City County or state subsidy um you know we really tried hard to work on the land transition going from single family to um to a to a multif family to the transition to to retail commercial on 162nd um we feel like the uses are complimentary the medical that has been approved um you know we kind of sought for that use um between all of us the medical uses are basically an 8 to five use so uh residents from our development um working residents will be probably out before 8 and then home after 5: or the medical will have ours that kind of are the opposite of that and then um last lastly it's all locally based development team Timberland's based in Bloomington we're familyowned we've been around since 1992 um like I said we own with the long-term in mind and we manage all of our own properties uh we don't do any third party management for anybody else it'll be built by uh RT residential who is part of tradition companies uh who's based in Lakeville um I'm sure many of you are familiar with um a lot of the homes or subdivisions they built around Lakeville they're a quality Builder family-owned as well and then we have a locally based architect uh in Bloomington and our civil engineer is also locally based so with that I I won't take up any more time but the team is here uh the entire team to answer any questions that come up um after presentation thank you [26:29] **Frank Dempsey**: so my for my presentation uh Corey if you can bring that up I will expand on what um Mr sailor had introduced Cory are you working on the the PowerPoint there we go I wasn't questioning you Corey thank you and behind the window in there can't see them um anyway uh so Timberland Partners there's a lot of background to this property and and actually to this proposed development there's some history here um and what's being requested here this evening is the preliminary plat of the residential portion of the concept plan that was laid out with the uh medical building uh preliminary plat um that the city council recently approved July 1st I believe uh this property is uh requiring a preliminary plat of one town home lot but it includes uh I think 13 buildings that requires a conditional use permit there's also uh nine single family homes uh proposed and then uh and it's all on one 15.75 acre property uh the this is the commercial portion of the property here um and uh the purple represents the M1 mixed use I35 Corridor District uh which is a uh a zoning District that allows apartments that allows Town Homes higher density it was encouraged on properties this District was encourag on properties that are near transfer facilities near our major corridors this one being I35 um and then the single family um nine Lots uh this property was split like like this with uh medium density residential uh zoning and rst2 single family and two family District zoning uh prior to the rezoning and rst2 is the zoning of the property to the West um so the the property had been uh formerly agriculture uh also a gravel pit sometime in the late 80s early 90s uh it was Zone single family up until about um 2000 uh when after the Interstate 35 interchange was constructed the uh the offramp and on-ramp uh streets were constructed and the uh the thinking at that point because of the corner of the interstate and County Road 46 was that this would be residential Zone properties and the first developments in that area are the commercials to the east which is the uh the auto repair shop and the uh the retail next to that there's also a vacant property adjacent to the to this property we're talking about um this is uh the the subject property here it shows uh uh except here this right here is uh uh the um sorry the uh strein Edition property that's to the West uh but the outline here is the property that we're referring to this evening with this one being Sundance at Lakeville here uh this is an image from 1991 I included this because it shows before the uh County Road 46 was constructed uh uh this is County Road 5 Kenwood Trail and there was this was a gravel road for many years that came down parallel to uh Kenyon um this is also before the on-ramps were off-ramps were constructed uh this is uh I think it's sunay Sunnyside manufactured home park which is in place back then and also the single family home development in Burnsville was in place at that time as you can see here this is largely agriculture uh I think prior to when the gravel mining occurred in this area and prior to the other developments to the West um there was a comprehensive plan Amendment uh that was proposed by um Timberland Partners in 2022 the city council did not approve that request for rezoning and and the comprehensive plan Amendment with the idea they were concerned about the loss of some Residential Properties in the city for these types of requests and they did not approve what was then 188 Town Homes it's essentially the same development but more buildings came all the way south to where where the the commercial area is um ah there it is how about that so uh this was the development that was proposed and rejected by the city council for the purpose of really the primarily the loss of the of the of the commercial so the property uh development came back with 167 units and the three acres of commercial that was recently approved and then in 2023 the city council uh did approve Timberland's Timberland Partners uh request to rezone the property in a comprehensive uh plan Amendment uh November 20 2023 that was the first phase of the public hearing for this this development um also we're going to touch on uh the uh traffic study that was cons um um presented and uh with as part of the comprehensive plan uh review and also with this U this proposed um um Town Home Development uh as you can see with this particular layout uh when this was orig orig Al proposed in 2021 there was also a private Street connection that was laid out in this location uh this driveway has been pulled up further in this direction and on both ends here and of course this is the commercial portion and then this portion of the property is now proposed to be uh uh where the clubhouse to be located and these are still the same single family lots as are proposed now this is the layout that's that's proposed it shows the the private uh street that would come through here uh it be a 32 foot wide Street which is consistent with any local Street in the city that's curb to curb pavement with uh recommendation of approval is that if it were to be approved is that uh that there' be no parking signs on this street so there would not be uh further restriction on on on WID so it's a otherwise a regular local uh local Street such as uh further up in Kendall and the ne neighborhoods here there' be two driveway uh main loc driveway locations here that are serving the town home development uh each of these units has has garages there's uh there's parking there's a better detailed site plan here I think it shows uh parking areas that have driveway access Within These private drives and private drive to go into each of these buildings uh there are no private drives separate driveways that come out onto onto um the private Drive that's proposed connecting the two roads here uh there would be uh an outlot here for storm monor drainage and there also be storm water drainage Elsewhere on site which is shown on a grading plan this here is the preliminary plat uh this again is the area area site plan um this is intended to show uh proposed grading for the site storm water drainage this out lot here there' be a storm drainage Pond here here and here and then further to the uh the east side of this location here the buildings are proposed to be approximately 28 ft in height uh Building height is measured to the midpoint of the Gable not to the peak of the roof so it's well within the allowable height of any single family home and also uh for for this type of home uh the building uh exterior materials uh are primarily brick and and a fiber cement or other composite material which is considered a grade A material and so that does re does meet the requirements of buildings of this type uh zoning ordinance requirements uh this is a 12 unit building this is another 12 unit building design uh 11 unit building design and then there in the interior there's some 16 unit uh buildings um this is the clubhouse building uh there was a traffic study that I'll just briefly touch on I'm uh not the expert in this but I'll just kind of summarize um so the East West Drive will connect Buck Hill Road to Kendall Drive uh there's a traffic study done uh May 23rd of 2024 um the findings uh for of the traffic study indicate that with this proposed development uh that the uh and and the increase of Area traffic that will come in and out of this property over in the future let's say the next 20 years um will still work function as service level a to c which is still an acceptable a high or acceptable uh uh rating um during the AM and PM hours um the anticipated daily traffic trips on through this area would be about 2600 2700 and that includes trips that are uh outside of the property that may be uh through the neighborhood um The Parks and Recreation natural resources committee meeting uh was held last night uh the committee did recommend uh and communicate want me to communicate to the Planning Commission that additional Landscaping uh is encouraged uh that be included along the north and west sides of the plat boundaries along the single family residential uh Lots which would be uh along this area of the property uh uh here and and here I should point out that uh the zoning ordinance does not require screening uh for uh between single family residential lots it's a recommendation that'll be coming from the Park Rec committee but it's not it's not a requirement of the zoning ordinance um and then I also wanted to touch on again that the uh Dakota County plaque commission identified um Kendall Avenue was potentially requiring uh under their policy uh restricting access to uh primarily no left turns out of K out of Kendall Drive onto County Road 46 traffic would from the neighborhood would have to go through the private drive or go turn right into a u-turn at County Road 50 um I should point out as well is that um the uh intersection across the street from uh on kentrail is a similar road that comes out across but this is a divided roadway uh or access in here so it doesn't allow people to make left turns out of uh Kent Trail and so it' be a similar design to that um the timing of such uh from the counties they're identifying it as a need they've not identified it as something that needs to be done with this project it's not in the County's fiveyear project uh Capital Improvement plan however when plats come in they do identify it as something that may happen in the future um but this development is not going to trigger the need to to do so it will depend on uh traffic warrants uh amount of traffic coming through on on 162nd Street traffic and warrants unfortunately also include uh traffic incidents accidents crashes that could happen in those areas and the reason the county does this is because when you have multiple accesses that are closed together and everybody making through right left turns right turns from different directions the left turn turning movements on these County Roads do become uh hazardous at times and so that's why the county plans them and lays them out this way um the I touched on the plaque commission so uh the Community Development staff uh does recommend that the Planning Commission consider the 12 stipulations outlined in the planning and Engineering reports um there are um cross access easements over the private Street that'll be required consistent with uh uh as approved by the city council for similar to the Sundance Lakeville Edition which is the commercial portion of the development um I'm going to bring this up to an areawide view here and then I think that uh there may be a couple members of the public like to uh have an overhead that I'll assist them with at that point in time [40:20] **Chair Morovic**: all right thank you this is a public hearing there are quite a number of you that have signed up to speak to this agenda item I would ask that you try to keep your comments um as brief as possible just to allow for everyone to have the opportunity to speak to this agenda item I would also like to ask that you try to keep your comments as unique as possible so we will try to um address everyone we'll take note of everyone so if someone has already kind of made that comment we would just like to ask that you try to keep that unique and again we'll we'll cover all of those um so this is a public hearing so anyone who would like to go first can come up and please state your name and your address for the record thank you [40:59] **Amy Kenra**: good evening Madam chair and fellow Commissioners my name is Amy Kenra I live at 11255 162nd Street West which again is not a vacant land west of Kendale drive and I want to express my concern with the proposed plans to develop the land east of Kendale drive and north of County Road 46 my concern is closing off the ability to exit Kendale going south and making a left turn onto County Road 46 this is a public road and the primary thoroughfare for residents in the neighborhood to take this way to go East to 46 and to access Highway 35 you're talking about over at least 200 homes or 200 vehicles or even up to 400 Vehicles if you average two per household the proposed plans are to stop our ability to use this as an exit going left and to redirect vehicles to use the private road through the private property of this development and we would lose our ability or our rights to have full access to this thorough fair being that it is considered private property the road therefore is a private road and at any time they can dictate the usage there will also be a swimming pool added to the southwest corner of the lot in which the residents of the 176 units will have to walk across the private road to get to and from the pool if the private owner feels that there is a safety issue with the amount of vehicles going through there with their residents and children going to and from the pool who is to say that they won't block off the road and deny us access likewise in the winter time it will be their responsibility to keep this driveth through plowed for our access who is to say they will be prompt and we will be able to get out early enough or they will be able to get out early enough in the morning for those individuals who have to go to work or drop children off off at school we would be at their mercy and there would be nothing that we could do about it at that time it would be a huge mistake to close off our public ass access to go east on County Road 46 if the county is concerned there is a safety issue for drivers to turn left and I know that that um Mr Dempsey had mentioned that that is a a county situation and not necessarily uh part of this meeting per say but it is still I feel encompassing to this meeting um I believe that there's an option that you can put a stop light there as far as it being too close as an argument to the other intersections uh to be able to do this I would disagree in that and say that it's not too close we are at the final stretch of County Road 46 before the road ends and connects with Highway 5 there would be no concern of flow of traffic because of the short distance likewise drivers should be driving 45 miles per hour or less anyways and must stop at that County Road 46 SL Highway 5 intersection on a daily basis most drivers are going well over the speed limit and whizzing by on this road in both directions with this being the case the Lakeville Police Department typically has a patrol car parked on the median almost daily and has been doing so as far back as 2013 if not for longer the need for vehicles to slow down there is a common occurrence and also a major worry I have also been given permission to speak on behalf of Seth and Allison Thomas who reside at 158 29 Dupont Avenue South they are not able to be here and wanted to express their apprehension of the use of the private road as a thorough Fair as well specifically exiting right or going south onto Buck Hill Road the placement of the proposed Road in connection with Buck Hill Road is too close together the difficulty of making this the main way out would be having to cross over three lanes of traffic to get into the left turn lane to go east on County Road 46 with over 200 to 400 vehicles or with the new number Mr Dempsey put up there 2, 665 average daily trips um including the the proposed uh housing the 176 units or if you have one to two vehicles per household that could be up to 352 Vehicles the question would be is how would it be ideal for anyone to be able to safely navigate this way and also maintain a flow of traffic the answer is that it's not ideal nor wanted and this is not taking into consideration all the additional traffic we would have in the wintertime from The Buck Hill ski resort the usage of this road is above what would be considered reasonable or usual for the amount of traffic there and as a recipe for backups and accidents that could easily be avoided with more consideration in this planning process I recommend pumping the brakes on the approval of this project until the concerns have been thoroughly thought through and that the correct and appropriate traffic safety and crime Studies have been completed I appreciate your time this evening thank you [46:27] **Tara Wear**: My name is Tara wear I live at 15939 Kendale Circle and I'm the one with the handout thank you because I do not have a color printer perfect thank you Nancy okay a lot of what I was going to talk about has already been talked about so I'll try to skip over some of the the duplication I kind of wanted to give just a aerial view of both of the neighborhoods that will be using this private drive through Sundance just so you can get a visual of how many houses are going to be affected and these are all homeowners they've invested in their real estate and maybe they're like me where they thought this was going to be there forever house so we're all pretty passionate about our forever houses so um 1983 West buuck Hill so that would be this one so it's outlined in purple so this existed in 1983 then in 2001 they put in my subdivision strein and to benefit Buck Hill the West Buck Hill subdivision they punched through Dupont and before they would have to go this way and this way and this way they couldn't get through and they also maintained a tree line along our Northern boundary which is also an electric easement which is convenient to put trees there but but nonetheless that would lessen the impact on that and so it improved their commute because they they get to punch through on Dupont and come down Kendall Circle and head to 35 and we all kind of hate it because they blow through the stop sign constantly so we're coming from this direction we're going straight they don't see many of us going straight so they just roll right through the stop sign and luckily the city puts a speed trailer there they put um a squad car there every once in a while to re-educate them to stop at the stop sign so that leads to my main concern with this private road with us being forced to use the private road eventually is that can the city tag and toe if somebody's working illegally can the city put a speed trailer can they enforce the stop signs I'm not sure what the easement is going to say but I've never seen an easement that could bestow the power of the police to police a private road and just to address a quick point that Mr Dempsey made about Bolero which is not really on this one maybe it's on this one this is the bolo um development and it they punched through this road that didn't exist before bolo to benefit this subdivision and of course yes they blocked their left-hand turn lane but they don't care they can get on County Road 5 anyway but they punched it through so now they can take a right and get on a 35 so I don't really think that restriction can compare to ours because obviously we're we want to go that way not that way typically okay so this I think you guys have this in front of you so I won't focus on it for too long Focus there we go this was just a quick drawing to show you the different routes that people are going to take and I do think to keep in mind most people are not going to want to take five left turns to get to where they want to go they're going to come down here and do a U-turn they're not going to want to go through Sundance which is what I'm going to get to next and that kind of leads me into this picture I for one do not not want to I understand it's 32 ft wide which is the same as our street Although our subdivision the right of way is 60 ft so the city the dedicated City Road is 60 feet even though the physical road is 32 feet and that pushes back our setbacks so our houses are farther away from the public road here you have a 32t driving surface which I agree is sufficient but we're you know 12 13 15 ft from the front door I don't want to drive through a subdivision or a townhouse situation with young children and there's there's also four driveways or side streets that I'm assuming people will have to stop at a stop sign if they stop so I guess my main point is I think we're back to other options that aren't any safer and then a couple other points confusion to emergency services and um delivery vehicles so if we were to if you guys were to require them to make a city road then we could have a sign that says to 46 and it will direct emergency vehicles and delivery vehicles to where they need to go to exit the subdivision and then somebody else brought up the city's snow plow situation but I know you guys all know you look out the window to see if the city's come through yet and then you see that they have so you can go to work but we won't have that luxury because we could get to that intersection to to go through Sundance and it won't be plowed so we'll have to take alternative routes so to wrap it up I'm just asking the city to work with a developer to do what they did in streefland and West Buck Hill make them dedicate a 60ft right of way um so that the the living portion of the property is farther away from the road that we have to drive on thank you [53:20] **Chelsea W**: Hello Madam chair and Planning Commission members my name is Chelsea W and I live at 15956 Kendale drive and my property backs up to this land um my concerns with the developments are the following volume of homes the Privacy that the the Privacy that they will decrease um the increase in traffic that this development will create as well as additional development details I understand that we are on time frame and everything but I think you need to hear that all of us sitting back here is concerned about things that we're going to talk about again with the development there's 176 units into a small area you're talking about putting 350 to over 700 people into 25 buildings on 15.75 acres of land that's an excessive amount of people in the small area in 2020 I moved from owning a town home in Burnsville because the demographics in the neighborhood changed drastically over a year due to the majority of the homes turning into rentals this development is marketed as is quote high-end rentals however the developer does not know what kind of people will be renting and what their mindsets are knowing that they are just renting we all have families in this neighborhood with children and our grandchildren and I'm pretty sure our neighbors and myself can say that we don't want any sketchy people or any public offenders in our neighborhood around our children doing having a bunch of rentals would probably do this so the seriousness of how many people will be renting as well as the amount of visitors these renters will have is very concerning again the developers marketing these rentals as high income rentals how many this question is for the developer how many of your current developments are funded through the HUD affordable housing funds or in other words residential words how many of your developments are getting assistance from the government to pay for its renters rent what's to say this development doesn't turn into into low income housing like other developments [55:30] **Chair Morovic**: ma'am I'll just that was already stated that they're not getting any funds [55:38] **Chelsea W**: okay um my solution for this is to decrease the number of units many of your current developments Sunan Still Water Woodberry Selena and Omaha all have 8 to 10 units buildings or create rental single family homes for the entire area maybe it will look like it's a single family neighborhood privacy right now the wooded acreage currently provides different species habitating there as well as sound buffer for the noise of 35W and H and Buck Hill I moved here away from rentals to build a family in a single family neighborhood removing the woods as well as creating the development will only increase the sound from Highway 35 and Bach Hill as well as create more noise with all the new traffic that the units and medical buildings will be bringing many of these rental Town Homes I understand are only going to be 20 ft 28 ft High however when you look at the Topography of the graph up on the Burnsville side they're going to be towering over these single family homes I don't want to see what renters are doing there's no screening between the current houses and the proposed development which I understand the only screening is between the rental town homes and the rental single family homes on the property I would like to see natural dense screening increased between the owned single fames homes of burnone Lake f as well as the rental single family homes like O'Reilly or the RS Apartments I also propose that the developer put a privacy fence along the entire property line of the development for Lakeville and bernsel residents um another suggestion is that up here in the up in the Burnville area I can we go to the um me the design of it here another suggestion is to make these houses more so single family homes because as of right now these Burnsville houses are 30 ft from their backyard their front doors are 30t from their backyards that's like from me to the that that TV up there make these single family homes and have their back yards back up to it up here and provide these families who have lived here since the 1970s and more more space and so that they don't have to Tower they don't have to be that close to these people [58:12] **Chair Morovic**: I'm I'm sorry I your generalizations have actually been pretty upsetting and I I know that you're frustrated I can hear that but I don't appreciate that you're generalizing people people who rent as in a bucket of sketchy people and those people so again I understand you're frustrated but that's not a broad generalization [58:31] **Chelsea W**: okay I just people rent a lot of people rent you can find the same type of people in single family homes so I just I don't really want I all I said was to make these houses rental single families it's all of the comments that you've made thus far have been to me quite upsetting because you're categorizing a group of people who rent [58:48] **Chair Morovic**: I understand but that doesn't mean that those people are going can I continue please thank you order no I I think we've heard enough I think you've you've went through all of your points and we can allow someone else to speak [59:15] **Chelsea W**: I have not I still have more to talk about okay well you have two minutes and we'll move to someone else the traffic again you're telling 200 2,665 trips that's just this development not the trips of everybody else I do also want to say that in the I asked for reports of traffic incidences that if you were to create the um this turn into a 3/4 turn there have been zero accidents at that turn at this intersection right here and a total of three accidents reported since 2016 three accidents in 8 years that's one accident every 2.6 years um again um one thing I do want to mention is that in the traffic study the current South bone forecast of Buck Hill Road is quoted to be at 95 percentile during Peak period from here to here you're telling me that there's 95% how are you going to put all of these homes all these cars on this road um the other thing is a suggestion is to have the developer buy this banket land by um venstar LLC and have the exit come out entrance and exit come out further down this road so that you don't have a bottleneck right here um sidewalks I like the idea of the sidewalks however um it's always been on the diagram that there the sidewalks would come up to the ending of the PowerPoint of the this development right here I don't see them on the diagrams it's been talked about so I would say if you're going to put sidewalks in the developer should be putting those sidewalks in maintaining those and and extending them up to the top of the bernsel city limit which is up here towards the park okay thank you last but not least um two things the finding of facts I also want to point out that I believe that they do not follow the 2040 comprehensive plan for Lakeville in the comprehensive plan it states that district one which is what we're talking about will have quote opportunities for targeting development of Highly density residential dwellings and mixed use will be considered within the transit node within half a mile of the existing Metro Transit Park and Ride facility the proposed development is 1.5 miles from the Metro Transit Park and Ride facility on Kendrick Avenue it does not meet that comprehensive plan of being within that half mile last but not least um this goes to the surveyors on June July 30th at 8:30 approximately 8:30 there was a surveyor from your team on my land I was not notified and I understand that you need to survey the land within a few feet of it I do not appreciate the surveyor coming all the way up to my garage door my front door through my front landscaping and down the the West inside west and right sides of my house which I have on video 30 plus feet is what I noticed you shouldn't need to come into my yard to survey why was I not notified about the survey prior to this to this happening I have a family and a dog that frequently use our yard I do not appreciate having some random person walk walking through my private yard and if you need to be on my property in the future please notify me otherwise I will be calling the police thank you [1:03:26] **Matthew West**: good evening my name is Matthew West I live on 1,15 fth Street West um I only have a couple points one is I want to be able to turn left because it's safety for me going down uh 155th Street West goes down a really big hill and there's always accidents anytime it's icy so that's my back way and uh number two the increase of people driving through the neighborhood is going to happen regardless of who lives there but uh that many homes and that many people in concentrated area I think it's going to increase it disproportionately and uh I think that's all I have thank you is there I have one question I don't know where I get a response is there a reason why it connects to kendelle or whatever that road is [1:04:22] **Chair Morovic**: we'll touch on those when the public hearing is closed or could it just end there there and then nothing changes with turning left or anything we'll answer that when the public hearing closes oh okay awesome thank you [1:04:48] **Emily Taylor**: I'm Emily Taylor and I'm at 15946 Kendo Circle um as you hear from many of us back here um I just wanted to point out a couple things on the diagram when they talked about the medical offices I am in healthcare and they're like oh it's 8 to 5 on this road we're going to be sharing this private road with medical offices we don't just work 8 to 5 okay like we are going to be competing with medical offices the people coming to work every day before 8 after 5 they that private road is going to be very congested and I'd also like to ask like what is the plan for the private road are they going to put speed bumps in there to keep people from flying through what's the plan with that I don't know what their plan is but I do have to say that just as someone who works in healthcare that area is going to get busy two Medical Offices is going to be busy before 8 it's going to be busy after 5 and we purposely did move from Burnsville to our home in Lakeville we made a choice we didn't even move seven miles because of how congested and difficult it was to get on the freeway from our old home so taking away that ability for us to make that left out of there is Big we also chose a daycare 1.8 miles from our home down 46 because I do work in healthcare and I have to get I work by Southdale to get on the freeway my husband we use a freeway every day to get back and forth and we chose a daycare that was easy access from our home and I can't imagine the safety issues with also having to go to a light and try to make a U-turn with other people trying to turn right on to 46 from there it is just kind of a logistical Nightmare and you think about the safety reasons so I just also want to like I said just point out from the healthcare aspect those two medical buildings I understand our approved this land is eventually going to be developed we get that we just think that there should be an overall consideration for people that are already residing there as well with like the new neighbors that are going to be coming because you're right like these people are going to have kids themselves there should be things to consider about that road and for those of us living there also having trying to funnel us to go through the piver road to Buck Hill Road and then having to go across the traffic to take a left I don't if any of you guys ski or go in and out of there I I don't but the road backs up significantly when Buck Hill is open there's already problems with accidents kind of on that road it also backs up significantly I don't know if any of you are aware but Buck Hill does like car nights where people come and show off all of their cars we already have problems with people their little cars BL muslers like zipping through our neighborhood because right where we sit we Overlook that stop sign kind of a Dupont and we already just sit there and we just watch people fly through those stop signs all day long so I think if you open up that private road access you're just opening up our neighborhood as well to just more and more people randomly coming through so I just think you just there's a couple ideas I think that can work for everyone involved like someone said can it just stop here and we can kind of keep that and their neighborhood stops and that kind of closes I think that would also be safer for their neighborhood as well it closes them off to all this extra traffic using their neighborhood as a place to drive through to get to work a place to drive through to zip to Buck Hill just more shortcuts I think there just needs to be some overall consideration for the ability for us to take a left for something that's going to work for the people that are going to be residing in these homes it just really has to be more thought put into that traffic specifically I think all I had really just from a healthcare point of view it already and for those of us that made active choices knowing we bought in this neighborhood we didn't move far and like you're taking away one of the very big perks of why we chose to like reside in this neighborhood and that's our access to the freeway because it's a huge pull for us I mean when I had my daughter like two years ago my husband was transferred and he has an OA where he gets transferred and he had to drive to Elk River every day like an extra like 15 minutes just trying to get back on to 35 and doing a loop is could be detrimental really our morning commutes so thank you [1:09:38] **Sam Hos**: Sam hos 15729 Bryant Avenue Court good evening Madam chair fellow commission members uh is there somewhere I can plug my laptop in for my slide presentation okay no well this will get a little tricky then say again I like that that's a good that's a good solution right there we'll aim for that okay here we go how many slides do you have uh did that say 125 uh more or less I will go through them quickly because a lot of them are pictures the big thing I wanted to do this for you all here is um well this I got a lot of zoom inss on the details here and I found some interesting details throughout the property so I will I will be as brief as possible try to try to beat uh uh Mr Dempsey but uh I I do have some really interesting details I'd like to share with you all thank you I am also here on behalf of uh some neighbors that could not make it uh I can leave a copy of their names and addresses if that would be helpful we have one two three four five families here or if you'd like me to read them off I can do that okay very well thank you for the opportunity to speak tonight I'm speaking on behalf of my family and uh the following members I mentioned who uh could not make it tonight I a neighbor to the north I'm here tonight with my family and other members of our neighborhood whom I thank for taking time from their schedules to be here with me tonight to evaluate and discuss these uh proposed preliminary plants I uh will not be talking about no no traffic here in my presentation um and I'll go quickly over some some values that the lot currently has uh natural rainwater infiltration area habitat for wildlife large variety of wildlife that my boys love seeing habitat for insects including honeybees uh buffer from light and noise pollution so it seems like this development would possibly take away from some of those points but then again add in other ways uh on the plus side there is no on street parking permitted um um as they claim that they're a wellestablished company with planing uh planning policies and experience which judging by their website and their previous projects I do agree and uh there might be potential employment opportunities for uh neighborhood teenagers too so I'm looking forward to uh getting my boys who are uh eight and under uh some work here in the near future well far future here I hope all right let's get started so first off is the building setback X oo that's still not going to help maybe the camera has a zoom feature that someone behind a screen can use well all these documents are available online so I would um encourage the commission to please uh take a really close look at here as I as I walk along here I'm going to move the mic just a here and see if I can see it from the glare here okay uh first off for these um easements uh it is a 30 foot building setback and you'll notice that on the uh on the West Side you've got the single family homes and on following and I'm uh on the North side you'll see the the grading walls here and one thing to note is it is a 30 foot uh building setback from the rear of these properties here and also a uh the buildings are right at around I think we got another picture from older view 32t so they're right they're right hugging that setback there is also a planned come on brain uh just had our fourth kids so lost a little sleep but I'll hang in there a um retaining wall due to the hill do the dimensions of the Hill there from from these houses here and I will mention this is my house right there so it will come up very soon all right here is the current neighbor view for all of us here all right we have 909 158 Street West you will notice if it shows well there is a orange sign in the back so that would be where the wall of the building is or a window walkout deck and all that so and then and then um uh whyatt property is uh right on the his fence is right on his property line there and so we have we go this way here's some more views I'm just going to quickly go through them I apologize for them uh not being very clear with this uh current setup we have but I can provide you um a copy of this digitally for your review all right this is the rear from those signs again that you saw that those orange signs behind his house so this would be you know someone's someone's window or uh or maybe top level depending and how how um the buildings line up here we will move on to the next door neighbor uh pictures provided by them uh same thing you know we're all in the same lineup so I'm going to kind of go through these but please do take note the closeness to um to my neighbors houses because this would be a window moving down the block I got my little buddy back there helping me out hold up a sign there he's a good helper but uh same thing with on that burm in the back there and this is the view from the back of that sign uh from yeah the back of that sign up there this I will reference this again later on in the presentation this is the the burm uh when we look at the topology diagrams uh this will be the the burm I'm referencing and you notice that power pole for a 69 KV uh Power feed to the uh the neighborhood substation that will also um come up during this presentation there's just another so we're looking we're looking straight on we turn our head a bit to the right there it is and then the hill tapers off into what's a sand pit so they stripped out the top soil I'll keep going though I don't want to use up too much time here as I'm speaking on behalf of only a few other neighbors uh we can see house 909 there the uh tree right here is an example of where that that 32 foot mark from these neighbors property back to that tree that's an example of the space there and so this would all be uh the uh 12 building apartment building all righty here's a site I see a lot uh this is the back view of 15729 Bryant Avenue Court you can see that orange sign again stay focused baby there we go uh another view of the power lines there please notice the height of those power lines moving on as I'm turning so this is a view from my either bedroom or kitchen uh I should say dining room sliding door uh we tore the deck down we're remodeling so please bear with us on on some of the the views uh there's my neighbors on the on the at least to me the left portion of the screen my neighbor's fence you'll notice that and take note of those orange signs we're about to uh oh this is a downstairs um bedroom three bedrooms on the back there facing that uh another one in the power pole okay so this is us uh taking a picture behind uh the sign at the 32 foot view so looking right into the back of our house there a single family home built in 1987 yeah t that deck down and now we're patching her up and uh it'll be a nice wrap around in the future so there's my neighbor's fence you'll kind of see the slopes here there's a lot of hills and a kind of rolling grade here that'll come up later another picture of my house what the deal okay don't tell don't tell my wife I'm showing pictures of our house please uh this is me standing at the rear of my property and uh looking at that sign 32 ft away I mean it's a 2D image so you're not going to get much out of it but we'll keep going here moving on there's that power pole again it's there it's the power company you see those trees to the left of it so Great River Energy comes by and trims those a couple times uh I should say every couple of years I think it was like two to five years they trim those back and you'll notice that is uh right around that 30 foot Mark all righty the last neighbor on the Block here we're wrapping it up please notice that was that uh the corner fence and then we're going to watch that slope as it slopes down so there's The View with the there's the orange sign I should Point these out sorry please please stop me if you guys need some explan clarification or or you're not tracking with me I've been staring at these for a couple weeks now all righty there we're going to move on more signs there and you see that that that tree line is has been there due to a GRE cutting cutting the uh the trees back from the power lines and so this is a sloped a very sloped backyard this is a view from their deck actually so you'll see the pool deck down there and we're almost uh this tree I couldn't fit a sign back there so I just you know marked it on the slide that is 4 feet front of so so 4 feet behind there would be that 32 uh foot Mark moving on moving on more from the deck very nice is there something there that's going to attack about n uh okay we're back to the slope definitely notice that slope coming down here that will come up soon and the slope continues to the back corner of their property all right this is again what we've seen this before this is from standing behind those signs we just saw all righty so what will this view change to you all kind of got a good feel hopefully for for what the neighbors have been seeing for the past um quite a while couple decades or more so what what will we we be looking at in the future not 100% sure I tried to piece it together as best I could um natural screening so this is a question I had with the layout of the natural screening and I did not bring my cheat sheet so I'm doing this from memory we got um we got Furs we got Spruce we got Elm um some more spruce here so definitely a good amount of screening natural screening so the U sorry for the this is why I wanted it on the big screen so it would you know pop more so we could talk about this but I please encourage you guys to uh review at home uh the details here or zoom in if you guys have the ability on the other info so the dotted line is the end of our property here our neighbors on the north now we have we do have a drain utility easement within this area and it is 10 10t drainage and utility easement for a 69 kV line so with what uh what the power company's been doing with trimming back trees uh just in in talking to to them it seems that uh it's not going to work out and I asked them I said hey you know did did the folks at Timberland contact you uh for vegetation management and they said they had not had a call um when they mentioned it to me that was anen Bart I was talking to I said okay okay well I just kind of ran it by him and talked to him and I got to talk to Michelle McDonald and she had mentioned that 10 feet is not enough uh setback for a 69 kV line and uh understandably because you saw how high those poles were and the amount of power they carry to the substation for our neighborhood a lot of the power is below ground so that's what's feeding the the neighborhood there so I wasn't and there could be a way to do it but just just with these trees Tree lineup and I'm sure this they mention the developer mentions this you know it's obviously you know it's it's they prerogative they can swap things out and change things along is what they mentioned in their documentation so it's understandable but I'm sorry I just for clarification are you saying your concern is the screening there and the existing power lines does that uh yeah yes it would be the screening and this proximity right under the power lines it seems like they'd get cut or removed which has happened to neighbors they the power company said hey you know we we'll give you some money and take your pine tree out so okay let's see here the apartment building Heights is another uh question I had so we're looking here these are great info here so we got 110 ft we've got our retaining wall and these points um dang okay we can we can we can we can work through this here let me turn so I'm staring at it all right so these points indicate um you know rims they the big blowout of this um gives the key you know gives the Legends and so you know I'm I'm an IT guy I don't I don't do any of this stuff but I you know I like I like to dig in so we're talking about different points there for where the that point there is what the height is so I'm guessing this is uh above sea level so we'll go with that so we got 1,0 ft and then up to the top here we see the topology line so so what we're looking at is uh let's find a good one there's one up here that says 11 18 I'd have you guys help me find it but you can't see it there you go 116 118 so the grading there so we're looking um and now granted so over here so I'm not pointing into space off the camera over here are those single family homes over here are the rent uh the rental apartment buildings and so we've got this retaining wall because as I saw that that berm that drops down so this retaining wall looks to be about I'd say six to8 ft High um and then it kind of slopes over into the into the neighbors there uh with the flow so you see the the flow there uh similar thing here we're not going to beat around the bush too much here the big the big kicker here is for my neighbors um to the um east of me there the Samuelson so this pitches all the way down and these arrows this is on the um the drainage um document provided by the developer the drainage is Flowing down down down and it looks like they have a reverse retaining wall so this would actually build up I'm no expert so we'll leave that to ask that question for them then does go down um in the you know near the back of their property so that might not be ideal um sure okay did just to clarify again oh yeah yeah yeah yep I'm take that concern was about the water flow yes the water flow um to my my neighbor's backyard they couldn't make it here I have I have their signature that they I could speak on their behalf about that I'm going take a quick drink all right and then just to check is there anyone wishing to speak after okay just Bia be quick because we want to get through all we want to address all of the questions oh definitely definitely and I do have a bit of a cheat sheet too uh my printer uh screwed up so I got some hand copies I'll hand out too with some big points I'd like uh like us to dive into yes yes okay whenever you're ready okay thank you okay here's one that that um okay so we'll see here there's actually two different types of 12 um 12 unit Apartments there's the 12 a type and the 12b type so we've got a 12a 12b 12a and again this is the corner of that lot the north uh northeast corner and then everything heads down that way to the single family homes so there is a discrepancy I would like the developer to address here for all of us and so I zoomed in because the sheets were so big and this is not doing any justice I can walk around with this laptop too but this says uh 12 unit building 12b and in the corner here it's type A and that kind of continues on throughout the building identifiers sometimes it shows two different buildings identified as I believe it was type A we'll probably run into it here but that was something I um since we're deciding on this and putting this in it would be good to to Really solidify what's going in there what are we seeing um across the back there for the neighborhood what's the neighborhood going to look like so I mean it's it's it's just a little thing it's easy it's a easy you know typo you know Monday uh Monday thing so we'll keep going here all righty I zoomed in here so this is labeled as a 12 unit building 12a so this is the layout here and I'm going to just zoom in just to make sure and boy did this throw me for a loop oh man I feel stupid I almost told you guys that this was 130 foot building but then I put this slide together and I'm like yeah no that's going to be like 30 feet high on the uh the bottom of the trusses according to this now I could be wrong I could be reading this really wrong so hopefully um I uh we will get some correction on that so the height of the buildings is a a question that I have for those those apartments the type and the height there U my house is a twostory and uh I believe it's about 28 to 30 ft um to the to the Gable to the top there uh here's just a side view so this would be this is called the rear view although in reality there's front doors all around these so it all looks the same but so this is what I could be potentially looking at um to the south of me um in the morning sitting on my new deck so but we look we we we see that um that retaining wall by estimates was 6 to 8 feet high well we'll call it eight and so we're seeing maybe you know the first portion of that bottom uh level so if it's a uh you know 8T High ceilings you know we'll say half of that so potentially when I when we Peak over that Hill if there is no screening now that's the thing I'd like to look into is is screening one of the issues um then you know we just be seeing about looks like four Apartments worth but I I can't remember from the zoom in they got a really nice uh side slice too of of how the apartments are laid out which is really cool to look at uh same thing with the uh hold on okay yeah that's 12 a and that's that's got the this is a 2 and a half story you'll notice they got the two Lofts there or is it four I think they're split yeah there two on the front two on the back and then we've got a type A so this is one of those things you know it's it'll easily get cleared up but these do look shorter these are just like I don't know what you call them two two stories um I don't think that's two and a half I'm not a building guy but again we zoom in and we see yeah it's about looks like 19 ft there plus maybe another 8 to 12 to the Gable so so it's just it' be helpful to know how high that is going up over the back with the view I'm used to currently what am I going to be staring at all black uh Roofing yes all right I'll take a break here if there's any any questions or you may go back not hearing any ruy uh here's a here's a view of that type a building 3D exterior so you notice it is a little short looks like they're shorter and longer and I yeah I can't remember where they I'm not really sure where the placement is uh on the on the overhead view all righty other views so some of you on the on the Planning Commission right might might have been around remember this one this is AIS apartments right uh just south of the Fleet Farm in Lakeville one thing I thought was really cool about AIS Apartments is the developer provided this little cutaway there because there there are single family homes uh to the east of the of the building this apartment complex and Apartments there and so I I I would imagine well I don't imagine I I read some of the public comments and they were you know entertaining as usual uh but you know it was interesting to see this View and this was really helpful I'm sure for those neighbors to get a feel for how their view is going to change just due to that all being kind of like what we have now just entirely if I remember right just entirely vacant wooded lot so we will zoom in I don't know how much it's going to help they started about approximately property line and I have my notes Here I did the math there we go okay so just oh yes yes so just the question is is something like this able to be provided I'll skip past it you got it okay I we I do want to mention the uh the setback though looks like it's about from the rear of the property line to this first building looks like about 80 ft of course that's underground parking garage and it look doesn't look like it's in line of sight this you know the big thing you're going to be worried about that looks like 108 feet of a setback from the rear of the property line that is something I would like to bring up yeah yep okay okay moving on so where in Lakeville do we have single family homes um next to um apartment buildings so I did a quick search and here's ays again our single family there and the ays apartment Stacks there uh nice room for cover so that's going to be a theme I'll skip through these Madam chair if that's all right with you we'll go quickly because you guys get the point here uh same thing Lakeville Point single family homes here big difference uh multif family screening screening between two multif family homes now granted these aren't as dense as the 12 I believe these were I believe these were four like condos duplexes so screening between multif family homes uh single family and and 8un multif family condos so we got a single family here eight units there some nice screening along there town homes and single family let me take a look here I don't think I have anything more to say on that uh daycare in a single family I just want to pause here the property was zoned for commercial previously so there's a nice amount of distance here um well I should say there's a nice amount of screening coming up there's another daycare with a really nice amount of distance between the building and the property line oh I would have loved that that would have been so cool to have a daycare in that area but we're moving on uh Lakeville Liquors and single family homes good distance between buildings there lots of good screen screening again a commercial example uh another commercial example or no not commercial I'd say religious nonprofit there um okay more on the setbacks can we skip we I've got the setbacks we'll touch on that sorry oh yep okay there was set back and screening y I did want to add uh an extra to this a setback so it's really neat if I may thank you um setbacks are 30 feet for a single family although we see some neighbors over here get a really nice push back from the rear of their proper to the building so there's that uh I noticed an interesting the uh the ex the setback between this single family uh the end of their property and their own you know the company's own apartment uh buildings is actually more than uh than what's proposed for my neighbors we got if you can't see it so I'll read it off to you 35.4 1 ft okay what's the next one here okay uh quick blank page quick side t tent uh pet policy for Sundance Sundance Woodbury example here from their website so we got two cats maximum allowed and uh maximum allowed two dogs uh with of course fees and I like that they have pooprints their pooprints community so that means there shouldn't be dooo in their yard although with them being so close to me we'll see how that goes I'm not I'm not going to you know say that it's going to be bad but I do notice that a maximum of two dogs and then we got a 12 unit building now no that's a stretch but it is possible unless there's a Lakeville um uh ordinance about how many you know dog to apartment ratio I don't know I didn't have time to look that up but I there's a potential for um you know 24 dogs in a building I know we're going to smirk say come on Sam give me a break but there's a potential for more than one or two dogs um where if it was a single family home there probably would not be in the tens to 20s of of dogs in that area is what I'm getting at there we'll move on uh the transmission lines oh we just got some pictures here so here's that clearing from the Northeast most point of this property uh see the Transmissions line and the clearing that the uh Power company's been doing so we got we're hitting that that 32 uh foot Mark there another view from my power pole I think and this is the neighbor's pine tree that's had to get lopped off multiple times utility easements one thing I did notice here at least according to this diagram is so there's the utility pole behind this house and then it it kind of bumps down there's the next utility pole you know two house two uh Lots over and it's actually so the lines coming off that pole as we saw in the previous picture you know they point off the side the lines for that pole are actually outside of that easement and it kind of does skew you know my neighbor on the corner he's lined up but then the polls definitely skew as you go down about uh I'm going to butcher this maybe half mile or 3/4 of a mile to the substation there on corner of C Road 5 another existing utility pole which is now outside of you see that dotted line I believe we go back that's referring to the draine utility easement so now we've got polls in overhead lines heading outside of the uh existing drain engine utility easement I just want to bring this up obviously it doesn't really affect me as far as I know but um is this going to be a problem for the developer in the future future um especially with that um so small of a of easement already for these large high-powered lines and I don't know the answer but hopefully we can get in touch with Great River Energy and really kind of figure out what's going on here why that looks like it's drifting out of the uh the drainage and utility easement as well as um something that's probably going to come up in the future when I was talking to um ants um not ants ton Anson uh he had mentioned that he's got a big project he's doing lines all the way from Pilot Knob moving up into Apple Valley and into Burnsville but they're replacing 69 KV lines with 115 KV lines and so big project need lots of equipment and gear lots of uh room to work you know in that area and so when we've got a burm that drops off along here uh and we got neighbors there and if we have screening there in the way that that might prove to be a very messy feat in the future um hopefully i' been been clear on that just You Construction general great thank you uh fire safety okay how I'm sorry how many more points and can we go through them um in a quicker fashion just so we can document the concerns and then we can address them I understand I apologize that I've really put a lot into this as you can tell yep we'll knock it out here so um uh I talked to the two local fire stations near my house um hey did did well no I actually talk just to the Burnsville side my big my big problem was how do you fight a fire this close to my house when you've got you know 4 foot sidewalk it's about I don't know 10 to 12 feet is that going to be too tight and talking to the uh the Fire Marshall for Burnsville at station one yeah he kind of sighed and he didn't he didn't give he yeah he he said he'd have to look in it and he hadn't heard about this development yet so that'd be one thing I'd like is the fire Marshalls review on this development so proposals right what can we do to to Really make this Jive well with the existing neighborhood uh you'll see the burm here has a nice little taper and it's got that uh a good a good um coverage there so it is outside of the existing um narrow easement for the power utility lines that follow the top of the top half of the property and kind of head down um that's one thing that's one thing uh we look at Sundance Woodberry and we see a very nice open lawn and playground here and then a dog park so not probably not uh out of uh out of the realm of possibilities we also have Sundance Omaha with some nice green spaces there too so I kind of picture that as being a nice buffer area between the uh those those you know higher density apartment buildings and the single family homes which we kind of already touched on earlier so I won't beat on that too much and if there's any other possibility um to decrease that distance between the end of the property line and the existing building or yeah and the start of the building uh to be able to make that screening happen and give us some more some more space so we don't have you know our neighbors right at our kitchen table I mean they will be obviously because you know it's good to meet your neighbors and have them over but you know every night's a little much um I'll hand out my uh bullet points there and I got oh yeah there we go one more tidbit so this was included yeah probably around when we were talking about this back in uh 2021 and uh from the city of Burnsville and just going through you know the plan for that uh the amendment when we were talking about amending the uh the zoning from commercial to uh to the multif family multi-purpose you know um residential here I I got a point right there and I'll read it out loud here uh they're talking about the lift stations was was one of the big points in here utilities I'll say here it's um this is from the city planner it is also suggested that landscape screening be provided for areas where attached town homes and higher residential density Andor commercial uses are proposed to adj to adjacent to the existing single family developed properties in the city of Burnsville so on behalf of Burnsville I I offer that request uh a second time to the Planning Commission but hopefully you all have kind of my multitude of points and um uh just um if there's options for for a park for more distance either with with condos or even single family homes continue that on in that I think multi uh I'm going to Blink on what multi M1 is the zoning now but single family homes would be uh would be I think a great fit for that section of the neighborhood and what already kind of meshes well with um what we have or what you all have here in Lakeville so uh any questions for me no not at this time okay okay um I'll get copies of these for you all but I will I would like to pass them around so you can see my neighbors my neighbors that couldn't make it tonight thank you thanks [1:45:38] **Resident**: evening I'm one of the older people in the neighborhood I live 901 West 158 Street. the three buildings that you got on the line right behind me 30 feet away Sam was talking about that in the beginning in this neighborhood I lived in Sunny Acres Mobile Home Park for 10 years 77 to 87 from that point on my forever home been there there 30 some years all the land behind me I've taken care of there's no trees no no nothing all these years I've taken care of that land now they want to approach come 10 ft underneath them power lines take a measurement 30 some feet out put the back of a building there if you have dogs two dogs and they bark at each other they're only 30t away going to have neighbors like that in the beginning behind that development it was supposed to be houses behind us kisac tow houses on the other side that's how that development was back in 1987 things changed we went commercial watch that Stak get pulled up from here to moving over there now all of a sudden they're going to build all these buildings I've been through couple of storms had my house wrecked there was a girl here that was talking about Riff Raff new neighbors coming in offended somebody up here well I've got the mobile home park I live there them people in the mobile home park they're not adults coming through my yard those are kids them kids this spring were throwing rocks at my house so now I got damage not enough damage to get a deductible but I have to live with that so when they talk about cutting through it's not the adults it's the kids coming through that's a problem the polls if I'm County Road five all them polls went down in a storm them poles are high enough now well if they went down they would fall against the buildings it's too close to us uh a burmer yeah that's great but you got to slide it back I mean I don't want my neighbor to be able to spit and hit me from his deck just a little bit of crowd little space that's all we're asking for um the streets I won't even go back and waste your time with that I don't want to have to take a goal around to make a leftand turn that's a simple thing um I think that uh they could move things back if they have to eliminate a couple of buildings to make that space make that space don't jamas um everybody's going to be coming out of that neighborhood trying to make a turn a leftand turn and you already say that might not be for five years of that but it'll happen sooner or later it'll happen they'll make that choice we've got stop site in the neighborhood that we all voted down we didn't want it we got it it's just a matter of time how things change I don't want to see too much of a change I enjoy my back area I've taken care of this area for years and years these people come in on my land tag my trees on my property that they're going to cut down bullies they're not even talking to us to get things done right so hopefully talking to you guys that'll help anyway that's all I'm going to say thank you for your time thank you [1:50:51] **Sam Hos**: still open I noticed I forgot three points can we do that sorry [1:51:15] **Chair Morovic**: they're telling oh only get one time to speak oh I blew it yeah yeah well thank you i I appreciate you [1:51:21] **Dallas**: Dallas, 5 Canard court leville and my property one one area can you tell me your name one more time it's oh it's Dallas mm mm one part of my property faces kendil and Dupont which we've been talking about all night and since they punch through uh Dupont all the property from Burnsville comes down d H and swings through kendel make a left to get to the interstate so it's busy there all the time I can sit in my house drinking coffee we watch the cars coming down the road and we say you think that one will stop no that one will stop no you know you might get one that stops every now and then a few will slow down the majority just zoom through and those of us that live in the neighborhood and coming up Kel we don't have a stop sign but we better stop because we're going to get hit if we don't so from that point view if we could get get a squad in there every now and then just a presence that would probably help if they see it they'll start slowing out so I'll just we've talked enough about that I guess my question is on this going to kendil and stopping us from being able to make a left-hand turn to go to Apple Valley the interstate or whatever who makes that decision is that you guys is that we'll touch on that [1:52:48] **Chair Morovic**: that's the county we don't have any control over that I mean that's I say that right yeah oh okay I didn't I just want clarification I didn't know if that was you guys did it or the the developer but I mean it's just stupid it's the county road so I okay well we can who's going to talk to them about our concerns we had here tonight then we'll go through all these and kind of get answers to all the questions when the public hearing closes so we'll touch on it because obviously everyone is concerned about the left-and turn so we'll [1:53:25] **Dallas**: okay well said that they set up the thing to count the traffic for one day tell you much you know it's got we got it doesn't sound to me like the due diligence was very good when it came to a period so I'll let you pass that on to whoever I only have one other thing maybe I just didn't hear it single family home what's a two family home I thought I thought your hand out there one of those sheets I said thought it said single family home and two family homes so I I apologize if I'm mistaken well yeah we can cover it thank you [1:54:29] **Teresa**: hi my name is Teresa I live at 15713 Bryant Avenue Court um I guess I'm speaking for some people who we're hoping to get everything in and I understand that there's just not a lot of time for that um first I just want to thank you all for your time because I get it it's a lot we're heated nobody wants to deal with this um however I guess just a couple of concerns that I just wanted to make sure gets across is that um I know that we're moving more towards electric vehicles and um you know renewable energy and all of that stuff which I find amazing I just had a question for the developers developers to see if they do have any sort of fire protection plan and or if they have any sort of electric vehicle um plugins that they were planning on putting in there I apologize I didn't do my homework quite as well as some of these other wonderful people who have come up here um but that was just a question I was hoping that we could perhaps get addressed um and then the only other thing is that I think especially because we have so many concerns it would be really nice if we can maybe pause this development process and maybe just rethink um how things are going I know that there were like I said quite a few concerns brought up um we just want to make sure that everybody's happy and healthy and that our children are being cared for and that that everybody can have a space in this wonderful Community is really what it is um you know I've heard Green Space is talked about and as uh somebody who as I mentioned kind of with the uh renewable energy definitely really big on green spaces so if there could be any way that we could perhaps add more to that or something like that and I understand that that's not all your decisions to make um but as a member of the community we would like to see that in general um so I just want to ask you know if this was your house if you were 30 ft away from this giant building with brand new Fern tree put in that yes someday will be huge if the power lines allow it I guess but until that point is this something you would want to look at is the dog something you want to hear barking I understand we all have to live and that's totally fine um but just kind of some thoughts that would be nice if you considered um again thank you guys so much for your time um this isn't easy but thank you [1:57:27] **Ellie Veteran**: short but fellow Madame chair and um commission members I am Ellie veteran I live at 10008 West 155th Street and I just wanted to say that I agree and I'm standing here with my neighbors to say EXA agree completely with them so that's all I wanted to say is I'm here standing with them thank you [1:58:02] **Commissioner Kusa**: Madam chair seeing no one else come forward I move to close the public hearing [1:58:06] **Commissioner Hinsley**: second [1:58:07] **Chair Morovic**: I have a motion and a second to close the public hearing all those in favor please signify by saying I (I) all opposed right the public hearing is now closed um all right so the biggest one Mr Dempsey I guess can we touch on County Road 46 and just what our limitations are um from a city standpoint but also there's what what the go forward path for those that would like to reach out to the county and what that looks like [1:58:45] **Frank Dempsey**: Madam chair as I mentioned on my presentation all all plats in Dakota County that are but County roads are requ requ ired to be reviewed by the plaque commission uh Dakota County plaque commission the county has an ordinance that gives control uh to the county to control accesses onto uh County Roads um and also they will review plats that don't even propose access but they review it to determine if additional Road ride of way is needed or if um uh Road intersections uh meet certain setback distances between uh other roads in that system uh they also have uh um back back when strein addition was proposed the county did identify Kendall as as at that time as being in a location between Buck Hill Road and County Road 5 and their policy at that time was the same as that they um it met a distance for right and R out but uh or or a full intersection temporarily but at someday it could be a ride in R out or it could be a 3/4 and so when that development was approved the county had that in place it was not a surprise to us anyways that work in this that the county could potentially erase that when we submitted the plat to them that was not the city's recommendation to do so it was strictly from the county um the County highway department is the one that oversees that with the plaque commission about where access locations are [2:00:19] **Chair Morovic**: all right thank you I know there were a lot of questions tonight so I'll do my best between myself and you know things that have to do with the developer you can address those too um I think the next biggest one and this would be I think for the developer because it's talking about the private road access so there were quite a few if you could come up and kind of talk just about um the pool being across the street and what what is for pedestrians obviously plowing speeding um Towing like the general concern that it is a private Street and not something that is controlled by the city [2:00:54] **Ryan Sailor**: sure so it's a private road but it's got a public ement on it so the city is a party to this agreement the City attorney has been through that agreement and picked it apart in detail um so for instance we can't just decide to shut down access to the public we can't just put speed bumps in we can't just at our discretion decide we're just going to shut the road down we can't do it um because of it's a public public easement uh snowplow um I would actually welcome the city to do the snow removal um we will do it but I have actually broached this with the city about us paying the city to do it um so I have no issue with that [2:01:52] **Chair Morovic**: is that something that is still pending discussion okay so pending discussion that the city could potentially be the ones plowing that private road correct but it you know I I understand the concern I just I I do um the no left turn yes it's brought up because of this project and because it triggered a County plat review but if this was zoned what it was going to be with the Costco or a grocery store or something else that was still going to be triggered and not only that there would be no road to get through to Buck Hill so I acknowledge the frustration I guess is my point I don't live in a vacuum um but this was the solution um this was the solution given and it's a it's a public road and we won't shut it down we can't shut the road down and I just want to be very clear about that um fellow Commissioners do you have any other questions on the private road piece I was going to move to exiting on Buck Hill Road and the comments about like the short distance before [2:03:19] **Commissioner Swanson**: Madam chair um I did have some questions about private road versus public road that type of thing and just kind of wanted to explore this a little bit um this may be a question more for City staff maybe um but just kind of getting into the when is a private road allowable versus a public or Public Road being required that type of thing can we maybe talk about that a little bit in terms of how this project fits in those requirements perhaps I'm not sure I can speak to when it's required or not yeah and I would defer to City staff here for sure [2:05:00] **Frank Dempsey**: I'll try to touch on that um I'm not um um you know with the public works department that makes these decisions but it's really at the discretion of the city if something was presented to us I guess it's a matter of someone eventually decid in whether it's it's a reasonable consideration uh the important part is making sure that access is maintained from one end of the uh Kendall Drive to Buck Hill Road um in the long term it will be a benefit to the area to have multiple ways of getting in and out of the neighborhood including uh uh Burnsville neighborhood to the north when that property was developed the street stub was presented right up to the property line the city connected it so that did bring that part of the neighborhood into this area um so it's uh the street is required to be constructed to City's standards it's required by the easement to be maintained it City standards with a maintenance schedule Etc so it is a quality constructed Road it will have no parking on it um so the city will have to enforce the uh the easement uh potentially that gives the city the power to do that um so it's it's really a call for the city council ultimately to accept the a price Road [2:05:00] **Commissioner Swanson**: Madam chair so just making sure I understand this correctly it's not something that is in the zoning ordinances that dictates whether a private road is or isn't allowed this is more of a discretionary decision by city council [2:05:13] **Frank Dempsey**: that's correct [2:05:15] **Commissioner Swanson**: mam chair question Frank uh Mr Dempsey on on whether it's private or public does that affect the easement uh does de side easement the width [2:05:25] **Frank Dempsey**: yeah yeah the easement is W is wide enough to allow for public passage uh the question was more that if this was a city street would the width and the additional width of the street be mandated to be wider yeah so so the street section there streets can range between 32 feet wide pavement section um or 40 ft depending on the are area that it's located in the P the primary area here is residential um the land use and so that is a 32 foot wi Street section which is being proposed and then just clarify that a little bit more I was thinking in terms of the setback the right yeah so this does not have extra right of public RightWay um so uh a residential street such as this that's being proposed to be a 60 foot R of way and then from that would be an additional 30 ft for building setback [2:06:17] **Commissioner Swanson**: okay so since it's private does that take the take that away [2:06:21] **Frank Dempsey**: yeah there's no there's no rideway the city does not have ride of way easements beyond the street pavement like a typical Street does which is about 14 ft beyond the prop the the curb line on both sides and so yeah that is not included [2:06:36] **Commissioner Hinsley**: mam chair um and Mr Dempsey I I don't know if this is for you or for for the U uh police department but um as far as enforcement goes on that private road um you know I know that you'd mentioned that it will be posted for no parking on the street but um as far as unsafe driving um you know people parking on the street would would the city's um uh easement that they're placing on that road you know allow the police department to uh perform whatever functions it needs to I would defer that question to the uh ex official expert law enforcement [2:07:23] **Police Chief Paulson**: um so public and private streets I I'd want to get the advice of our City attorney before speaking to it concretely but there are certain things we can enforce and there are certain things we can enforce um as far as traffic law okay but um sorry uh just going back to that um for means of of Public Safety for Access that that that um easement would give the police department the fire department the necessary access to to deal with public safety issues that's correct [2:08:44] **Ryan Sailor**: I would just add that I'm not going to get in the way of what law is and what is it but if that's a concern I'd happily put that in the development agreement to let the police enforce the no parking that's a benefit to us as well [2:09:13] **Commissioner Swanson**: anything else on the private road going to move to the Clubhouse you want to lump in the getting to the clubhouse with the private road conversation or not go for it all right thank you madam chair um so an additional concern that I had as I was looking at this proposal and thinking about this was the location of the private Clubhouse for these units um as I was looking at the layout of the development I guess I have a question for the developer or one of your professionals who may be able to better answer this um I was curious what the idea or concept for pedestrian access to the clubhouse might be I I see a parking lot there um I see the 5 foot sidewalks let say right behind the curb line is shown on the plan um but as I was looking at where curb Cuts typical curb Cuts might be shown for Ada access or other things I was kind of questioning where pedestrian access to this Clubhouse might be so I'm wondering if you could better Define that for me um and and lay out how or what is the expectation for the users of this town Town Homes to access that facility potentially on foot [2:10:40] **Mark Kic**: hi uh Mark Kic with Alliance engineering um been working on this from from uh early on so yes we have a a sidewalk on the north side of this access road and um the plans aren't fully developed for construction documents and things um I see us adding uh the zebra striping crosswalks um probably on each end of say the the clubhouse development to cross the um that comma Drive could you please point to where you think those will be okay so i' say the the no the primary access to the clubhouse will be here I'm sure people have to go through a controlled access to get to the pool um and um I guess if if needed we could add another crosswalk over in this area but um I I think definitely we would add one in this location [2:11:15] **Commissioner Swanson**: thank you I'll just put it on the table one of my concerns when I I thought about this you know I understand the concept of putting a crosswalk there that type of thing but as I was looking at it and I'm not a traffic engineer I'm not a uh expert on pedestrian crosswalks anything like that but I was concerned with there not being I'll say like an intersection or some sort of cross street or something like that providing kind of a connection that type of thing to that driveway just everything looks kind of offset here and that would be kind of a floating crosswalk to me so I'm not surprised at the answer to propose a crosswalk there I I'm questioning just whether or not how effective it might be that type of thing so I I remain concerned about the location of the clubhouse relative to the rest of the development I I recall the uh previous proposal that had the clubhouse I think located over in the uh south east corner of the development and that type of thing but at that time I'm not sure we we had this conversation about access and private road and everything else um so just kind of seeing this float off on its own over here is is giving me pause so I'll just put that on the table [2:12:45] **Frank Dempsey**: okay um and then there was concern on the distance that the private Drive is coming out onto Buck Hill Road and the stoplight so Mr Dempsey I don't know if that is something that civil engineering or [Music] engineering um the the setback of the intersection from of this private drive to uh Buck Hill Road does comply with the city's setback requirements for a public or private Street uh the setback that's proposed also does take into account the turn Lanes in this area uh there are a number of places in the city that have uh similar setback distances to busy intersections so it's not too unusual [2:13:42] **Chair Morovic**: anybody have comments on that one other questions we're g it it it looks I just to make a comment it looks similar to um kind of that over right over there by quick trip you know coming out onto um uh DOD right there that I mean that kind of is similar and I I am comfortable with with that I know it it sometimes takes a little bit of time to you know watch and wait for the traffic but it to me that is very similar to that um over by that quick trip [2:14:27] **Frank Dempsey**: if I could I might add this is about as far north as it really could go to be effective because it provides good sight distances the further north you go uh with a driveway then it reduces the site visibility a little bit so um it it's it's in a location that does meet our setback requirements at the County Road 46 [2:14:42] **Commissioner Swanson**: yeah M chair maybe I'm picking at this a little bit but correct me if I'm wrong that location's already set because that was part of the Sundance oh the medical original medical building piece so that's not even part of the conversation here tonight where the location of that's going to be and I'm not sure if this is for thank you madam chair um I'm not sure if this is for the traffic study folks if that's our staff over here um with the the discussion of the three lane changes to go east on 46 um and then the discussion of the traffic study being one day and the 2,000 trips and if we could maybe expound on that a little bit [2:15:40] **Nick Grage**: hello uh Nick grage with alliance engineering um so I just want to point out a few things with the traffic study so we we did an initial traffic study in June of 20121 um we came back in September of last year and updated that with new turn movement counts volumes out there and then we've since updated it one more time to incorporate the County's requirement uh to include that three three4 access um typically when we do a traffic study we collect volumes for a 24 48 hour period um we are not looking for the highest volume throughout the entire year uh we don't design our roadway systems for that um most agencies have a general idea of of what they want to see it's usually usually weekday during a school year um when there's more vehicles on the road it's not weekends unless it's maybe up North with recreational traffic um and in this case we've we've touched three different uh kind of time periods our initial data was from October 2017 when we updated it in 2021 it was from June 2021 and then more more recently it was from August 2023 um we feel that these volumes accurately reflect what we see out there in the roadway Network um so although the data when we actually analyze it is yes from one day um we're always looking historical data and data on all the roadways to make sure that that one day accurately reflects the majority of days out there um as far as uh doing the study most most recently um that did push more of the trips over to Buck Hill Road um so the analysis between the September study and the may study were different but it still shows the the intersections capable of handling that amount of traffic um I will note that at the 3/4 intersection the only movement that is being uh diverted is that southbound left that is about 73 left turns in just the am and the PM peak hour and about 360 left turns over the course of the day so the K the diverted kendelle road trips is about 365 trips um all the other movements could still use Kendall Road as they do today and then as far as the turning onto Buck Hill Road across those multiple Lanes um that's something that's actually not too far away it's on the south side of 1602 um that roadway behind bolero and McDonald's does the exact same thing turns out across multiple Lanes um based on the analysis um the majority of the time there aren't Vehicles sitting at the signal backed up waiting uh so there's going to be no interaction with vehicles in or out um that's not to say that there won't be peak times with Buck Hill events or anything in the winter perhaps where there's a bunch of vehicles sitting at the signal that it might happen sometimes but it's not going to be a daily occurrence it's not going to be something that people experience on their commute every single day um it's going to be kind of oneoff things so if there's any other traffic study or traffic related questions I'd be happy to answer that [2:18:42] **Commissioner Swanson**: uh that kind of covered it for me for the questions that I had written down I don't know if anyone else has [2:18:58] **Chair Morovic**: so this isn't this might not you might not be the best person to answer this but um I guess my question kind of relates on the other side of the property to that sidewalk and timing for kind of the extension and you know I know we talked about this a little bit Mr Dempsey when um the the other project came before us but kind of can someone kind of maybe clarify when that sidewalk is being constructed and kind of where it will go where it will end know if that's a City question or the sidewalk on Kendale yes that will be extended with this development we'll be extending the sidewalk through to Dupont Avenue okay thank you [2:19:54] **Chair Morovic**: um okay so now I think all of the things that I have are kind of talking about um the setbacks of the property being relatively close to um power lines the questions regarding screening um and the water drainage and all of those I guess actually the one can we address Mr Dempsey before kind of moving into those others it's just about so there were kind of two comments that came up regarding um notification of of personnel coming on for like surveying lands or like tagging trees and stuff like that what is the general um process of that is there a notification process and how is that normally handled [2:20:40] **Frank Dempsey**: the city is not involved at all in the surveying uh crew that the developer hires to survey his property um um I've heard that in past years that people say that surveyors will come onto their property I I can't answer whether they're required to notify them their their purpose of doing so is typically to locate where the property boundaries are the markers um and as far as on that same topic as far as trees being uh identified uh as uh you know tagged and numbered and including on the survey is that uh the the city doesn't ask them to do that don't encourage them to do that but it does work because uh for information purposes to make sure that the tree is identified as being there when the plan is submitted instead of drawing a solid line so if there's trees there that that need to be saved at least they can be identified put on the plan as save trees uh you know if they working within five feet or so they don't typically go out that that far and sometimes they can identify them without on the survey without even going on the property but we try to get all the is identified so that we can use that as part of any of the preservation plan [2:22:11] **Chair Morovic**: okay okay so now moving on to the um I guess the questions regarding kind of the water drainage um the setbacks being close to the power lines and some of those questions if you were able to to come up and answer those [2:22:26] **Mark Kic**: so Mark Kicinski again with Alliance engineering I have the green plant here so yeah generally the you know the site slopes to the South and drainage will be coming from what is J know the top of the BM towards the South when you get 200 feet or so um I don't know how the Advance this to not seeing that okay so uh Sam that had the blue house up here was talking about the the Eastern end being of concern and we're not draining water onto the adjacent property or the private residential lot we we're keeping it in a Swale and it's it's continuing to the east um and it's it's draining that way today so we we we won't be creating any issues for for the drainage on their property [2:23:44] **Commissioner Swanson**: Madam chair here's the Shaker the Water Resources engineer and the planning commission's got not necess questions but just kind of comments so um as part of the Land Development process and and how this all works um I'm I'm assuming you prepared a storm water report kind of addressing the pre-storm water conditions on the site and the post storm water conditions on the site kind of outlining rates and volumes of water and all the different directions it goes today and is proposed to yep our office did that Y and so essentially what happens here is the engineer puts together a study um they evaluate the current conditions using current engineering practice and rainfall amounts Etc um and they determine what those rates and volumes are going in each Direction um from the site today and they put together what those rates should be for the future um based on what they're putting together with their design so that's why you see some of these infiltration based storm water ponds that type of thing contained throughout the site um and then I'll take my question then to City staff and then City staff I'm assuming you take that Hydraulics report storm water report and you do a review on it make sure the calculations appear correct uh Etc and make those recommendations in your engineering letter and guidance to the developer [2:24:50] **Frank Dempsey**: yes we review the report to make sure that it conforms with our code of ordinances and all state requirements as well [2:24:57] **Commissioner Swanson**: so essentially on the storm water piece as a Planning Commission what we're deferring to here as City staff and their professional recommendations and assurances that that report prepared by the developer makes sense and uh conforms with all engineering practices laws and procedures fair enough okay I'll end my speech thank you um all right can you talk about the the setbacks and the power lines and the distance between and the concern with the screening additions [2:25:40] **Ryan Sailor**: yeah I I'll do the best I can um Great River Energy I think there was a comment about they didn't hear about this my my understanding is Great River Energy gave us comments back on screening this week like maybe yesterday so um we will screen appropriately by choosing materials that they want to um we will screen we we can do more to screen if we want I think again that's a benefit to both us and the neighbors um there is some talk about height there this is a h off site meaning we're taking a lot of fill off the site so we're actually dropping the grades so I don't think my my point is we're not just going to take the existing grade and go drop a building on top of a hill that's going to Tower over the neighbors um are they going to see our buildings yes but it's no different than looking across looking at a new two or thre story house that could be built across your property line the setbacks my comment on that is we're following the zoning code um to the requirements we're not asking for a variance or anything like that um we're following the city requirements as outlined in the zoning code um what what else can I address [2:27:01] **Commissioner Hinsley**: mam chair yeah um just on the screening I um you know I know Mr Dempsey mentioned it it's not something that you know we can impose as a requirement um the screening between your uh proposed single family homes and the existing single family homes in the neighborhood but I I do know that the the parks um and Recreation natural resources committee um expressed a desire for for you to consider that is that something that you would consider adding some screening between um the proposed single family homes and the neighborhood [2:27:39] **Ryan Sailor**: yes I mean we want to be good neighbors too [2:27:42] **Commissioner Hinsley**: thank you and I I understand some people just don't don't want the development but to the point that we can help with things like that we're happy to do it I I appreciate your willingness to kind of to address that [2:27:51] **Commissioner Swanson**: Madam chair yes while we're on the topic of trees and I know we've got the parks and rack's recommendations and discussion and all that I'm wondering if planning staff could just do a reminder to the Planning Commission and also for public education what are rules for tree removal um that type of thing what are the requirements that the developer must follow which they are trying to do with this process just again for mostly public education purposes um it always comes up it's always a question um so I think it would be good just to have a little refresher and what what is City's current policy regarding that [2:28:55] **Frank Dempsey**: um yeah commissioner Swanson uh the um tree preservation policy that the city has uh is intended to uh preserve as many trees as possible that do not need to be taken down essentially clear cutting and then here's my development plan plan it does work in some situations it worked in the strein addition next uh to to the West for in a large part but a lot of times it depend it's easier with single family developments but if you have a development that's all commercial that needs parking lots and they meet setbacks it's almost impossible to save any of the significant trees it does work in Border situations of between properties um so the the there's a survey done of all the trees uh staff determines where it's reasonable to uh to try to save trees we work with a developer to do that if the plan is adopted eventually by the city council and the trees they removed the developers required to replace those trees with a similar better Tree in two to one of course it's smaller than might be coming down um I I did i should point out that I did uh send the plan in mid June to Great River Energy to have them take a look at the landscape plan I heard back this week with comments they're concerned about some of the the large overstory trees I think there were Elum and some other trees in there that that would grow tall widen into that easement they're suggesting keeping them back uh further one of the stipulations of my report was to have a row of evergreen trees uh closer to the building as as a double wide landscape screen um working with a developer on ideas for that um so we want to beef up the screening but the screening trees in some of those areas are probably going to be limited to uh um um TR to think of the proper word this time of night but kind of decorative trees trees that don't grow taller than 15 or 20 feet we can try and make them as dense as possible there aren't a lot of Evergreens in that category there are a lot of Evergreens that are narrow and working with that so we are trying to maximize the screening as much as possible on the North property line and I'm I'm encouraged to hear that the developers willing to work with uh screening for the single family homes because the city cannot require that but we'll certainly work with them to do so [2:30:52] **Commissioner Swanson**: Mr Dempsey ornamental trees is that the word you were looking for the one I'm looking for decorative ornamental yeah happy to help you out you're doing a great job we really appreciate your expertise so Madam chair if I may continue um so I think the way to think about this is the way this works for the developer is they've got a set of rules that we've put out there city ordinances codes policies all those types of things that when they come in the door these are the rules this is the package that they essentially need to meet um we have some discretion on certain items and in other things we have rules that are in place for the developer to follow and when the developer meets those rules it basically our decision is does it meet that rule or not and if it does we're basically bound to vote Yes on that type of requirement so I guess the way I'll put it here at least with the tree preservation piece as planning staff sees it today they're meeting the requirements of the ordinance as it lays out basically the rules that the developer has to play is that correct [2:31:39] **Frank Dempsey**: that's correct yes [2:31:41] **Commissioner Hinsley**: and M chair um kind of piggybacking off that in our tree preservation requirements uh correct me if I'm wrong but before any application is submitted to you you know let's say even before this land was sold to the developer um that property owner would have a right to harvest all of the trees on the property if they so wished and I I think that we have had situations like that in the city where there were a lot of trees and before they submitted an application all of the trees were harvested um so they didn't have any trees that they had to preserve so I do appreciate the developer you know not doing that you know um not just following the letter of the ordinances in this regard but following the spirit of it um because obviously you you know you're making a product that you want to sell and people want to move into and I think that you know it behooves you to have a beautiful property and product with a lot of trees [2:33:01] **Chair Morovic**: all right um another question electric vehicle plugins are you going to have electric vehicle plugins [2:33:07] **Ryan Sailor**: so these are a little different because each unit here has their own individual garage so if we were doing a midrise or high-rise four or five story we'd probably do vehicle charging stations in the parking lot so the answer to this question is this is really u a resident coming in saying I have electric car can you do anything and we will work with the resident to put an electric charging option in their garage when they request one we can't put them in all 167 garages so we work with the resident if they come in with their Tesla or or whatever they're driving thank you yep um I think I might have captured all all of them do have additions [2:33:53] **Commissioner Swanson**: addition um I guess taking a temperature of the Planning Commission on if you have additional questions if you're comfortable yep so I had a few other things that I had on list one um I know there was some conversation about the power line relative to the drainage utility easements is shown on the plat that type of thing um part of what I noticed at least in the documents that are in there one of the things that isn't crystal clear I think to everyone is there is an overriding easement for the power line company that goes through this property as well that isn't reflected in the drainage and utility easements that are shown on many of the engineering drawings that type of thing I'm not going to say whether or not it is accurate whether it uh accurately confines that but the the power company has its own separate easement above and beyond what is shown on the plat itself it will reference likely the plat will reference that the and eement as being in existence um as that plat is recorded so just something to acknowledge that the power line the power company has their own easement their own rights associated with that that are above and beyond what the the plat itself grants so just a comment based on what I saw there [2:35:29] **Commissioner Zimmer**: chair um I want to really thank City staff for a really thorough job on figuring out uh all of the lines and all of the detail work and for those of you in the audience we are given a packet and everyone can go online and look at things and this commission really does a lot of homework before we get here to figure it out I did um drive to this location twice this time around and once the first time uh and making that leftand turn was tough coming out of there and I was coming out of there at 11 or 12 so um the County's taking a look at that intersection and trying to figure out the best thing to do and the City and the developer are um have to comply with what the county determines um I think the developers has done a really good job of trying to accommodate the concerns and questions that were asked here about additional screening uh about the private road and I'm pleased to hear of the continuing conversation regarding the snow plowing regarding the ticketing and towing for parking and how it can all work together as a community to make sure that this is the best it can be um and I I think they've done everything they possibly can as a developer working with the city to make sure all of these pieces come together for a really nice addition for Lakeville [2:37:01] **Commissioner Swanson**: Madam chair uh I had one or two other items left I think on my list I tried to keep pretty extensive notes on what I comment commented on and everything else um there was discussion about the the potential change in Access um a comment was made that um you know the city could just consider putting a stoplight there U at that intersection to reiterate it's a County Road it is not a city road the city does not control whether a traffic light will go in there or not the county makes those decisions um the city may be a partner in something like that but again the decisions on what that access looks like and everything else that is the County's purview so if you have questions comments concerns related to that that should go to Dakota County um one other comment if I may continue um there was a question about Fire Marshall and firefighting and how this might relate to that um I don't know if planning staff wants to jump in here at all my understanding and how part of this works is um when they apply for building permits that's part of the building code that dictates what fire access needs to look like I don't know if planning staff wants to further that comment [2:38:26] **Frank Dempsey**: Madam chair all I can add to that because I'm not going to venture into the fire department except my experience with them is that they have concerns about having uh um access around the building not always for vehicles but being able to get from fire hydrants around different buildings uh it could be a similar situation in a single family home neighborhood we have houses next to each other deep uh deep Lots Etc uh but the fire department and there's there's building code fire code and the fire department does look at these all development plans regarding access locations fire hydrant locations distance between them Etc thank you oh yeah goe [2:39:13] **Kim Barons**: good evening Kim Barons cson Architects I just wanted to clarify that all the multif family buildings are sprinkler to a 13r system um so that is a big deal um and the separations between the units both floors and walls are rated and covered in sheetrock so that if there is a fire it contains it to one unit and doesn't take over the whole building that's not a promise things can happen terrible things can happen but we are very careful about how we protect um the occupants and spread of fire thank you for that [2:39:50] **Commissioner Hinsley**: M chair just real quick on that that is like above and beyond what the State Building Code requires correct like that's the code the sprinklers [2:40:05] **Commissioner Swanson**: Mr Swinson are you done I'm done with additional comments and then I could app Pine later I had one other thing I had to Google it I've never heard of a poo print community so you know you learn something new every day um with this dog DNA so you can find out who's been on your lawn um I never heard of such a thing so that's really amazing I'm all in favor of that [2:40:23] **Ryan Sailor**: I just want to bring this up because it came up earlier and I want to give the neighborhood an answer and that is we manage our own properties for a reason it's so we have control over what happens and what our regulations are we do income verification we do credit checks for all our residents and we do criminal background checks and we're very particular about who lives in our buildings um obviously we adhere to fair housing but to the extent that we can control and make it the safest place and choose the best residents we do it and we can do that by managing our own properties [2:41:25] **Commissioner Hinsley**: mam chair um on that and our our previous chair who's no longer on the Planning Commission would always ask this um for rental units do you have crime free drug- free um agreements with when you in your rental agreements [2:41:40] **Ryan Sailor**: yeah I mean we have I don't know what you want to call it like behavioral Clauses in our agreements perfect thank you [2:41:55] **Commissioner Swanson**: commissioner spanson do you have more we done tackling all the odds and ends in I think so unless anyone has anything written down that I didn't my list is crossed off okay um so now we we'll kind of get to where we are and what we're thinking that type of thing um so first I I want to say um relative to this entire development and what's being proposed how we've gotten here I mean this is the third third stop essentially that this project has been in front of the Planning Commission um and in front of these bodies and an official decision making role um I supported this project when it came forth as the first iteration with the larger number of units um I supported this project with the comp plant amendment when it came forth with the smaller number of units in the medical office buildings um recommended those uh without too much hesitation I think biggest thing in my mindset here and I've I've heard a lot with the neighborhood and everyone else where desire for lower density um a desire for less dense development on this parcel and I think the piece that sticks out to me here is this parcel was Zone commercial going back to roughly 2000 and there were conversations proposals for large big box retailers much higher intensity uses to go on this site um in potential for that under that zoning so in my mindset moving to a medium or lower multifam type density project on this property it's a lower intensity land use relative to what those potential commercial users may have been now granted none of those users came to fruition and this is the first project that's really gotten to this Finish Line um so from that standpoint I'm I'm supportive of this concept I'm supportive of this density I'm supportive of what's going on with this proposal um from that standpoint and and again trying to create a transition from the single family housing that exists to the West towards some of the commercial properties that exist to the east in the 35W cor 35 Corridor um to speak correctly to that um so I think land use wise and everything else I'm supportive of what's going on here and with the the downg gauge to get to this level of development I think is appropriate um for me what I am struggling with with this proposal comes down to the private road um and some of those issues related to the private road um some of this is not the developers creation um there's nothing that says the county is going to come in and restrict that left turn access onto County Road 46 today tomorrow any particular date they have to program a project they have to think about that but it's it's on my mind in terms of what that's going to do to traffic flow through this um so that that private versus Public Road concerns me I've worked with municipalities in the past that have had issues with private roads and developments um and paying for improvements snow plowing services that type of thing and I respect the hack out of the developers who are proposing this and the folks who want to own this um so I'm not trying to disparage them in any way shape or form when I'm talking about potential pitfalls with private roads um but what concerns me here is most cases with private roads that road is intended to serve the internal customers so in this case the residential units or the medical office buildings that type of thing um in this case with that potential for that left turn closure I just see this as being more fitting for an actual Public Road in this situation and scenario that's a decision as was outlined that this is something for the city council to decide um and it's up to their their opinion my personal opinion in this case I'm I'm not comfortable with the private road piece so that's that's where I come down on this um I also outlined a little bit with my concerns with access to the clubhouse um somewhat related to that private road and the lower setbacks that kind of result as a piece of that but those are really what my my main concerns are as I looked as at at this some of that decision is already kind of out the door because the first additions already approved on this I wasn't part of that conversation I wasn't able to be here um but that's where I'm coming down with this that for me I like the proposal I like what we're doing here like the land use density I'm struggling with that private road piece that's probably going be what swings my vote towards a no on this but it doesn't have anything to do with the density doesn't have anything to do with what's being proposed the developers anything like that it strictly is that road issue that's where I'm coming down [2:46:40] **Commissioner Hinsley**: I'm chair um thank you commissioner swansson for um kind of laying out the timeline of where this project has come through I you know we have seen this in several iterations and stages um and you know this this whole area has changed I've lived in Lakeville since 1990 um you know I've it it was zoned single family for while and it was commercial for a long while and this whole area has changed I mean I remember uh when there was not a bridge uh uh over the freeway there and um you know growing up in Lakeville kind of seeing this develop and you know I remember when a lot of these uh houses around there weren't constructed and but when the um you know even the the businesses around there uh didn't exist and was it was different and it's changed and I um I understand the concerns about that that left turn and that access and um you know I think uh commissioner Swanson did a know said it that it there is no timeline on when that changes happen and it it um you know this going in front of the uh County plant commission you know once again brought it to their attention but so could another project you know further down the the line or further the east or further the West um the County's going to do um what it's going to do and it um it's going to have it's going to take into account kind of that overall traffic on County Road 46 and the county um really does not want that many uh accesses onto County Roads and it's a it's a safety issue for them and um you know I hope that they keep that left uh turn out for as long as it is safe to do so um and um you know I hope the the county kind of takes into consideration and and the uh the county staff are hearing the concerns of the residents as as that kind of goes forward but um it is not happening immediately it's not happening in conser uction with this project and I think uh you know Mr Dempsey addressed that it's not in the County's 5-year Capital Improvement plan I.E the county has not budgeted money or planned for this to be done within the next five years now circumstances could change that going on but um in my experience um know working on Transportation issues uh at at the state level um if it's not in the plan it's not going to happen um I am comfortable uh with the density um you know I think I I'm really happy with the product and I think that the developers put together a solid product and I think that the reason that they're building um is a testament because people want to move to this community um it's the reason we all moved here um and I you know like I said I've lived in Lakeville since 1990 I grew up in this community I came back to this community this community is grown dramatically over that time and it it's a testament because people like this city they appreciate the schools they appreciate the amenities we have and I am happy that we are offering uh you know this type of housing product in the city for other residents that want to move here um I have a lot of friends that um you know just the other week came down for ppra and they were all like we want to move to Lakeville but we you know want to find something that we can afford and that we can rent and I I think that there are uh a lot more people that will want to move to this community and I appreciate the developer wanting to make a product that people will want to buy and I also really want to thank the developer for their willingness to to walk through all of this with us and um to hear the residents concerns and finally I just want to say I I really do appreciate all the residents coming out and some of you for coming out multiple times over the past few years and sharing with these concerns and I I think the the developer has heard them I think the city staff has heard them and I appreciate the work of both the developer and the city staff for that they they put into this project and um I will be voting yes um and and I just really want once again thank everyone for coming out and and sharing with us [2:51:58] **Commissioner Kusa**: Madam chair uh I'll be supporting this um development I think it's the the right development for the land that's there um echoing some of Mr Swenson's Concepts is that you know other interest in this would have been a lot more evasive invasive I guess better way of putting it if we were to do large commercial in there big box a lot more traffic uh traffic all day all night um I think from a housing perspective uh we need to continue to look for Diversified housing I think if you look at the cost of housing in Lakeville it's pretty expensive hard to buy uh so we need to make sure we have those options available able that people can rent I very much appreciate the owner managed process on this I think that the delays and and puts away some of the concern of of who the renters may be and I think we need to be careful when we talk about that because not everybody can afford to buy a house and they deserve housing as well uh I do have concerns on the private road I think that's an issue that is just kind of out there um it it fixes some of the issue that may occur um but I I I don't know if I I like the concept of of Lakeville doing that on um a more broader perspective I think Lakeville should own and control their roads um and from there I think I I just as I had indicated I'll I'll be in favor of the project we at the point that we're ready for a motion do we have additional no mam chair [2:53:45] **Commissioner Kusa**: motion to recommend approval of the Sundance Lakeville second edition preliminary plant and conditional use permit subject to the 12 stipulations listed in the July 12 2024 planning report and approval of the findings of fact dated July 18 2024 [2:54:11] **Commissioner Hinsley**: second [2:54:14] **Chair Morovic**: I have a motion In a second Miss Marl will you please take a roll call vote (Kusa I Hinsley I morovic I Zimmer i h i won n) and when will this go in front of need is I was going to remind commissioner snon to provide to expand on reasoning [2:54:43] **Frank Dempsey**: then that's fine again um I just again want to State [2:54:49] **Commissioner Swanson**: I think overall concept product everything else that's going on here I'm fully supportive of what you're doing with that my concern lies primarily with that private road concept purpose and need for that roadway and how that lays out is is really what my concern is for future maintenance needs for the city um and how that all comes together so again product is fine I I like what you're doing with this I want you to hear that loud and clear it is simply that private road issue that really is what's tipping me into the naval thank you thank you commissioner swon [2:55:25] **Frank Dempsey**: when will this go in front of city council uh we're looking at August 5th that may just be for the preliminary plat with the final plat to follow at a later uh council meeting but we'll be determining that in the coming days [2:55:38] **Chair Morovic**: all right and with that the meeting is adjourned