City of Lakeville Planning Commission 10-19-23
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This transcript is for a **Lakeville Planning Commission** meeting. While the City Council and Department Directors were provided in the context, the Planning Commission is a separate body of appointed officials. Based on the dialogue, roll calls, and context, I have identified the speakers as follows:
* **Madam Vice Chair:** Presiding officer.
* **Secretary Mora:** Taking roll call and recording votes.
* **Commissioner Swinson / Commissioner Lily High / Commissioner Kusa:** Planning Commission members.
* **Director Mory:** Likely the Planning/Community Development staff lead (phonetically "Mory" or "Murray" in the text).
* **Frank Dempsey:** Planning Staff member.
* **Eric Jonis / Ryan Syler / Nick Rage:** Applicants and their representatives.
* **Chelsea W / David Kulba / Amy Erkenbrak:** Local residents.
***
[0:54] **Madam Vice Chair:** like to call the meeting Planning Commission meeting in order for October 19th please join me in the pledge of allegiance of Al United
[1:15] **Madam Vice Chair:** States and justice
[1:23] **Secretary Mora:** for secretary MOA will you take a roll call of members please Hua here Lily hi here Zimmer here a here Tinsley Winson
[1:23] **Madam Vice Chair:** agenda item three approval of the September 21st 2023 Planning Commission meetings meeting minutes does anyone have any uh changes we'll accept them as presented uh item number four announcements director my do you have any announcements for us this evening
[1:23] **Director Mory:** good evening Madam Vice chair and Planning Commission members uh the only announcement I have for this evening's meeting is just to note that if uh none of the two items on the agenda tonight's meeting are tabled uh the November 2nd Planning Commission meeting will be cancelled because we have no new public hearings coming forward to that meeting that concludes my announcements thank you
[1:23] **Madam Vice Chair:** thank you very much uh I'd like to note at this point those wishing to speak on a specific agenda item please uh print your name and address on the appropriate agenda item signup sheet at the back of the chambers prior to the uh that agenda item being presented and uh first up we have item number five a public hearing to consider the application of Eric jonis for an interim use permit to allow outdoor sales and display of automobiles as an accessory use in the C3 General commercial District located at 16079 Buck Hill Road like to ask Mr jonis to come forward please
[2:55] **Eric Jonis:** hello good evening my name is Eric jonis and I'm starting up a small used car dealership at 16079 Buck Hill Road it's an indoor showroom and I'm looking for approval for an interim use permit to put up to uh 10% of my square footage which works out to four parking spaces outside to display vehicles um the dealership is called Mother Earth Motors and we uh exclusively in electric cars so they're all electric cars okay thank you very much
[3:44] **Madam Vice Chair:** we'll ask Mr Dempsey to come forward please
[3:44] **Frank Dempsey:** good evening planning Commissioners mam chair so this evening um the first item on the agenda is uh the request for an inter amuse permit by uh Eric jonus for uh to allow outdoor display on this commercial zone property um it's located at 16079 Buck Hill Road uh the property is located at the Northwest intersection um near the Northwest intersection of Interstate 35 and 162nd Street which is County Road 46 will be located off of Buck Hill Road uh the property is Zone commercial uh to the north of this property oops um uh is uh mobile uh manufactured home park and the city of Burnsville which is this yellow line here um this is the property it's a three unit building that includes a retail for uh O'Reilly Auto Parts and there's retail on this endcap on the left side and then Mr Jonas's unit is in here it's about 2200 square feet and his proposal uh is to have uh up to four vehicles that would be displayed in this location and the zoning ordinance uh by inter imuse permit does allow up to 30% of the floor area equivalent um which equals four spaces for this 2200 square fet uh this building was constructed in the early 2000s um and is an is is a Jon to uh the auto repair shop to the to the east um this is a it's a closeup aerial photo recent aerial photo of the site which just get a better view of the location uh the the uh uh uh lease space is is the white area here it's a separate retail outlet here um Mr jonos would have a retail showroom this wall has been removed that's why I included that on the Note here so this is open uh there's a drive-in door at this location and there's a drive-in door in this location that his business would have access to both of those um he his uh plan is to have have up to uh you know five to seven Vehicles depending on the size of the vehicle being stored inside and the remaining four outside as needed uh this is a a photo from the back uh of the building this is one overhead door unit this is uh SEC another one here these used to be separated when the building was constructed this is where Herz auto rental was out of this location here uh years ago before moving over to what was then be was crystal Automotive um and then to the north which is uh the Sunny Hill uh manufacturer Sunny Hill Sunny Acres manufactured home park uh to the north uh this is just an illustration of the screening that was installed about 20 years ago uh and shows that it's still an effective screen and there's no additional screening required this happens to be the trash enclosure which is uh you know masonry with a gate enclosure and that's uh con includes my initial presentation a couple of things I want to point out um is that there are six uh criteria for the interim use permit uh that the Planning Commission is asked to consider when considering uh also findings the fact uh one that there's adequate parking on site the site does have just over 50 parking spaces um in the four spaces that are even proposed for outdoor display will not displace available parking on site uh the is allowed in the uh C3 commercial District subject to the interim use permit and the interim use permit U termination being that it's interim uh would include a change of use of this space in other words if Mr jonus was to move from the space then the interim use permit would expire um also and that there's no uh public cost associated with the proposal which there is not uh and then that the applicant has to comply with the interm use permits to stipulations of which there's five for your consideration and then result also finding as a fact I'll stand for any questions
[8:13] **Madam Vice Chair:** you is there uh anyone wishing to speak on this issue or anyone from the teams
[8:13] **Director Mory:** nope there's nobody online mam chair
[8:13] **Commissioner Swinson:** I motion to close the public hearing
[8:13] **Commissioner:** second
[8:13] **Madam Vice Chair:** all those in FA is there any discussion all those in favor I hi hi move to questions from Members commissioner kza
[8:59] **Commissioner Kusa:** I just had a question for the applicant um if you wanna if you wouldn't mind coming up um I know it's not part of the application I'm just curious do you have any uh plans to install a public public charging station at all
[8:59] **Eric Jonis:** no no no plans at this time yeah
[9:09] **Commissioner Kusa:** thanks any other questions
[9:09] **Madam Vice Chair:** go ahead commissioner sson
[9:09] **Commissioner Swinson:** so I'll be voting in favor of this um and excited to see another uh business locating in Lakeville that uh is taking advantage of more current product in the the market these days as a recent entrance into the market with a plug-in hybrid vehicle I appreciate uh having another choice in automotive uh Services here in the in Lakeville so thank you for being here thanks
[9:09] **Commissioner Lily High:** Madam chair I concur it's a creative and appropriate use for this location um I'll be voting in favor
[10:20] **Madam Vice Chair:** excellent there are no other questions I think we're ready for a motion
[10:20] **Commissioner Swinson:** Madam chair Mr Comm commissioner Swinson move to recommend approval of the Eric jonus interm use permit subject to the five stipulations listed in the October 13th 2023 planning report and approval of the findings of fact dated October 19th 2023
[10:20] **Commissioner:** second
[10:20] **Secretary Mora:** uh secretary Moro you take the role please Kusa I Lily High hi Zimmer i h i tley hi swon Hi
[11:06] **Madam Vice Chair:** thank you very much Mr jonus for this uh project and then I would ask our uh planning director whenw this this come before plan uh The Next Step at city council
[11:06] **Director Mory:** hard to believe we're talking about November meetings but it would go to their November 6th meeting
[11:06] **Madam Vice Chair:** okay again thanks very much appreciate that um our second uh public hearing tonight item number six uh is with Tim Timberland Partners uh this is a public hearing to consider the application of Timberland Partners uh for for the following located north of 162nd Street and West of Buck Hill Road and we have two um separate issues comprehensive plan amendment to reu property from medium density residential to low medium density residential and from commercial to Corridor mixed use uh and Item B zoning map amendment to rezone property from rm1 medium density residential district to rs2 single and two family residential district and from C3 General commercial District to M1 mixed use I35 Corridor District um we'd like to ask um um Mr is it sailor I'll put these back on Mr sailor please come forward if you've got a presentation for us
[12:22] **Ryan Syler:** Madam Vice chair Commissioners thank you for letting me be here tonight my name is Ryan Syler vice president of development for Timberland partners and I'm here on behalf of the development team um comprised of Timberland and Davis who are who are proposing to uh present our plan for an approximately 18.7 acre parcel of long vacant land at the northwest corner of Buck Hill Road and 102nd 62nd Street in Lakeville the uh request tonight is for a comp plan Amendment and a zoning map Amendment which you just discussed and our plan uh VI this site plan is for a total of 178 market rate rental units comprised of 167 stacked flat town homes and approximately 11 acres in the middle of the site one two three bedroom units and twostory buildings nine single family market rate rentals on the northwest corner of the site three and three and four bedroom homes and then along 162nd which we hope to preserve as a commercial Corridor we'll have a clubhouse on the southwestern portion of the site that will serve all the housing and then Davis is proposing to develop two single family medical office buildings each around 13,400 Square ft a little bit more about the housing the housing takes up about 14 of the 18 18 Acres of the site as I mentioned 178 total units the picture there illustrates the type of housing two story units or I'm sorry two story buildings each unit or each building contains 8 to 16 units every unit contains at least one attached garage stall if not two and each unit has its own direct access entry so there's no common corridors in these buildings um they're truly meant for um individual living um and no common corridors allows for extra safety as well the uh nine single family homes uh will be a mix of twostory or Ranch um some will have a walkout basements we're still finalizing details on those the entire development will be served by a 5,000 foot um plus Clubhouse we'll have our on-site uh management office so we will have on site management um an on-site manager leasing agent maintenance um there pretty much all the time the club house will have a a fitness center a yoga studio a club room um we'll have an outdoor pool and uh kitchen and then we'll have a dog park and a dog spa I just included some uh actual photos here these are actually Sundance product that we've built uh elsewhere the clubhouse on the right is in a project that we've done in Woodbury and then the building on the left is a representative sample of what these um buildings will look like this project is actually under construction in Omaha Nebraska right now I will add that because of Lakeville zoning code this is likely to become an even more attractive building um because of the requirements for brick um this building here doesn't have any brick on it on the Southeast corner of the site approximately 3 acres this is where Davis is proposing uh to construct some Medical Office Buildings two one-story buildings um totaling about 26,800 sare ft um parking according to code and if the Davis name sounds familiar it's because they've got uh currently right now in Lakeville over 100,000 square ft of medical office under construction this is a sample rendering of what these single story buildings may look like and then this last uh slide right here is a a proposed street view from 162nd so really what we're trying to do is construct a cohesive uh commercial Corridor um with an approachable scale that does an appropriate transition as you get back from 162nd towards the uh property line between Lakeville and Burnsville and the single family neighborhoods why we think the uh amendment makes sense um the uses are consistent with the city comprehensive plan providing uh attainable housing I think today when you look at interest rates which now just hit 8% uh attainable housing is more needed now than ever um especially near Commercial nodes and near Transit uh desirable land use transition um we're talking about two story buildings at the max right now with the with the multif family component um it's a really a low density transition as you go from uh the commercial along 162nd along the single family um as I just mentioned to the north new employment and Resident base to serve the uh the existing um commercial nodes um this parcel's been vacant for over 20 years there's been different retailers and everybody that I've looked at it from Costco to grocery stores to everything else um and it hasn't worked for various reasons uh so not only new employment in Resident base but also an increased tax base we feel like these uses are complimentary um you have residential where basically people are going to work they're they're out of the uh complex by 8:00 a.m. and they're arriving back um probably after 5: where if you have medical office people are arriving after 8 and leaving before 5 um you know thus minimizing the traffic impact and then you can't stress enough uh I think a pretty critical factor of this is the locally based development team um Timberland Partners were private family-owned company founded in 1992 we're based in Bloomington uh we've got a lot of experience we manage over 20,000 apartment units right now um and I I think the biggest thing to get out of this is we're going to own this longterm we are not Merchant Builders we do not develop our projects and sell them um we hold them many of the projects in our portfolio we've had since our Inception uh we also have our own third party we have our own management company we don't do any thirdparty management for anybody else so we only manage what we own and then as I mentioned before we have on-site management um Davis as I mentioned they're also local they're based in Minneapolis they have over 90 years of combined experience they've done over 60 medical buildings in nine states and they also develop with quality in the long term in mind and then um it's important to mention that the general contractor for the multif family housing component will be um locally based Lakeville RT residential who's a um affiliate of the tradition companies who's as I said based in Lakeville um Family run company they're an active Builder not only in Lakeville and the Twin Cities um and they've they've got got an impeccable reputation so um you know I think having a local team that understands the market understands the needs of the market is critically important for a project like this and with that I will reserve the rest of the time for staff and any questions thank you
[20:50] **Madam Vice Chair:** thank you very much and is it Syler Mr Syler or Mr sailor Syler thank you I want to get it right uh Mr dempy please proceed
[20:50] **Frank Dempsey:** yes let's see okay so the request this evening uh for Timberland Partners uh is a proposal to uh to to amend the comprehensive plan landies plan for uh this particular property which is uh planned as commercial development all 18 Acres um and um with the exception of uh the uh the north um West corner of the site which is a combination of low density residential and medium density uh the property is located uh north of of uh County Road 46 162nd Street uh west of Buck Hill Road uh and um this Kendall I believe is the name of the street here and so this particular property uh in this area is the currently residential Zone the remainder is commercial um to the north is the city of Burnsville uh single family homes primarily to the West is also single family homes in a vacant parcel here also Zone residence presential um interestate 35 is to the right um The Proposal here this is the existing land use uh that's that's laid out on the site as it me and has been presented um The Proposal is to is to uh change the land use and the zoning to allow uh a mix of commercial and residential development on the site as Mr Syer had presented um this is the the conceptual layout uh this layout has not been reviewed for uh for site plan details zoning ordinance requirements yet this is strictly a conceptual uh rendering of how the developer would uh um sees this property developing for their request and uh and uh If This Were to go through the process and be approved by the city council the developer will have to come through for a uh preliminary plat uh at which time we would look at more of the details associated with the site development so the consideration with this portion is only to change the land use and the zoning to set the table for this potential development we're talking about here um the site is laid out with uh with a street that runs East and West it separates the commercial from the residential with tie in Buck Hill Road uh to Kendall and then uh access then to County Road 46 some of these plants may look similar to what Mr Syler had a little different angles but kind of a similar shows the brick rendering on the building uh these are are Town Homes stack town homes that referred to there's some architectural elements that are associated with this that must comply with zoning requirements at the time that the proposal would come forward this shows the location as you saw previously with two medical buildings totaling just under 27,000 square fet with with surface parking the property here is um that we're considering uh was zoned residential from approximately 1969 up until about 2000 year 2000 when the comprehensive plan was updated at that time and the property was then rezoned a commercial and it's been vacant uh since that time um with with little little interest in actual commercial development uh to get through the development stage or have been uh indications of the past of interest but have not really gone to the point of plan submittal um so the portion this portion of the property would still remain commercial and of course as I mentioned the rest would be residential so there's 167 proposed uh town home units um and there'll be approximately 133 buildings and a 5,000 squ ft uh clubhouse um and then also the single family lots which would be a down zoning of that portion that portion of the property to the north uh uh the Northwest area of the site um the previous request that the Planning Commission considered at a public Hearing in 20121 and some of the neighbors may be familiar with that um was slightly higher density of which is about 188 units that did go through the public hearing process the Planning Commission recommended approval and the city council uh did not have enough majority of the four fth vote required to amend the comprensive plan so that did not pass um and and sometime earlier this year this development team approached us with an alternate layout which you're considering this evening part of the process for amending the comprehens of plan plan requires that the city uh notifies um adjacent jur governmental jurisdictions of the city that includes 11 different units including the school district Burnsville Apple Valley Empire Township uh city of Rosemont Farmington uh Eureka Township city of credit River New Market Township all have responded except two have not heard yet from City of credit River and Eureka Township the city of Burnsville is the only one that had uh comments regarding the comprehensive plan which was consistent with their previous comments in 2021 is that uh there's issues potentially of sewer capacity for the development of the site no matter what develops on the site whether it's this or anything else and at that time in 2021 there was further study that was needed uh to determine the suit ability of uh the existing sanitary sewer system to the site and uh there was additional study that was done that shows there is some challenge to providing adequate uh sewer capacity uh and that is a requirement of the preliminary plat in other words If This Were to uh go through and be approved that would have to be addressed as part of the preliminary plat sub middle to pass the test of uh whether a any site is considered a premature due to lack of city services there'll be more information on that at the time of preliminary plat would potentially be approved or proposed I mean um so the last time that there were uh the uh public hearing came through for this site there were comments from some uh adjacent Property Owners regarding uh need for screening between the high density and their single family and um also some concerns about lack uh loss of of open space in the area um the screening issue is something that would be dealt with at the time the preliminary plat uh plans would come through that's not part of this process um so there are two sets of findings of fact for the um Planning Commission to consider with there this request um one is for the zoning or uh the comprehensive plan Amendment and findings a fact for the zoning map Amendment which is also known as rezoning and so I I will conclude that uh we ask the Planning Commission to take this consideration uh take public input uh ask any questions uh and I'm here to assist on this the city Side of answering these questions and then also the developer of course is here to answer any the development related questions and I'll stand for any questions you have
[28:44] **Madam Vice Chair:** thank you very much um this is a public hearing and I have a couple of names on the list and they are listed under the previous item uh so maybe it was is there a Chelsea would you like to uh come up and speak briefly
[28:44] **Chelsea W:** my name is Chelsea W and I live at 15956 candel drive I'm the property that when you turn that curve is the very first property my my issue with this is we already have tons of traffic going through here um I have a almost 5-year-old daughter who cannot even go out on the driveway because cars are Zoom by my um mailbox is across the street and if I look both ways and I look again and I start to walk a car comes around that corner almost hitting me almost every single time they're flying through um another issue is uh they don't wait and they're on the wrong side of the road um I pull into my driveway many times after getting done teaching in the Lakeville school district and they're pulling right around my car trying to go past me and all these people are going turning up on to do point and going somewhere up up above us I brought my concerns to the um Police Department I brought my concerns to the capital Improvement plan in um earlier this year they were speed trailers there I saw it once the speed trailer was up already past our house so cars still what as soon as they turn the corner slowed down because they saw it um the speed tubes were never put out this year to calculate how many residents were driving through that area and as a residential person that moved from a town home to uh single family home to raise a family the increase in traffic is a concern for me and I know there are I'm not the only family that has kids there the bant land that you guys said that Mr me mentioned is actually not vacant there's a family there with kids too and those girls go out and play all the time but the cars just fly by and not even caring they don't even slow down so my concern with this plan is that it's going to increase the traffic to there and cause more problems thank you very much
[31:55] **Madam Vice Chair:** thank you for bringing those concerns forward uh the other name on here is uh David Kau please come forward
[31:55] **David Kulba:** first my name is David kulba my wife and I live at 15 822 Dupont uh just around the corner on Kendale onto Dupont there it's the second house on the drawing up there one with the uh pie shape can I use this okay just roll it down oh perfect okay so um my concern with this whole project is um it may sound selfish but I did my due diligence when I bought this property and I checked the zoning of the rst2 single and two family it is landlocked so there was no way that someone could buy this property and build on it behind us because there was no way to get a driveway to it so um we're happy about that and I'm sure that other neighbors around this property were too because it's a green space there's Wildlife that lives there um and it's nice to see you know cuz it's disappearing everywhere um my main concern though just as Chelsea had mentioned is is this on Kendale Road there's a this proposed plan has a uh a roadway going east west through there from Buck Hill Road over to Kendale and Kendale is all is very very trafficked in the mornings and in the afternoons it is literally a racetrack and all of the homes that are north of beter place I guess that's the name of our development they cut from 46 up through our development to reach all of those homes up behind Buck Hill and so I mean that is the main point of entrance so all those homes use this one road and as far as Buck Hill goes it gets very busy in the evenings coming home I travel it back and forth to work every single day and with the entrance to this development being so close to the corner of 46 in a curve it's going to cause a nightmare as well as most of the cars everyone wants to find their fastest way out right so they're going to try to go over to Kendale which is going to be maybe a 100 yards from the stop sign where there's no light it is going to be an absolute nightmare through there um what she said about the the racetrack and the traffic and all that that's it's true and there's a lot of kids in this development people move from developments like they want to build Mr Syler into developments like ours it's progression right so we don't want to take a step back and you're talking 168 multi- family units that's over 500 people in a space the size of 11 acres that is a lot there's no grocery stores nearby you have public transit but you have to cross Highway 35 to get to it you have a gas station you have a McDonald's and a bowling alley that's it and me personally the I don't see anything in the plan for um to leave any of the wooded property around there as a buffer between what they're trying to build and what exists already um as far as all that go I mean I would like to see at least the two the rst2 and the rm1 excluded from the plan if it were me and you know if you put this big uh wreck Center out here on the corner those trees also provide a lot of noise reduction from the highway it's very loud you get rid of that wood it's going to be very loud through there plus you add that we're going to listen to that all throughout the summer I mean it's I understand the need for this type of housing I just don't think this is the right place thank you very much
[35:40] **Madam Vice Chair:** we have one other person who wants to come forward I don't have you on the list
[35:40] **Amy Erkenbrak:** I'm Amy Kenra Amy last name is e r k e n b r a k and your address 11255 162nd Street West thank you thank you madam chair thank you planning Commissioners I would like to Echo um what the previous two people were saying we live at that property right across from Kendale and what we find is um that there is a lot of traffic that goes in and out because there is only one Access Road out to go east onto County Road 46 and IT services the whole Burnsville area neighborhood uh north of 162 and um just like Chelsea had um uh requested like traffic um speed traffic I don't whatever count you know um I'm a little nervous I'm sorry um uh traffic counters um we have not seen that um you literally could see um in a 10c period 10 cars that go by and then in another 10 second period another 10 cars and then another 10 cars and another 10 cars when you take County Road 46 and you go north and you take a right on Kendale that in and out is super busy so to have an East and West access road to this development it what Dave was saying it would be a total nightmare because everyone's going in and out in and out in and out I am um for a lot of the development I would just like to see if there's a different way that we could get some of those Burnsville residents out of the neighborhood using a different way out and not use kendelle as much just because of the risk we have three children that live with us and we cannot walk we cannot even go in the the corner of of the the curve um there is no safety there um so unless there are going to be some sidewalks that are built in or some uh um you know paved bike paths it really is a recipe for disaster so I just want to be a third person to Echo that that there really needs to be more access out of the neighborhood and less on Kendale thank you thank you very much sorry
[38:20] **Madam Vice Chair:** thank you and director myay there's no one else on the teams
[38:20] **Director Mory:** there are a couple of people on the teams meeting but uh nobody has indicated they're will uh wanting to speak at the public hearing so at this time I don't know that uh there's any additional public input um
[38:46] **Chelsea W:** I will allow one more forgot to mention when I was up here at the screening for privacy like I I mentioned we came from a town home because we wanted a single family into Echo Dave um that wooded area is amazing my daughter walking by it all the time and we see tons of animals and everything and she's so curious about it that to lose that area or even to lose a majority of it without like a screening buffer would take naturalistic aspect of kids learning and things like that so I'd like to see something about a screen to prevent the rentals from people who actually own properties um to provide them more privacy in that stuff okay thank you
[39:40] **Madam Vice Chair:** I don't think there are others to make comments we have a motion
[39:40] **Commissioner Swinson:** Madam chair move to close the public hearing
[39:40] **Commissioner:** second
[39:40] **Madam Vice Chair:** any discussion all those in favor I I I the public hearing is now closed and uh we would take questions from commission members of Mr Dempsey and others
[40:26] **Commissioner Lily High:** Adam chair I'd like to uh reflect upon the traffic but before we do that um perhaps uh planning uh we get a point of the planning staff and board and talk about what could be built today what type of traffic might be associated with what could be built today because today today we're just talking about can should should we allow the current use to change to a different use so I'd like for us to have an understanding of what could be built today and then think about what could be built tomorrow because as much as we're seeing something on a paper that says hey in the future we might build this and I interpret it this way we might build this if things were allowed to be different to be clear as I would understand it just because you talk about the one thing being built if it were different if it were different just means it's going to be different and someone could come forward with a different plan to build in a different way so I just want us to have an idea of what what could be built today and then we can think about traffic as it relates today and then we can think about what could be built tomorrow and understand what type of traffic might be associated with tomorrow if a change would have
[41:13] **Frank Dempsey:** thank you madam chair and commissioner Lily I uh the 18 Acres uh minus the residential in a northwest corner uh is zoned all commercial and so uh that's C3 General commercial District it's our it's our most uh it's at least restrictive in terms of types of land uses you can have commercial land uses it allows virtually all commercial uh it allows Office Buildings hotels gas stations fast food grocery stores um uh almost all the retail that you can see along the interstate and other parts of of Lakeville um there have been in has been interest both in large and small developments including grocery stores on the site U multistory uh um medical buildings um and so those all have uh traffic as well um that that uh that come during different times of the day Etc so there are there there are was always the possibility there always had been the possibility that a developer could come through with a residential plan or commercial development plan and there would be a preliminary plat public hearing but no rezonings involved does that address most of your questions commissioner
[42:44] **Commissioner Lily High:** it it does it it helps me open my mind to and I believe the applicant came forward and said in the past maybe there was a Costco that had an interest in the property so I was just trying to Envision Costco being on the property and the traffic that might be associated with a big box and thinking about what the future might be if it were zoned differently so that is very helpful for me to think through those things thank you madam chair
[42:44] **Director Mory:** can I just uh jump in a little bit on that yes please do commissioner lilii is absolutely correct that there was a Costco looking at the site uh at one time uh but Lakeville is a municipal Liquor City and Costco wanted to have a liquor so they didn't go there I am a member of the Costco in Burnsville and the traffic at that site would be much greater than what you would have here um I would like to point out that the developer has uh on their own accord uh done an updated traffic study for their proposed development I don't know uh Ryan if you have anybody uh with you that could speak on that traffic study I think it is important uh because the traffic studies findings regarding the impact of this development not only on Buck Hill Road intersection with County Road 46 but also the Kendale Dupont uh neighborhood area I think that is important uh to bring that up because the traffic uh impacts would be negligible and a lot of what I'm hearing from the residents is uh goes beyond the traffic but goes uh to speeding and potentially reckless driving which would be a police department issue and we're lucky we have an ex official member who is a a member of the police force and he can take these concerns back to to PD and certainly they can look at the uh in relation to currently existing what you uh have going on in that neighborhood as well as what would happen with this development but if if somebody from the development could team could speak on the traffic study I think that would be important
[45:02] **Director Mory:** thank you director muray please introduce yourself for a record and uh please go ahead
[45:02] **Nick Rage:** hello um Vice chair and uh Planning Commission members my name is Nick rage I'm with Alli engineering uh we perform the traffic study on behalf of the developer uh the traffic study update uh Incorporated a couple revisions uh the previous study was completed in 2021 got on the back end of coid and there were concerns with the volumes being a little bit lower so this study updated the traffic volumes to 2023 traffic volumes so we have a better picture of what out there currently today uh in addition to that revision we also made revisions to the the site plan assumptions that you saw in the uh in Ryan's presentation today which included some reduced unit counts and a slight change to what was previously shown along the commercial section on the south portion of the development uh the trips that we projected for the current development are lower than what we analyzed before uh and as far as what would be considered to use kendel to the West uh it would be roughly 5% of trips when we distribute trips for a development of this nature we kind of look at where those trips would want to go um the developments to the north along Kendall are largely residential as is our development for the most part um so generally those residential trips are not looking to go to other residential areas and so the majority of our trips are going onto um 162nd and towards Buck Hill towards I35 so we don't we don't expect from a a volume perspective there to be as much of an issue on Kendall um but that does not address some of the existing concerns that the resident shared uh if you have any other questions I'd be happy to answer them
[45:02] **Madam Vice Chair:** no other questions at this time thank you thank you madam chair
[47:24] **Commissioner Swinson:** I have another question for Frank Frank if you could just or excuse me Mr Dempsey sorry if you could continue to elaborate a little bit on even the the corner up next to the housing where I think part of it was single part of it was medium and the fact that you know it would appear that it's landlock and what that means and what kind of what kind of density uh what could be built on that Medium
[47:24] **Frank Dempsey:** sure um Jack I don't know if you can bring up the PowerPoint again thank you yeah so the the gentleman was referring to this portion of of property here uh just over 4 Acres um Kendall comes off of uh 162 and go bends this direction West and then North on Dupont um this is this is this entire area here is one property so this isn't really landlock what this is intended to do was to allow uh a a medium density town home density in this area uh adjacent to the potential commercial at the time that was that was planned um um and then have a lower density uh low to medium which could be single family homes on small Lots or Twin Homes uh because of the single family to the north and and the uh single family to the West um so it is all one parcel there's you know um and and the density range between in this area here I believe is five to seven or nine units an acre and in this area areas 3 to four that range follow up commission
[48:42] **Commissioner Swinson:** nope I'm good thank you so um again I'm I'm not standing here as a planning commissioner to dismiss the concerns of the neighbors and dismiss what theyve brought forward to us here today but again we're focused on the potential land use change only the fact of the matter is this developer could go away after this land use change is made we could have a completely different proposal in front of us so strictly in my terms of thinking I'm thinking of it strictly in terms of the land use change while I appreciate the specifics of the site and where you intend to head I'm looking at it that way that that's the intent but the reality is that could change um so from my perspective I'm focused solely on that land use change and and what that means um I think from that perspective I voted for the previous proposal that was here in the density that that proposal represented this is a slight decrease in the density I'm still supportive of that type of change I think this is a reasonable location and provides a type of uh I'll say buffer from potential commercial development to the residential development both in Burnsville and the City of Lakeville I know change is hard on these Parcels we all have expectations about land use change and what may happen what may occur here um I think the reflections on the fact that this could be a big box retailer and the amount of traffic that would come with that type of facility um versus what a somewhat higher density residential development as is being proposed and the medical uses represents I think that's what I'm gra wrestling with in my mind is what that change between the commercial to the residential represents and I'm still supportive of of what that app uh what that would represent um I think all the other site concerns about where Road Connections would be the East West Connection those types of things those are things we're going to have to wrestle with at the time of a site plan and a and a plat when that comes before this body I'm assuming that will come back before this body correct
[51:01] **Madam Vice Chair:** so we'll have a chance to hear your concerns work to address them um and do that but we're not going to be able to solve those those things here tonight so I just want to make that clear with that again I'm supportive of this potential comprehensive land use change and the zoning amendments I think again it represents a decent approach to a buffer property here I mean this is a property that's been on the market for 20 some years as a commercial property um and just things have not quite clicked with that we do have a need for multi family housing units uh in the city and I think this is a reasonable site to accommodate those so with that I'll be voting in support of this amendment thank you thank you uh Mr Dempsey did that encapsulate what would happen What would be the next steps or do we need to lay that out a more for uh the residents that came here
[51:47] **Frank Dempsey:** no and I mentioned that as part of my uh presentation but yeah that's true this is the consideration of whether the land use plan should change and therefore the zoning with that because they're required to match um so the next step if the developer moves forward uh and if the city council would approve this request uh then there'll be a separate public hearing for the preliminary plat and anything else that's requires public hearing uh that's proposed at that time uh and and again all parties within um 500 feet of this property would be notified by mail and also um publication and usually when we do a plat that's when we address some of the specific concerns regarding traffic and screening and fencing and all those kinds of things is that correct
[51:47] **Madam Vice Chair:** that's correct thank you madam chair yes we have Mr Dempsey up um
[51:47] **Commissioner Lily High:** perhaps I think I asked this question last time we saw a similar proposal when when would the review of Kendale come into play I apologize I don't probably not going to call it right but I think it's an urban roadway right now it doesn't have gutters it doesn't have curbs yet when when would the city look at changing the type of road that that is
[52:33] **Frank Dempsey:** yeah that would that would potentially then be done at the preliminary plat that's when we look at all the aspects of the road network uh walking paths sidewalks things of that nature
[52:33] **Commissioner Lily High:** thank you because I I would want to um sh share my voice in the same way that uh Chelsea David and Amy did um I I live very near them I'm a runner um I as I grew up you were always supposed to walk and run against traffic um and I don't run against traffic as I go around that corner I I go with traffic I find it safer um I agree with them the sight line around that corner is tough um I'd like to think that I run fast enough that maybe they're grabbing their kids and pulling them back but um I'm not that guy um but I but I do uh I stand with you as there there certainly needs to be some improvements that happen with that roadway to accommodate um a growing city so that families uh can feel comfortable that um they're living in a good place that's safe for their children um as I I have the opportunity to continue speaking um when I saw this last time I liked it previously um um I feel as though um I'm supportive I am definitely supportive of something less intense than the Comm what a commercial proposal would be just by way of reference and and I appreciate uh director moy's words that say it probably wasn't the right size for a Costco but even looking on the County's website uh Costco and Burnsville which I'm also a member of um is about a 15 and a half acre site I know that the full 18 couldn't be used but but just to give a contrast or or a comparison to size of plots and and what type of Big Box store if something came to that um could do so so I was supportive then of uh these these changes I'm supportive again tonight um I I don't know if the quarter mixed use was part of our toolbox back then it was as I'm seeing has not but uh I think those these types of things that we the city have brought to to Bear will help this be a better site with these changes um I was excited last time that uh Minnesota based a Bloomington based uh corporation uh wanted to to work that property wanted to be on site and and literally be just across the river to have them be here a second time to me really speaks to their commitment and desire to move forward with this plan um so as much as I offer uh when we make a zoning uh change or if we make a zoning change uh something else could come forward I really don't think that it will I think these are the people that want to work with this property and make this change um so so you're hearing me say again I am supportive of this change it's a a less uh intensive use and I think we're going to have a better product and having local people be the ones to uh stand in in charge of that property into the future um put me in a good place to be supported thank you commissioner cluser you next
[56:25] **Commissioner Kusa:** uh yeah and I appreciate uh commissioner swensson and lahigh for speaking first because you said everything I was going to say um I I completely agree I think that like the medical office uh is going to be kind of a great use when I look at you know um commercial in our uh code the there are a whole lot of things that that could be and a whole lot of things that are a lot higher intensity than you know medical office building um and I also want to Echo uh commissioner lahi um I totally agree about the developers I I think that these are the ones that are going to be building on this site and um I appreciate uh so many of them uh being here with all their staff and I appreciate the residents coming and it you know when this comes to us uh in the future as a preliminary PL I think that they've heard a lot of your concerns and are going to take those into account um and I think the city staff has heard your concerns and as they work with uh the developer as we get to a preliminary plat we'll be incorporating a lot of that and uh the city staff is really great about um providing notice one of the things I appreciate about Lakeville is we go uh above and beyond our uh the notice requirements in law we um uh notify neighbors that live further away from a property than than we're required to and I I really do appreciate that um that the city staff has kind of LED in that but I I think that um you know to me every time something comes before us we have to deal with the request in front of us and it's not not um the plat right now and so we really just have to look at uh the amendments to the zoning ordinance into the the comp plan and I am supportive of those changes I appreciate that um the site overall will be lower density than than what it would have been when it came before us earlier and so I am going to be supportive of this
[57:11] **Madam Vice Chair:** thank you director Mor
[58:43] **Director Mory:** Madam chair if I if I could um I don't have too many more of these meetings to impart my history uh so I want to take advantage of that I'm very excited that RT development RT homes is part of this project uh they have been instrumental in the spirit of branch and farm development in the Northeast part of the city uh Mr gryo who's here has has given me tours of all of their products out there whether it was single family uh attached Town Homes detached town homes they do an outstanding job there that that development is better for their involvement in it and I think they will do a very very nice job here and it'll be a good addition to that part of the city of Lakeville so just wanted to mention that thank you
[59:29] **Madam Vice Chair:** we have no other questions I think we're ready for a motion
[59:29] **Commissioner Kusa:** I I will Madam chair I will point out that I think right now with Mr drotning no longer on the commission um Mr myy might be the only one uh with knowledge of this area longer than than me I I mean we were talking before the meeting how I mean I remember uh 46 didn't connect over the freeway and there was a whole lot of nothing so we appreciate his institutional knowledge
[1:00:01] **Commissioner Swinson:** Madam chair commissioner Swinson we're ready to entertain a motion I move to recommend approval of the Sundance Lakeville comprehensive plan Amendment and zoning map Amendment and approval of the findings of fact dated October 19th 2023
[1:00:01] **Commissioner:** second
[1:00:01] **Secretary Mora:** um secretary Morrow would you take the role please Lily Hy hi Zimmer hi a hi Tinsley hi swansson hi Kusa hi
[1:00:48] **Madam Vice Chair:** thank you very much um director Mory when would this come before city council
[1:00:48] **Director Mory:** also at their November 6th meeting um let's see we've already addressed our staff notices and um please note that since we didn't lay any items items over uh the November 2nd Planning Commission meeting will uh be cancelled
[1:00:48] **Madam Vice Chair:** and I would make a motion then to adjourn [Music]