I order the 24 Planning Commission meeting please join me in the flag fudge Miss Morrow will you please call a role of members kza here Hensley here marovic here Zimmer here aink here Swanson here all right agenda item number three um approval of the May 9th 2024 Planning Commission meeting minutes and the May 9th 2024 Planning Commission work session minutes fellow Commissioners any changes will stand um Miss Jensen are there any announcements tonight uh good evening Commissioners uh before you we do have a handouts from the June 5th 2024 parks recreation and natural resources committee uh their meeting motions regarding the Kenyan green preliminary plat and then our only announcement is that the first Planning Commission meeting in July will be canceled due to the Independence Day holiday all right thank you and agenda item number five this is a public hearing for Kenyan green rezoning and preliminary plat and this is a public hearing so anyone wishing to speak can please sign um up in the back and it looks like we have Michael Waldo that will present a brief overview of the project with Ron clar construction um we will be the developer and the Builder and the owner of the project um Mike Sten with toui Architects is here too as architect um in case we have any questions for him um what we're proposing is a 49 unit apartment and 15 Town Homes um the site on Kenyan Avenue um as you know has been there for a long period of time um the original piece of property actually connected across 30 5 and I believe part of where Target and some of the things are was part of their original Farm actually one of the owners is here tonight so that project has been here for a long time I think Frank Frank's going to help me with the it side no problem so I think um one of the keys I think for the conversation t i we've been working back and forth with staff for about six months uh trying to get to a point where we feel both staff and us feel really good about the project we think it's a a great use for the site with the O zoning it does allow for the officer residential as we know right now unfortunately office is uh we could be many years before we see an office building actually rebe built again for for most uses um so I think the residential does fit very well in it it's very similar if any of you know of Lakeville point over kind of behind Culver's that's a very similar that's a 49 unit apartment that we built about 6 years ago um and I don't know if anyone's still on the Planning Commission with a couple people look familiar so um that is very similar in this case uh as you can see it's a little bit bigger parcel and so one of the things we're looking at as part of that is trying to balance out a little bit of mixed density in going with the apartment and the town homes which we fit f with fits well together um we're currently planning for those to be rental um but again we still plat them as vual Lots so depending upon the market is by the time a year from now or two years from now comes when we get those finished we'll make that decision at that time so but they're all individual PS they're all set up to be for sale if they want to be so it's always best long term to give a project the most flexibility than having it be locked into something um I think one of the big keys if we look at the site is just the constraints uh we've got the Kenyon Avenue to the north which is I think a minor collector we've got the freeway to the East and then 1805 to the South and a wetland down in the corner cor so over time you can see that this between the city and the state and others we've lost 20% of the site probably to rideways and then we've got very extensive 50 foot buffers on almost every direction because of the the roads that are there and so most of what our asks are for is to kind of bring those a little bit back more in line to what it would be if it wasn't maybe adjacent to something would be considered a higher use road we along Canyon we're adding a fence and some additional Puffer plantings to make up for that slight loss of buffer of the actual setback um the same thing if you look at this corner here I don't know if you can actually see my mouse or not I'm getting there so so very right this this little tiny corner of the building here is less than the 50ft setback um that's required from the freeway side but if you look we're almost 400t from the drive lane and over 200 feet away from the actual exit ramp so even though we're taking 10 feet out of that just for a very short period it's really still double the Lance away then if you go any further north in here your setback is normally 150 ft from the drive lane so we think we're kind of asking for something that's really more substance over form and trying to get to that point so it it does and again with the trees and the pond and everything else we are farther from the freeway than most developments would be along here um and then to the 185th side we're about anywhere from uh 7 to 10 I think feet less and if you kind of drive down there you can see that we've got a substantial amount of trees kind of right at the back of that sidewalk that's there most of those we can we can maintain with this along with We'll add some additional buffering any place that they do have to remove because I think we have to sub in a couple utilities there so there will be a few areas where we will have to take trees um one of the other pieces along that back and the reason that we're asking for the height variance is because of the wet it isn't this part of the wetlands on the on the property Wetlands on the properties are down here and our building is up here six feet higher but the there's Wetlands across 185th that have actually caused there to be some perched water in these areas so in in our final work with engineering we've gone out and set Peters to confirm what the actual groundwater maximum is and so that ended up getting up to about a 1.5 that was about where we planed to put our basement of our um building and with staff and the ordinance we need to be 3 feet above that so we're going to end up having to raise that up but we don't want to have to fill more in the backyard to kind of lose some of that buffer treeze which is why we're asking for that three-foot variance on the height restriction from that side so kind of that's the the contemplation of how we're getting from there to there um I think one of the other thing too and I think as far as the Planning Commission you're probably starting to see a few more these and fortunately I see a lot of them Lakeville has been so used to being a green FEI field developer me that everything is okay we got 50 acres let's go in here let's we got zoning let's get it done now we're getting residual pieces that are kind of left over from other things and now we're kind of saying okay maybe that exact zoning doesn't quite fit even though we're very close and that's where when we started to work through it with staff they're like when don't we look at doing a PUD I know I know they don't do a lot of puds in Lakeville but in this case she felt that it helped deal with the constraints of the site but also gives the city the most controlled one of the advantages to PUD is normally the city gets more controlled because every single thing is at your discretion you can say you know that's okay or there's a justifiable reason for it or you say nope I don't like it and it's under the Pud you have complete controlled and you have controlled in the future because once that's set that is the code the Zoning for this site they can't come back later and change it without getting a PUD Amendment so there are I always say that the developer usually is the one that takes it a little more in the shorts when you do a eud because you kind of get asked for more along the way and here you know we're doing a combination of things to kind of offset that but we think that the flexibility is really d by that Inland infill piece of property which is something unique in a lot of areas of Lakeville right now you'll you'll see a lot more of these I think over the next few years um the constraints we talked about a little bit so I think just talking through some of the reasons of how everything got built one of the big things when you're dealing with uh connection roads top Canen even though it feels like you're driving through the woods it actually has got enough traffic on it that when we're looking at sight lines we really the only place sorry what did I do there we go oops now just let it go and not okay excuse me is that this is really the only good place for the access road um currently the driveway is farther over here to the left most but it's over here um and so in working with Engineers we want to have the maximum distance we can see each Direction so that that area there fits the spot so it kind of divides the two sections with that access point um kind talked about the setback things and the differences we're doing along 185th in the town homes again because of that constraint of kind of making that work we've got fences and buffer plantings to kind of make up for that little bit of setback that we've lost uh we think that's going to give us give the residents at least as much privacy and livability is what you would have with the extra buffer and so it's very similar to what we've done on other projects um talked about the Highway 35 talked about that Watershed we did go through at a time and got uh we had got a delineation done I think actually delineation was done about 3 years ago went back and did a re redelineation this spring went through with the Watershed got full Watershed approval for a small amount of uh um Wetland finger it was like an old drainage ditch that kind of came up into the property and so that actually we're we're filling that and and taking Wetland bank for about 6,000 square feet I think it's very small little sliver but we've got that's been approved by the Watershed and uh the city um about that so the other thing and I know that part of this always comes is you know with some of the variances we're asking for and some of the compaction of the site part of it is again with an O zoning this would normally be allowed for about 70 to 75 units on this site based on that what the normal o zoning would allow here we're we're doing 64 um and we're also but to but we can't afford to just do like an apartment or just do Town Homes because with the value of a site being office residential it's not like you can just go buy a vacant lot somewhere that doesn't have kind of that zoning classification so in order to make the apartment work we've added in the 15 Town Homes which we think is a good thing for the city to have the mixed density it wakes the project work which otherwise financially doesn't work especially with some of the cost of the of the wetlands and the extra roads because of the drainage the stuff that we're doing so I know it's always a gray area but it's that is kind of what needs to be happen in order to make this project work um I think I've kind of hit everything else I I know that uh Frank will go into more detail on this and of course I'll be available for questions either now or at any point that you feel so thank you thank you good evening plan Commissioners good evening [Music] make room for here trying to get this back on the large screen I can't see exactly where the to do that maybe Cory you have it there we go thank you man behind the curtain always comes my rescue um so uh Ron Clark Construction uh is proposing uh this development it's a a mixed use of uh of the property and let me just back up again to the beginning it's a mixed use of uh high density and medium density meaning town homes and uh and apartments so the request then this evening is for uh the uh rezoning uh from o to plan unit development there's also a preliminary plat that is proposed for these Lots uh that consists of 17 residential lots which one includes the apartment building and then the Pud stage plan for the town homes and apartments was essentially the site plan uh the property is about 6 and2 acres and it's located here at the northwest corner of Interstate 35 and County Road 46 uh both uh minor arterials M and principal arterial roadways uh little background on this uh vicinity of of of Lakeville a Kenyon Avenue used to come down uh come straight down into what is now uh the off ramp for the freeway and ran down like parall to the freeway here and uh I think it was in 2011 or maybe before that 2005 I forget what the date is but um uh mot expanded uh the offramp in for I35 into this area and um that closed off Kenyon Avenue Kenyon Avenue that came down into this property as such it created this there's a wetland of the north so it created kind of a pinch on this on the property here uh point to avoid the Wetland and then made the intersection here further west at 185th Street and so that resulted in the shape of this parcel there's a wetland complex that's right in this location here that was mentioned uh the property is zoned r o office residential transition District which allows uh offices very limited retail or it also allows uh High density Apartments um as a as a use in the O District uh the property has been on the market for many years um I can't speak for the others in the department but I frequently get phone calls on this property and then the last five or six years it's always been a question of high density some developers were requesting much higher density than what was allowed uh since the city updated its last comprehensive plan and allowed pockets of high higher density near uh uh uh um high density Road corridors uh within Transit districts Etc and that never applied to this property um this proposal came in uh from Ron Clark Construction it also introduced kind of a mix of uh Town Homes as well within that area um this is the preliminary plat uh this is the L one lot that the apartment building would be located on uh these are the town home lots um the Kenyon Avenue rideway again it comes to this point here uh this the Wetland uh there's a a piece a lobe of the Wetland that comes right right up into this vicinity here and that is the one that's going to be impacted but uh purchase with Wetland credits and this will remain untouched and deed to the city as an separate outlaw uh this is the site plan you become familiar with it shows various setback lines for the development of what the uh 30 foot setback is what the 50ft setback requirement is it shows uh the Wetland buffer area and what the setback would be to to that um it also shows the location of the apartment building adjacent to uh 180 fth Street and the 50ft setback requirement at also Alo shows uh the the um the 30 foot so this would be the area that would be impacted by the request for the deviation from the 50ft buffer yard setback and then also in this corner uh of the apartment building here as was mentioned the apartment building provides 123 parking spaces a combination of underground and above ground uh that's one more parking space than what is required the uh Town Homes provide the required parking spaces plus one half space per dwelling unit as guest parking uh this is uh the overall site plan for the site it's the same one to a little bit more detail but it's the same as the colored uh this one is an exhibit I put together uh it's intended to show again highlight where the impact areas are for deviation to uh request for the setback requirement in this area it's 50 ft because Kenyon Avenue is a major collector roadway so residential rear yards are required to be 50ft setback there are instances in the city where we've granted variances or exceptions um two setback requirements uh some of the things that we look at are uh the type of roadway it is uh the anticipated traffic uh noise mitigation landscape screening that would be in place um the other request is for a 25 foot setback requirement from the front of the garage to the private Drive uh that is a requirement of 30 ft in that zoning district for Town Homes um I should I can remind the Planning Commission or explain a bit about the the parking we typically had a 30-foot setback to to provide extra space and maybe another vehicle in the be tandem behind a parked vehicle in the driveway but um a standard parking stall is 20 ft and the 25t setback still provides 2 feet from the garage and 3 feet from the curb and there is no sidewalk along the the the private road here so staff's opinion is the 5 foot deviation is acceptable for that um after getting a bit more information uh from the architect on this project we know there was there were some areas that were marked for setbacks of less than uh 15 ft to uh to the private drive into the guest parking area the measurements that were provided were actually from the stairway of the building not really the living unit so the guest parking does meet those minimum setback requirements that's no longer under consideration uh the guest parking in this area here um does not meet the 30 foot perimeter setback for the development however it's a wetland complex behind it the Wetland buffer is not impa Ed will be landscape screening along these areas to the West again is the Wetland and then further west as the uh office complex uh the plan unit developments uh just to remind the Planning Commission how these are administered in the purpose uh they're established to perent to uh uh to allow uh creative development uh designed as long as the land use complies with a comprehensive plan which which this does um allows mix uses which this is proposing uh provides variations from strict applications uh to improve site design again the proposal here is to I'll get into this is to achieve some of the attainable housing goals in the city's comprehensive plan and and other documents um preserving enhancing natural uh features and Open Spaces that's being done with the acquisition of the Wetland Wetland buffer areas um and improve or uh assure uh ensure appropriate transitions between different land uses I should point out that directly to the north is a large Wetland complex and also an apartment building um to the north um so there are no immediate adjacent residential uses other than that uh this is the landscape plan the the dark area here which you know could have been in green obviously but the dark area repons all the green space on the property um uh you can see there's areas here that staff is recommending be increased uh landscape screening also along the buffer yard it does require a staggered row of Evergreens Andor combination of uh of landscaping and a fence I think that's appropriate in this area especially under consideration for a reduced setback to that area uh this is an example of the building it's the East Elevation um to the lower level here this is what would face the interstate with this corner of the building being impacted by the setback uh deviation uh this would be the South elevation facing 180 fth Street uh the north and west elevations as was mentioned this is a 42t tall building uh in order order to achieve uh the grades needed to allow for the proper drainage of the site uh the developers requesting an increase of grade elevation to additional 3 ft which would result in a building height of 45 ft uh I should point out that this is a rather flat site even from interstate from 180 fish Street the it's not an elevated site so it's uh staff's position is that the 3 feet in deviation is not going to be rly noticeable for a building of the size between 42 and 45 ft uh as far as the affordable housing is concerned uh Invision Lakeville the last update 2023 I think the first was 2011 2013 that we did the first Invision Lakeville one of the goals is providing a home for all ages and stages of Life Planning Commission may be familiar with this term as we use it on our planning reports um for and presenting to the city council about how certain goals are being met with certain developments uh and one of the challenges in that uh identified the community involvement with vision with Invision Lakeville was uh Workforce housing availability which this development is attempting to provide um and one of the greatest challenges in the next 10 years was also affordable housing that was identified and a strategic priority here uh is providing affordable uh Workforce housing uh uh and provide some incentives in this case the city is not involved financially uh so the incentive would be deviations from strict interpretation of the code uh the comprehensive plan also has a goal uh housing plan imple implementation uh propose uh promote opportunities to develop dwelling units uh between 2021 and 2030 that are accessible to households earning at or below 30 uh% average median income Ami um and uh 51 to 80% Ami in accordance with the regional affordable housing allocations and that refers to Metropolitan council's goals um there was a recent uh uh comprehensive housing needs assessment that was uh completed this in 2023 describes uh Lakeville uh at that time the overall vacancy rate is rather low uh 3.3% there have been apartment units constructed since that time but at the time of the study there demand existed for about 400 uh affordable units and 160 subsidized rly units um also goals for more affordable housing um up through 20 2030 um the Community Development agency which we're familiar with as a Dakota County CDA uh they have a long history in the city of Lakeville uh with developing Workforce housing throughout the city and uh they are not directly involved in the development of this project but I believe that they work as a conduit for the the tax incentives um that developers working with and if you have questions about that he can explain that to you but that's the limit of the Dakota County Community Development agency involvement um also finally the economic development commission goals include the development of affordable Workforce housing to support lakels growing economic Market by targeting the affordable housing needs identified in a recent housing market study I put this uh plan in because want the Planning Commission to know and you won't see this likely as it'll be done with the final plat but this little knob of RightWay is going to be vacated to trim this uh off um it is a part of where the parking lot and driveway come in and it's unnecessary right away it's not a critical thing but I want you to know that we'll be coming back um the developer did provide us with some other examples of similar buildings um that the Planning Commission may be interested in this is in Rosemont off County Road 46 this do does provide a minimum 30 foot setback in this area adjacent to County Road 46 uh this one's a n Grove Heights uh similar Housing Development uh the one on the bottom is Lakeville off of Kenwood Trail and uh to the north is in Savage um also in Prior Lake is one under construction um and then also in Carver so there are other communities within the metropolitan area and our neighbors basically that are uh providing um the the housing needs are are identified in the comprehensive plans uh we are recommending a stipulation uh to be included for the Planning Commission to consider is that in the event and Mr Mr Waldo brought this up but in the event of the town home properties uh being sold as private properties uh the homeowners ass Association needs to be created and covant declarations and that's required by State Statute so it's just something as a reminded that'll be documented in the development contract and also the PE agreement and I will stand for any questions I will leave the site plan up here for a reference thank you and this is a public hearing so anyone wishing to speak on this agenda item can please come forward hi um my name is uh Janet leens I live at 18560 Norwood Circle um I want to say thank you for making me aware of this proposed develop El and um for inviting me to this meeting um I'm I'm not usually a public speaker so excuse me if you know uh if I'm not very good at this um I am really interested in just an getting copies of um the proposed development so I can understand it better because I you know I'm not a site planner type person and I just want to make sure that I understand what's going on um I would say that the only concern that I really have um as a resident who's who lives just south of the proposed development is um the potential height of the apartment building and if it would have any impact on my Sidelines I do live on a property that's about 10 and a half acres so my house is set back um so there may not and and um my property does um go up before it goes back down to 185th Street so maybe there won't be an impact to me maybe there will be but I would just like to understand and you know not be surprised after the development is done thank you thank you I could just for reference show show the uh aerial photo in here where she was speaking I think it would be this far back sorry I'm not sure why it's not going up I make it worse when I try and help um I believe that no no no no Wood Circle is down in this vicinity here south of 180 F Street that's right and my house is right I mean I basically live right here so adjacent to the pond so like right there thank you anyone else wishing to speak on this agenda item i' make a motion to close the public hearing second I have a motion and a second all those in favor of closing the public hearing please signify by saying I I I all opposed all right the public hearing is now closed um okay so for the first question the copies of the the information is accessible online right okay so yeah all of that information is accessible on the website so staff would be able to help you find that if you're not able to find that and then the second question about the height of the building I didn't quite catch the um you were concerned about the height of the building blocking right is that I just want to know if I'm going to be able to see the building from my house got it okay if there's you know if my sight line is impacted y from my driveway basically okay yeah thank you um would we know that information based on like the grading of uh yes Madam chair I can help with that information if she would like to call me and we can talk about that we have we have tography information through all the properties and the county and can see exactly what the change in elevation would be from here to the building yeah okay great thank you all right fellow Commissioners any comments questions I I have a couple questions and I'm not sure if the transportation person is here or available but as far as the 35 uh alignment and changes or anything we're going to need to do in the future because we're kissing right up to the edge with this so I I just don't know if we're thinking ahead if that's going to be a problem and I'm not sure if that's for um Frank or whatever Mike I didn't get your last name so and I can try um uh commissioner Zimmer we we did send the plans uh to mind and we were well aware that sometime in the future there'll be a third lane added to uh uh to i3 we really did not receive any responses back in terms of the plan and the impact of any future plans with Interstate 35 however I do remember and um and we can verify this if needed but that this offramp here was placed in anticipation of widening the interstate to allow that third lane construction without impacting additional property okay thank you Mark I do but I can let somebody else go than you um uh and I'm should I be asking the questions of the developer or or you oh well we'll see I'll I'll direct you to who's best there's so many variances requested and I'm concerned about that we're doing a height variance um the setback variance um in a couple places and you did clarify the one on the parking setback um and I'm I'm just I think Lakeville has always done some very high quality developments and I think people have a certain expectation of that when they move to Lakeville so I just want to understand what we're doing here and making sure that we are producing something that's of good quality and if the folks in the town homes are right up along um The Avenue Avenue and it's supposed to be 50 ft we're going to 30t I I I think I find that very concerning yeah I I can I think I can answer those and then why the units are designed the way they are uh I would have Mr Waldo respond to that but uh they were presented to us as the number of units needed to make this project feasible uh this what city staff did was to come to uh uh after some study and deliberation on what the site plan is proposed is to what is considered reasonable that's what the purpose of the puds are or if we're looking even at a variance which we're not technically we don't have the same criteria but if we're looking from some deviation what's the impact of that is it significant is it insignificant we took the position that given the height of the building the great of the property uh um the 3ot difference in the in the total height of the building that it was not a significant change between 42 ft and 45 ft um the setbacks for the town homes adjacent to um to Kenyon Avenue uh there are residential lots that require the buffer because Kenyan Aven Avenue is a major collector the longterm of Kenyan Avenue is it's a very minor major collector it's a major collector because it potentially is going to connect 172nd County Road 5 35 intersection with uh with uh 180 fish Tre as it does now the density in that that area that travels that roadway is quite low so that we'll never have a lot of traffic so it's much like a residential backyard if we can increase the density of uh Landscaping that area that would protect the the visual there's not going to be a lot of traffic in terms of noise like you would see on 180 fish street from the rear yards of these town homes so again it's a question of of uh acceptability and that's really a judgment call at the city and everyone involved needs to make um and the same goes for uh County Road uh 61 85th Street in the apartment building when you look at this the the significance or not of that setback requirement most cities do not require 50 ft most require only 30 uh we required it because we tried to provide as much buff in and usable space as possible and in residential uh single family home and twin home privately owned properties you have that larger backyard area that you try to achieve um in this case the play area is to the north there's other green space available um so again it's a judgment call is it a significant impact to the community to deviate the small amount but as far as the design goes I would have the developer explained why they're making this request thank you Mr Dempsey chair commissioner um again Mike Waldo with Ron Clark kind sorry I sometimes speak faster than I should so I apologize for that so I think one of the things if if anything and I think if you look at Lakeville point and if you look around the communities around here that we've built in one of the things that you will see is a quality neighborhood we're not going to go in and build something just to throw up and have it be okay and I think think if you can look Ron's 407 year history and my close to 40e history in the building business that is really our Focus I think with what we've looked at here we've looked at where we've done other residential neighborhoods and we've made sure that the 30 ft with a fence we've got one I'm doing right now up on Rison Road in U Blaine which is actually at the 30 feet we're doing the fence we're doing some additional trees that road is 10 times busier than what Canyon will ever be um and I think that's one of the things we looked at is what's that and I think as as staff has talked about the reasonableness of making sure that we're not taking it farther than we should and trying to customize it to make each unit how do we how does that affect each unit is there going to be a situation there where someone's not going to be happy in that home and I feel very confident with the eight town homes that back up that way between the fence and having a nice backyard and having additional trees it is very livable and I think that's our Focus always is livability whether it's a for sale or rental or anything and I I think if you historically look at any of the affordable projects we've done we I laugh at the only thing different on our affordable than our market rate is one gets a granite top and one gets a foric top in the kitchen they they have the same high quality finishes the exterior building honestly at uh Lakefield point is probably um almost of a higher quality than the one I just finished at minat tanka that was a market rate um so we kind of focus on what does it take to create a neighborhood where we don't have to cut corners on any the other costs in this case we're asking for some flexibility within the Pud to make sure that we are delivering a high quality portable apartment we're doing a high quality um Town Homes that'll be in that 22 to 2300 square foot range we've got a combination of threes and four bedrooms um they're very very livable they're not 1950 or 2,000 F feet which a lot of the three Tory Town Homes are done it's a little bit of extra footage to make sure that they've got the space inside the home along with their beards that make it most liveable so that's something I feel extremely comfortable with and as we invest our money and try to make this build and have people live here um we feel extremely comfortable with that thank you um Mr raldo I really value all of the details that you've given into this this site looks complicated and and very much like a puzzle with all of the setbacks and how you need to fit it in there and just your explanations have been really helpful so I appreciate it thank you I I have good help too so thank you available for anybody else questions I've got one for you actually um regarding safety so it looks like we're losing 20 feet of a setback from pretty busy roads um you mentioned the fence how high is it going to be and is it going to go all the way around the property or just partway currently we're only planning for that at the Kenyon road that it's going be a six foot high continuous fence along Canyon Avenue um we haven't planned for one along 185th I think that's one once we see between utilities and everything else what level of maybe tree removal does have to happen if we've got I think a couple stubs coming in that way then we may end up wanting to add fence there to make that buffer work if we're not able to achieve enough of the tree cover because again if we end up running a pipe through we could have a 10- foot or 15 foot easement coming through where we can't put anything and we would just have to get an exception from staff usually you can put fences across these so we can't plant trees So currently along there we'd like to see it be more of a natural buffer but if we're sitting if we find out that either um with our revised plan that we're putting together for staff with the additional plantings if they come back and say you know what we still think you need a fence in addition to that we would be open to doing that so thank you we also do think sorry we would probably still try to put a gate because that will connect to a Trail and we do expect a lot of our residents that will use that trail to get across to downtown and walk walkability and bikeability so we wouldn't want to we don't want to close it off they want to do something there that allows them flexibility whether it's an actual gate or just an opening in a couple spots so question for you on the town houses that back up to Kenyon and we have the setback that we're shortening and with with that and that this may even be a Frank question on those will those have decks on the back and if they do have decks on the back is that included in that setb or is that an additional amount the the currently there will be decks on the back and it's usually at about 5 feet tall because you you bury some of that first floor down in so it'll be about 5T off the ground and those would be I those are inside of the setback so you can see here that the the building is about two feet in from that line um that the decks in those little areas that are showing green the deck comes out and it projects about a foot to two past the uh the building so that includes the deck at the 30 foot great thank you mam chair so start off with just a statement and the statement is I work for mot um some people might question where some of my allegiance lies or who I'm representing while I'm here in the Planning Commission for this item so to make it Crystal Clear um in my role at mot I review and approve drainage permits and the mot right away as part of the Water Resources Group um I have seen this project come through our planning process Frank referred to the fact it's already been sent to mot at one point and comments were made um that type of thing and I was involved in that review process um but to that end because of uh the fact I've had a chance to review the site look at it um there is no conflict for me because no drainage permit will be required from mindat on this project because you're not entering the mot right away that just want to make that crystal clear for anyone who might be watching and my employer as well but also to back up Frank um again this information was sent to mindat it was reviewed by all the functional groups with mindat Metro um didn't express any concerns about a third lane coming in the future and that includes the design groups at been. who had a chance to review and comment on that so I figured I just offer that information for reference um I had asked some questions of Frank and um crew um regarding driveways and change to the driveway length and all that and I actually did find a spot in Lakeville where we have approved that before um and and had a chance to go visit that it's actually Avon Lee in the fourth edition I found a spot where it has the 25- foot driveways and a narrower Street or private Drive in between things so i' I've had a chance to kind of review how that looks and how that feels and I have very few concerns with that I wasn't sure at first when I heard the 30-foot setback going back to 25 I was kind of questioning that but based on what I've seen I don't have any concerns now that I've had a chance to see what that looks like um do you have your civil engineer here by chance I do not you do not you have anyone who might be able to talk about storm water on the site in the private pumping I know enough to be dangerous so ask ask away and I'll give you what I know so um I noticed on here there was a u private lift station um intended to feed the underground storage I think if that's correct I think everything going to the underground storage is gravity and I may be misinformed on what I saw with the lift station I thought we were graving out into the anything with pump we've got a filter system the last piece before it goes into the Wetland we've got a secondary filter system because but um lakefields requirements is that you can't bounce more than two feet within a 10e and so we're at like two foot4 so just to make sure we're not getting any we added a filter system at the very end as the very last piece going in um and then again in front of the storage there we do have the underground storage in that situation I'm 98% sure it's gravity feeding into it but but for reference for the rest of the Planning Commission kind of education purposes um recognize they've got a storm water pond on the site but they also have underground storage that they're utilizing for storm water which is something you typically don't put into use unless a site has a lot of constraints and is driving a lot of different decisions because there's an economic consequence to installing that it's a lot more expensive to to put that in I'm and I'm assuming you'd agree with me and elevation wise is probably the biggest thing that just the elevations didn't work for us to try to create more surface ponding in this case especially when we raised the building that it very comfortably worked in that front area under the parking Zone and it is yes it's more expensive but when you look at the overall scope of things does it it does it balance with some of the other pieces to the project thank you um May I continue I'm just gonna say you know I've I've had a chance to kind of review and and I had some similar thoughts as other Commissioners um gez there's a a lot of asks here in terms of flexibility um and what they're looking for and changes and modifications to what the standards are um but that that literally is part of why we have the Pud process is to to allow some of those flexibilities particularly for sites that have some difficulties um this site in my view as I look at it does suffer from a lot of different things and not all of the developers doing by any stretch of the imagination obviously we've got I35 to the east that's a a major constraint it's not going anywhere like others have said if anything it's going to get larger um in in the future so that kind of pins things down on one side and when we made those changes that kind of drove where Kenyon Avenue had to go um but then there's a large Wetland complex to the north so Kenyon kind of had to go where it went which then put pinch between Kenyon and 185th which I go back in history and I even remember I think 185th used to be known as mre's Road um so kind of going back in in time and history lot a lot of things and the placement of things that they're driven by other constraints and factors so the site is just really tight with a lot of different roadway pinching it in a lot of different directions so I understand the need for flexibility here with setbacks and some of the other things so I think you've done a really good job trying to find a balance here um and when I looked at like the setback of the apartment building to 185th and understanding why we typically ask for the 50 Foot setback I'm really comfortable with what we're asking for there or what what you've asked for um similarly with the Kenyon Avenue and the amount of traffic that that carries I'm I'm less leery of that potential change as well so all in all I'm going to be voting in support of this proposal um again I I did think long and heart about each of these asks and requests and and Frank in particular was helpful in answering some questions um that I had in relation to this as I was thinking about it so it's my two cents worth thank you maybe more than two cents today um I just want to say I I really do do appreciate the work that the developers done in the community and um uh as was mentioned you know some of the the projects that have been completed are of of high quality and uh I really do appreciate that and I do appreciate the work that um staff has done in putting this together and uh trying to be creative for this site um uh I also support uh you know the the intended uh use you know I think it's appropriate um with this site being n o um it it fits with the current zoning um uh unfortunately I'm I'm uncomfortable with uh uh the number of of deviations or um I know they're not variances because it's a PUD but uh and so I will uh be unable to um support the the rezoning tonight but I just want to thank um the applicant and and City staff for all the work that they have put into the project any additional comments ready for a motion mam chair one comment before we make the motion um there was a suggested stip ulation if I recall that was to be added are the planning Commissioners comfortable with the stipulation that was suggested yes yes okay I think we all saw it we're saw the language we're all good with it but I just wanted to make sure before I made the motion so here we go I move to recommend approval of the Kenyon green preliminary plat zoning map Amendment and PUD development stage plan subject to the eight stipulations listed in the May 30th 2024 planning report as amended second I have a motion in a second Miss marrow will you please take a roll call vote CLA no hinley I morovic I Zimmer no m i wanson i all right and Miss Jensen when will this go in front of city council uh this would be the June 17th and just a note Commissioners for those of you that voted no we do need for the record the reason why uh I am uncomfortable with the number of changes um in the P okay and commissioner Zimmer uh yeah I had said I had some major concerns about the number of uh deviations not variances thank you Mr DC and uh I'm just concerned its precedent setting for the next attempt um for a PUD so I I understand and appreciate the input from Mr Waldo um about how it's a difficult site and you're trying to make it work I I uh I don't want to make anybody go back to the drawing board and redo it but maybe it has to be less uh units or something in order to make me more comfortable with it thank you Commission all right well best of luck with this goost to city council and with that our meeting is a j [Music]