HomeMy WebLinkAboutMinutes 5-25-21Planning Commission
Minutes
Special Meeting
May 25, 2021
1. Call to Order
Chair Rotty called the meeting to order at 7:00 p.m.
Members Present: Rotty, Franceschelli, Lehto, Windschitl
Members Absent: Tesky
Also Present: Tony Wippler, Planning Manager
2. Public Hearings – Chair Rotty opened the public hearings
a. Preliminary Plat and PUD and Comprehensive Plan Amendment and Rezoning –
Vita Attiva Development
The property is owned by the Donald Peterson Family Limited partnership and is located
south of County Road 50 and to the southwest of the Vermillion River Crossings
development. The developer proposes 141 single-family lots and six lots for 3-unit
multi-family structures on 80.16 acres. The development is proposed as a 55+ active
adult community and will include amenities as fitness center, kitchenette, billiards, speak
easy, game room, convertible meeting space, outdoor pool, tennis and pickleball courts
and sauna. The amenities will be within Outlot E located towards the eastern side of the
development. There are five outlots within the preliminary plat consisting of open space,
stormwater facilities and future development areas.
Lots 71-76, Block 2 encroach into the flood plain of South Creek along the south side of
these lots. Base flood elevations have not been determined for this portion of the creek
and this would need to be completed in order to final plat these lots. If not completed
prior to final platting, these lots will have to be outlotted until the additional work and
study is completed. Depending on the results of the modeling, these lots may be deemed
unbuildable and should be dedicated as parkland.
The developer is proposing four phases. Included in the initial phase is the extension of
Eaton Avenue south from CSAH 50 along with a mix of detached single-family lots and
attached multi-family lots. Phase 1 would also include the storm water facilities and a
portion of the amenities. Phase 2 would include the remainder of the amenities and
multi-family lots as well as some additional single-family lots. Phase 3 will include
additional single-family lots as well as the extension of Pilot Knob Road and the portion
of Spruce Street from Pilot Knob Road to Eclipse Street. The remaining portion of
Spruce Street from Eclipse Street to Eaton Avenue, would be constructed when the parcel
to the north owned by the Peterson family is developed. Phase 4 would consist of the
remainder of the detached single-family lots.
Outlots B and C will be retained by the Donald Peterson Family Limited Partnership and
the extension of both Pilot Knob and Eaton Avenue south of this development and
crossing the South Creek would happen upon the future development of these outlots and
adjoining property to the south.
All roads will be public roads. The extension of both Eaton Avenue and Pilot Knob Road
are included in this development. The preliminary plat shows the necessary right-of-
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May 25, 2021
Page 2
way/easement for the road network with and surrounding this development. Signal
lighting will be required at the Pilot Knob and CSAH 50 intersection as a result of this
development. Staff will be requiring that agreements and security will have to be
established and posted for these improvements with future final plats. The developer has
been working with the Devney family to acquire the needed property for the portion of
the Pilot Knob extension that would fall on their property. The developer is proposing to
acquire the necessary land from the Devney’s in fee title with the proposed third phase of
this development and to dedicate it as right-of-way with that phase. Approval of this
preliminary plat will be contingent upon the developer obtaining roadway easement on
both the Devney and Peterson property for the Pilot Knob extension. The easement can
then terminate upon the final platting of right-of-way with the future addition.
Five-foot wide sidewalks are shown along the perimeter of Blocks 3 and 4. An 8-foot
wide bituminous trail is shown on the west side of Easton Avenue extension.
Regarding the comprehensive plan amendment and rezoning, there are five different
zoning districts within the property to be platted including, business/commercial flex,
mixed use, R-5 (high density residential), R-3 (medium density residential) and park and
open space. The property is also guided for multiple uses within the 2040 comprehensive
plan such as mixed use (commercial/residential), high density residential, medium
density residential and park/open space. As part of the preliminary plat submittal, the
developer has requested a comprehensive plan amendment and rezoning to better align
the proposed uses with zoning and land use guidance. The rezoning will change the
zoning of the property to R-3 (medium density residential), R-2 (low/medium density
residential) and park/open space. The R-3 area would consist of the northeast portion of
the development where the multi-family component is located. The remaining single-
family lots would be rezoned to R-2. The park/open space would consist of the wetland
and floodplain area south of the lots to be platted. The comprehensive plan amendment
would re-guide the property to low medium density residential and medium density
residential.
The deviations that are proposed with this planned unit development are as follows:
- Reduce the front yard setback for interior lots within the R-3 zone from 25 feet to 10
feet.
- Reduce the minimum lot size within the R-2 zone from 6,000 sq. ft. to 4,956 sq. ft.
- Reduce the side yard setback within the R-2 zone from 6 feet to 5 feet.
- Increase the side yard setback on corner lot (second front yard) within the R-2 zone
from 20 feet to 25 feet.
1. Approval of the preliminary plat and PUD are contingent upon the following:
A. A roadway easement shall be obtained from JMA Devney Family LLP and Donald
Peterson Family Ltd Partnership for future Pilot Knob Road with the 1st Addition
Final Plat.
B. Financial security for the project development costs associated with the Pilot Knob
traffic signal must be provided with the 2nd Addition final plat shown on the phase
map provided with this preliminary plat. These costs could include, but are not
limited to, engineering professional services, legal fees, staff time and any other
outside costs associated with the design phase of the intersection improvements.
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May 25, 2021
Page 3
C. The approval of the third addition as shown on the phase map provided with this
preliminary plat will be contingent on the intersection improvements, including signal
light, at Pilot Knob and County Road 50. The developer will be responsible for all
costs associated with the improvements necessary to facilitate the development.
D. The Donald Peterson Family Ltd Partnership and/or future developer will be
responsible for the extension of Pilot Knob and Eaton Avenue south of the terminus
shown on the preliminary plat to the southern edge of Outlot B. The Donald Peterson
Family Ltd Partnership and/or future developer will be responsible for the
construction of Spruce Street east of Eaton Avenue to the property boundary and west
from Eaton Avenue to Eclipse Street.
E. The Donald Peterson Family Ltd Partnership will be able to continue agricultural
operations on land dedicated as right-of-way as part of this plat, but only those
portions of right-of-way that will not have improvements constructed within.
F. The Development Agreement for the first addition final plat must be recorded against
the parcel with PID#14-03600-33-010 and Outlots B and C, both owned by the
Donald Peterson Family Ltd Partnership.
G. Lots 71-76 of Block 2 encroach into the flood plain of South Creek. Modeling and
base flood elevations must be provided for the flood plain through this development.
The modeling and base flood elevations will inform further comment on the
buildability of these lots and accommodation of the Dakota County Regional
Greenway Trail. If the flood plain comment is not addressed before time of final
platting, the impacted lots must be platted as an outlot in the final plat.
2. A Comprehensive Plan Amendment changing the land use guidance from mixed use
(commercial/residential), high density residential, medium density residential and
park/open space to low/medium density residential, medium density residential and
park/open space.
3. A rezoning from business/commercial flex, mixed use, R-5 (high density residential),
R-3 (medium density residential) and park/open space to R-2 (low/medium density
residential), R-3 (medium density residential) and park/open space.
Mr. John Anderson, representing Paul Whiteman, reviewed the project. It will be a 55+
community, so units are designed for that age. There are also common amenities and will be
managed by the association. Once approvals are received, they plan to close on the property
and start grading this year. A final plat will be brought forward at the same time. They hope
to have the streets in this fall and start home construction this winter. They are currently
working on the flood plain elevations. If the lots are unbuildable they would like to keep the
property with the association and have a community garden rather than a park. An
agreement is in place with the Devney’s for the Pilot Knob right-of-way easement. Pilot
Knob would be constructed in the third phase. The cost of the signal light will be a cost
share with the county up to 25%.
Mr. Jeff Deceaser, representing Don Peterson, are in support of the project. Mr. Don
Peterson is contributing $1.3 million to infrastructure for this project. This project also
provides an opportunity for the balance of the Peterson property to incorporate other uses.
Staff showed a rendering of the units that will be built.
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May 25, 2021
Page 4
Member Franceschelli asked about the Pilot Knob intersection and if the county has
commented about putting in a roundabout instead. Staff replied no. Member Franceschelli
confirmed the zoning plan will accommodate the row houses. Staff replied yes. He liked the
development.
Member Windschitl understood construction of the extension of Pilot Knob Road and
easement will be paid by the developer. Staff noted it is a joint venture between the
Peterson’s and the developer. He asked if there was parking within the amenities area.
There is a parking lot for 20 parking stalls. Member Windschitl asked about the front yard
setback and are the roads maintained by the association. Staff noted they will be public
streets, so there will be a boulevard in addition to a setback. There will be an area between
the curb and front property line that will be non-paved surface. Mr. Anderson stated with the
R-3 units with the reduced setback, it is a unique design where you don’t pull in straight off
the road into a garage. You come into a shared driveway area and then branch off to the side.
Staff noted there is a 20 ft setback from the roadway.
Member Lehto asked about the flood zone, but that is being worked on. In phase 3 at the end
of the cul-de-sac it looks like there is a Met Council wetland easement. She wanted to make
sure there is no encroachment. Staff explained there is an interceptor that goes through there
so there is an easement for that and that is where the sanitary sewer for the property is
coming from.
Chair Rotty stated when there are deviations on a PUD he likes to explain them. The one
Member Windschitl mentioned was one of them. It is not 10 feet from the road, it is 20 feet
so there is room for snow storage. Reducing the minimum lot size from 6,000 sq. ft. to 4,956
sq. ft. is because there is a unique number of lots. Staff explained the average lot size for the
single-family is over 6,000 sq. ft. The lowest is 5,736 sq. ft. Chair Rotty noted other
developments similar to this have been approved within the last ten years. He asked about
future plans for Outlot C on the east side. Plans are unknown at this time and will be market
driven.
Member Windschitl asked about the cost for the different units. The row homes will start at
$399,000 - $499,000 and the detached homes at $499,000 - $599,000. The association fee is
$299/month.
MOTION by Windschitl, second by Franceschelli to close the public hearing. APIF,
MOTION CARRIED.
The preliminary plat and PUD has eight contingencies. The applicant and Mr. John
Anderson, representing the Peterson’s, agreed to the contingencies. MOTION by
Franceschelli, second by Lehto to recommend approval with the eight contingencies of the
preliminary plat and PUD. APIF, MOTION CARRIED. MOTION by Lehto, second by
Windschitl to recommend approval of the comprehensive plan amendment. APIF,
MOTION CARRIED. MOTION by Franceschelli, second by Lehto to recommend
approval of the rezoning. APIF, MOTION CARRIED.
3. Adjourn
The next regular meeting is June 8, 2021.
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May 25, 2021
Page 5
MOTION by Franceschelli, second by Windschitl to adjourn at 7:37 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Cynthia Muller
Administrative Assistant