HomeMy WebLinkAbout5I - Extension for Summit Preserve Phase I PUD
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
NOVEMBER 17, 2008
51
DANETTE WALTHERS, COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE
FOR SUBMITTING A FINAL PLANNED UNIT DEVELOPMENT PLAN AND
FINAL PLAT FOR SUMMIT PRESERVE
Introduction
The purpose of this agenda item is to consider a request by Cardinal
Development to extend the deadline for submitting a Final Planned Unit
Development Plan and Final Plat for Summit Preserve. The property is
located at the northeast intersection of CSAH 18 and CSAH 42.
Historv
On June 18, 2007, the City Council approved Ordinance NO.1 07-1 0, approving
the Final PUD and Resolution 07-121 approving the Preliminary Plat for
Summit Preserve. The approved Preliminary PUD is comprised of the
following three phases:
Phase 1
~ Retail/Restaurant/Office/Parking:
. Office. 92,340 sq. ft. of office and medical office space
contained within three 2-story and three 3-story buildings.
. Restaurant, 14,750 sq. ft, of restaurant space within two single
story buildings.
· Mix of Retail and Restaurant. 90,234 sq. ft. of retail and
restaurant space within six single story buildings.
. Plaza. A dining and gathering plaza area with native plant/rain
garden interpretive exhibits.
· Parking. 46 underground parking spaces and 808 exterior
surface parking spaces,
~ Residential Units/Parking:
. Two-three (3) story multiple family buildings with a total of 60
units with 93 underground parking spaces and 36 exterior
surface parking lot spaces,
Phase 2
~ Residential Units:
. 22 twinhome units.
. 43 rowhome units.
. A 20,000 sq. ft. tot lot area/park/play structure.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Phase 3
~ Residential Units/Parking:
. Two- four (4) story multiple family buildings with a total 100
units (50 units within each building). As well as 130
underground parking spaces (35 within each building) and 72
exterior surface spaces. The estimated building heights will
range from 53 ft. to 56 ft.
~ Offices/Parking:
. Three single story office buildings totaling 23,810 sq. ft.
. 98 surface parking spaces.
Section 1102.206 (6) of the Subdivision Code states that once a preliminary
plat is approved by the City Council, the subdivider must submit an application
for a final plat within twelve (12) months after approval of the preliminary plat.
If an applicant fails to submit an application for a final plat within the specified
12-month period, the preliminary plat shall be considered void, unless a
request for time extension is submitted in writing and approved by the City
Council at least 30 days prior to the expiration of the 12-month period. Such
extensions of time shall not exceed six (6) months.
Section 1106.709 of the Zoning Code states that the Final PUD Plan,
consisting of the entire site or at a minimum the first phase of the total
development, shall be submitted for approval within 90 days after City Council
approval of the a Preliminary PUD Plan unless a written request for a time
extension is submitted by the applicant and approved by the City Council.
On September 17, 2008 the City Council approved a request from Cardinal
Development for a nine month extension of the Final PUD submittal deadline
to June 18, 2008 and another extension that further extended the Final PUD
submittal deadline and the Final Plat submittal deadline to December 18, 2008.
Current Circumstances
As of August 24,2007, the developer has removed three of the four residential
structures from the site. City staff has worked with the Developer to assure
that removal of the structures has not adversely impacted trees on the site,
Since the June 18, 2007 City Council meeting, the developer has not
submitted final plans reflecting revisions that meet the conditions below, as
detailed in the Preliminary PUD Plan approval Ordinance NO.1 07 -10:
1. The developer must obtain the required permits from any other state or
local agency prior to any work on the site.
2. Revise the plans to address all of the Engineering comments in the
memorandum from Assistant City Engineer Larry Poppler dated May 14,
2007. All grading, hydrology and stormwater issues must be addressed
prior to any grading on the site.
3. Provide street names unique to the City street naming system for all
streets.
4. The developer must submit a Letter of Credit in an amount equal to 125%
of the cost of the required replacement trees prior to any grading on the
site.
5. The developer must provide updated plan sheets reflecting the approved
site plan in relation to tree preservation, site amenities, and landscaping.
ISSUES:
The developer submitted a narrative (attached) indicating their belief that the
Summit Preserve project is unique and requires an extension for the following
reasons:
. Our ability to market this property has been hampered by the current
real estate climate.
. The site is significant and important for many reasons. We want to
continue to see how we can improve on architecture, designs, etc to
continue to attract the appropriate clients.
. Given the confined area for the retail/commercial use in this project,
being forced to plat it prematurely before receiving commitments could
be devastating to the entire marketability of the project. We would not
be able to be flexible and meet the demands of the end user.
Since the time of concept review for Summit Preserve, the City Council has
extensively discussed the unique natural features of the site, including the
2,110 existing trees (29,031 caliper inches), 75 of which are Heritage Trees
(highly desirable species in fair or better condition, which are a minimum of
27dbh in the case of deciduous trees and 24dbh in the case of coniferous
trees). The natural features of the site were cited as a significant component
of the Summit Preserve Planned Unit Development proposal. For that reason,
staff believes that if these extension requests are granted, it would also be
appropriate to delay any activity that would prematurely impact the trees or
topography on the site. The narrative submitted by the developer indicates
uncertainties related to the end users of the site. These uncertainties concern
staff in relation to the fact that once the trees and grades have been impacted,
there is no flexibility to alter them to meet the uncertainties of the end user,
while still meeting the approved PUD criteria.
While the Subdivision Ordinance does allow for the granting of a grading
permit upon the City Council approval of the Preliminary Plat, in this case it
would appear inappropriate to do so. For that reason, if the City Council
approves the extension request, staff would ask that the Council add a
condition stating no tree removal or grading permit will be considered until a
complete Final PUD Plan and Final Plat application is received and City staff
has determined, in writing, the submittal is consistent with the City of Prior
Lake Subdivision Ordinance and Public Works Design Manual.
With multiple development projects experiencing substantial delays in the
platting process, City Staff has discussed the alternative of requesting escrows
to accommodate administrative costs earlier in the process rather than
collecting these fees entirely at the time the final plat is recorded. Currently,
until these administrative costs are paid as part of the development contract,
the City of Prior Lake must subsidize these expenditures from within the City's
budget. An escrow would allow for a guarantee of the cost associated with the
development up to that point, while not increasing the overall costs to the
developer. Thus far, the City has carried the administrative development cost
of $31,979.71 for the Summit Preserve Development. In the case of three
other development projects in the past year, the City Council has approved
similar extension requests with payment of the incurred administrative
development costs as a condition of approval. In two of the three instances,
the developers have paid the City's incurred administrative costs. It is the
staffs expectation that this developer would do the same.
FINANCIAL
IMPACT:
Provided all conditions detailed in this staff report are met, this action has no
financial impact on the City,
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt resolutions approving the request to extend the application
deadlines until June 18, 2009, as requested.
2. Continue this item for specific information or reasons per City Council
discussion.
3. Deny the request and direct the staff to prepare a resolution denying the
requested extension.
Staff recommends Alternative #1 with the following conditions:
1, No tree removal or grading permit will be considered until a complete Final
PUD Plan and Final Plat application is received and City staff has
determined, in writing, the submittal is consistent with the City of Prior Lake
Subdivision Ordinance and Public Works Design Manual.
2. The developer shall submit payment of $31,979.71 for previously incurred
administrative development costs, which will be deducted from the final
development fees at the time of the approved Development Contract.
RECOMMENDED
MOTION:
Staff recommends the following motions:
1. A motion and second adopting Resolution #08-xx approving an
extension of the deadline for submitting a Final Planned Unit
Development Plan for Summit Preserve to June 18, 2009.
2. A motion and second adopting Resolution #08-xx approving an
extension of the deadline for submitting a Final Plat for Summit
Preserve to June 18, 2009.
f-
ReVierwwed by: 1 (
/ ~1----
. I
Frank V ~ >nager
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION OS-xx
A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTING A FINAL
PLANNED UNIT DEVELOPMENT PLAN FOR SUMMIT PRESERVE UNTIL JUNE 18, 2009
Motion By:
Second By:
WHEREAS, The Prior Lake City Council adopted Ordinance No. 107-10 on June 18, 2007,
approving the Preliminary Planned Unit Development Plan for Summit Preserve; and
WHEREAS, Cardinal Development Group, LLC, the Developer, has submitted a request to extend
the recording deadline to June 18, 2009; and
WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the
provisions of Section 1106.709.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The deadline for submitting a Final PUD Plan for Summit Preserve is extended from December 18,
2008 to June 18, 2009.
3. No tree removal or grading permit will be considered until a complete Final
PUD Plan and Final Plat application is received and City staff has
determined, in writing, the submittal is consistent with the City of Prior Lake
Subdivision Ordinance and Public Works Design Manual.
4. The developer shall submit payment of $31,979,71 for previously incurred
administrative development costs, which will be deducted from the final
development fees at the time of the approved Development Contract.
PASSED AND ADOPTED THIS 17TH DAY OF NOVEMBER, 2008.
YES
NO
HauQen
Hedberg
Erickson
I LeMair
I Millar
HauQen
Hedberg
Erickson
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 08-xx
A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTING A FINAL
PLAT FOR SUMMIT PRESERVE UNTIL JUNE 18, 2009
Motion By:
Second By:
WHEREAS, The Prior Lake City Council adopted Resolution 07-121 on June 18, 2007, approving
the Preliminary Plat for Summit Preserve; and
WHEREAS, Cardinal Development Group, LLC, the Developer, has submitted a request to extend
the Final Plat submittal deadline to June 18, 2009; and
WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the
provisions of Section 1102.206.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The deadline for submitting a Final Plat for Summit Preserve is extended from December 18, 2008
to June 18, 2009.
3. No tree removal or grading permit will be considered until a complete Final PUD Plan and Final Plat
application is received and City staff has determined, in writing, the submittal is consistent with the
City of Prior Lake Subdivision Ordinance and Public Works Design Manual.
4. This extension request shall not be considered approved unless and until the developer submits
payment of $31,979.71 for previously incurred administrative development costs, which will be
deducted from the final development fees at the time of the approved Development Contract.
PASSED AND ADOPTED THIS 1ih DAY OF NOVEMBER, 2008.
YES
NO
I Haugen
I Hedberg
I Erickson
I LeMair
I Millar
Haugen
Hedberg
Erickson
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245