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Home My WebLink About5E - Summit Preserve MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: MAY 4, 2009 5E DANETTE PARR, 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.107-10, 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 ~ RetaiI/RestauranUOffice/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 Retai/ 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 planUrain 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. On November 17, 2007, The City Council approved Resolution 08-143 (Plat) and Resolution 08-142 (PUD) allowing for an additional extension of submittal for a Final Plat and PUD recording to June 18, 2009. Current Circumstances In the summer of 2007, the developer 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. As of yet, 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 as with the previous extensions, if these extension requests are granted, it would remain 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. With the decreased demand for new construction housing, the City has previously given conditional approvals to allow for the extension of deadlines for submitting a Final PlaUFinal PUD. Staff reviews these extensions on a case by case basis. In cases where Staff has recommended denial of these requests, it has been for the following three criteria: . Outstanding financial issues with the City (i.e.: outstanding fee's) . Changes in storm water rules . Impacts from an impending Zoning Code update It should be noted that none of the preceding criteria apply to the Summit Preserve development, due to the fact that the future project is a PUD and will not be impacted by the proposed Zoning Code update (standards were approved as part of the Preliminary PUD). In addition, the stormwater changes will not impact the proposed future development, as well as the developer being in good standing with the City related to fees for Summit Preserve. FINANCIAL IMPACT: Provided the condition detailed in this staff report is 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 December 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 condition: 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. RECOMMENDED MOTION: Staff recommends the following motions: 1. A motion and second adopting Resolution #09-xx approving an extension of the deadline for submitting a Final Planned Unit Development Plan for Summit Preserve to December 18, 2009. 2. A motion and second adopting Resolution #09-xx approving an extension of the deadline for submitting a Final Plat for Summit Preserve to December 18, 2009. Re~WedbY: ~ ~~1 t../V . Frank BOY'D' &nager 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 09-xx A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTING A FINAL PLANNED UNIT DEVELOPMENT PLAN FOR SUMMIT PRESERVE UNTIL DECEMBER 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, The Prior Lake City Council adopted Ordinance No. 08-142 on November 17,2008, approving an extension of the recording deadline to June 18, 2009; and WHEREAS, Cardinal Development Group, LLC, the Developer, has submitted an additional request to extend the recording deadline to December 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 June 18, 2009 to December 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. PASSED AND ADOPTED THIS 4TH DAY OF MAY, 2009 YES NO Haugen Hedberg Erickson LeMair Millar Haugen 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 09-XX A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTING A FINAL PLAT FOR SUMMIT PRESERVE UNTIL DECEMBER 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, The Prior Lake City Council adopted Resolution 08-143 on November 17, 2008, approving an extension to the Final Plat submittal deadline to June 18, 2009; and WHEREAS, Cardinal Development Group, LLC, the Developer, has submitted an additional request to extend the Final Plat submittal deadline to December 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 June 18, 2009 to December 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. PASSED AND ADOPTED THIS 4th DAY OF MAY, 2009. YES NO I Hauqen I Hedberq I Erickson I LeMair I Millar Hauqen Hedberq Erickson LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245