HomeMy WebLinkAbout5F - Summit Preserve
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
NOVEMBER 16, 2009
SF
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 ask the City Council 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.
Histol"\l
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
~ Retail/RestaurantlOffice/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 an extension of the Final PUD/ Plat submittal
deadline to June 18, 2008 and another extension that further extended
the Final PUD/Plat submittal deadline to December 18, 2008.
On November 17, 2008, 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.
On May 4, 2009 the City Council approved an additional request from the
developer, extending the submittal for a Final Plat and PUD recording to
December 18, 2009.
On October 30, 2009 Cardinal Development requested an additional six-
month extension to June 18, 2010 (request attached).
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.107-10:
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 commercial/retail market is not
insulated and has felt the effects. Many existing retailers have
stopped expansion. New start ups are less likely to open or push
out start dates. Although we have made progress, end users are
taking a longer cycle for review and decision making. Any
pressure to expedite their process can result in a negative
decision.
. Given the unprecedented conditions we must research new and
unique ways to bring a project like this to market that benefits
both the City and the consumer.
. 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.
FINANCIAL
IMPACT:
ALTERNATIVES:
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, the City has previously
given conditional approvals to allow for the extension of deadlines for
submitting a Final Plat/Final 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 (Le.: outstanding fee's)
. Changes in storm water rules
. Changes in the Zoning Code
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 updated Zoning Code (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.
Provided the condition detailed in this staff report is met, this action has
no financial impact on the City.
The City Council has three alternatives:
1. Adopt resolutions approving the request to extend the application
deadlines until June 18,2010, 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 June 18, 2010.
2. A motion and second adopting Resolution #09-xx approving an
extension of the deadline for submitting a Final Plat for Summit
Preserve to June 18, 2010.
Frank BOYV tanager
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 JUNE 18, 2010
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 an extension on November 17,2008, approving
an extension of the recording deadline to June 18, 2009 and an additional extension on
May 4, 2009, to December 18, 2009; and
WHEREAS, Cardinal Development Group, LLC, the Developer, has submitted an additional request
to extend the recording deadline to June 18, 2010; 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,
2009 to June 18, 2010.
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 16TH DAY OF NOVEMBER, 2009
YES
NO
Haugen
Hedberg
I Erickson
I LeMair
I Millar
Haugen
Hedberg
Erickson
LeMair
Millar
Frank Boyles, City Manager
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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 JUNE 18, 2010
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, The Prior Lake City Council adopted Resolution 09-070 on May 4, 2009, approving an
additional extension to the Final Plat submittal deadline to December 18, 2009; and
WHEREAS, The Developer, Cardinal Development Group, LLC, has submitted an additional
request to extend the Final Plat submittal deadline to June 18, 2010.
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, 2009
to June 18, 2010.
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 16th DAY OF NOVEMBER, 2009.
YES
NO
I Haugen
Hedberg
Erickson
LeMair
Millar
Haugen
Hedberg
Erickson
LeMair
Millar
Frank Boyles, City Manager
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