HomeMy WebLinkAbout5I - Summit Preserve
4646 Dakota Street SE
Prior Lake. MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
MAY 17, 2010
51
DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES DIRECTOR
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE
DEADLINE FOR SUBMITTING A FINAL PLANNED UNIT DEVELOPMENT
PLAN AND FINAL PLAT FOR SUMMIT PRESERVE
DISCUSSION:
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
~ 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.
R:\Council\2010 Agenda Reportsl05 17 10\Summit Preserve CC Staff Report.dot
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 prior to expiration of the plat. 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 November 16, 2009 the City Council approved an additional request from
Cardinal Development, extending the submittal for a Final Plat and PUD
recording to June 18, 2010,
On May 7, 2010, Cardinal Development submitted an additional request to
extend the submittal for a Final Plat and PUD to December 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.
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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.
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.
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
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FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
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 (i.e.: 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 and the developer is 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 December 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.
Staff recommends the following motions:
1. A motion and second adopting Resolution #10-xx approving an extension
of the deadline for submitting a Final Planned Unit Development Plan for
Summit Preserve to December 18, 2010,
2. A motion and second adopting Resolution #1 O-xx approving an extension
of the deadline for submitting a Final Plat for Summit Preserve to
December 18, 2010,
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4646 Dakota Street SE
Prior Lake. MN 55372
RESOLUTION 10-xxx
A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTING A FINAL
PLANNED UNIT DEVELOPMENT PLAN FOR SUMMIT PRESERVE UNTIL DECEMBER 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 extension on May 4, 2009, to
December 18, 2009 and an additional extension on November 16, 2009 to June 18,2010,
WHEREAS,
Cardinal Development Group, LLC, the Developer, has submitted an additional request to
extend the recording deadline to December 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 June 18, 2009 to
December 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 17th DAY OF MAY, 2010,
YES
NO
I Myser
I Erickson
Hedberg
Keeney
Millar
Mvser
Erickson
Hedberg
Keeney
Millar
Frank Boyles, City Manager
R:\Council\2010 Agenda Reports\05 17 10\Summit Preserve CC Resolution.dot
4646 Dakota Street SE
Prior Lake. MN 55372
RESOLUTION 10-xxx
A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR SUBMITTING A FINAL PLAT
FOR SUMMIT PRESERVE UNTIL DECEMBER 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 an extension on November 17,2008, approving an
extension of the final plat submittal deadline to June 18, 2009 and an extension on May 4,
2009, to December 18, 2009 and an additional extension on November 16, 2009 to June
18,2010; and
WHEREAS,
Cardinal Development Group, LLC, the Developer, has submitted an additional request to
extend the Final Plat submittal deadline to December 18, 2010; 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, 2010 to
December 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 17th DAY OF MAY, 2010,
YES
NO
I Mvser
I Erickson
I Hedberg
I Keeney
I Millar
Myser
Erickson
Hedberg
Keeney
Millar
Frank Boyles, City Manager
R:\Council\2010 Agenda Reports\05 17 10\Summit Preserve Final Plat Extension Resolution.dot
May 7, 2010
Danette M. Parr
Community Development and Natural Resource Director
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Dear Ms Parr,
Cardinal Development received approval of a preliminary plat and zoning of a PUD known as Summit
Preserve on June 18, 2007.
In December of 2009 we were granted a 6 month extension to submit a final PUD application.
It is our understanding the time to submit a Preliminary Plat application is May 18,2010 and the PUD
approval will expire on June 18,2010.
We still believe this is a unique and viable project and requires an extension for the following reasons:
. Our ability to market the 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 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 confmed 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.
. This is a viable site that will require additional time to develop based on the statements above
and what will be required to bring a quality project to market.
For these reasons we feel an additional extension is necessary to complete a successful project which is
not only important to Cardinal Development Group but to the City of Prior Lake as well.
Therefore, Cardinal Development is asking for an extension to the deadline for submitting a final planned
unit development plan and final plat for Summit Preserve of an additional 6 months to December 18,
2010.
Thank you for your consideration.
Sincerely,
()v
Kurt Larson
Chief Manager
Cardinal Development Group, LLC