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4646 Dakota Street SE
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CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 17, 2011
AGENDA #: 10A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT
DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTIONS FOR AN AMENDMENT TO
THE HICKORY SHORES PLANNED UNIT DEVELOPMENT FINAL PLAN
AND CONSIDER APPROVAL OF A PRELIMINRY PLAT TO BE KNOWN
AS HICKORY SHORES 2 "D ADDITION
DISCUSSION: Introduction
James Deanovic, owner of Wyatt the Pudel Pointer, LLC has applied to
amend the original Planned Unit Development (PUD) and Preliminary Plat
of Hickory Shores. The property is located at on the south side of TH 13
and north and west of Crystal Lake and Rice Lake. The original
development plan calls for a residential development consisting of 79 single
family homes and 38 townhouses, along with parks and trail on a total of 80
acres. The proposed plan changes would decrease the number of
townhome lots to 37, while maintaining the 79 detached single family
homes sites.
Hi story
Originally proposed for development by Tollefson Development, the City
Council approved the Final Plat and Planned Unit Development for this
subdivision on August 21, 2006. Since that time, the development has
gone through foreclosure proceedings and is currently a bank -owned
project. The PUD Amendment proposes a modification to the townhome
design of the originally approved PUD.
The Planning Commission held a public hearing for this item on September
26, 2011 and recommended approval of the PUD Amendment and
Preliminary Plat requests. The meeting minutes from the public hearing
area attached for your reference.
Current Circumstances
Section 1106.400 of the Zoning Ordinance lists the types of uses and
standards allowed under a PUD. The PUD provisions offer maximum
flexibility in many areas, some of which include such aspects as setbacks,
building heights, and densities. The developer is requesting modifications
to the minimum lot areas as well as building setbacks.
The following paragraphs outline the physical characteristics of the existing
site, the Comprehensive Plan and zoning designations, and a description of
some of the specifics of the site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 80 acres. The net site area
(gross land area less existing right -of -way, wetlands and bluffs) is 67.62
acres.
Togouraphv: This site has a varied topography, with elevations ranging
from 998' MSL at its highest point to 943' MSL at its lowest point. The site
also includes 2.97 acres of bluffs. These steep slopes are located along
the north shore of Rice Lake and the south shore of Crystal Lake.
Venetation: Historically, much of the site has been used for agricultural
purposes; however, the majority of the site is wooded. The project is
subject to the Tree Preservation requirements of the Zoning Ordinance.
Wetlands: There are several wetlands on this site. Wetlands encompass
approximately 9.12 acres of the site area.
Access: Access to the site is from Village Lake Drive, off of State Truck
Highway 13.
2030 Comprehensive Plan Desionation: This property is designated for
Urban Low Density Residential uses on the 2030 Comprehensive Plan
Land Use Map.
Zonin : The site is presently zoned PUD (Planned Unit Development).
Shoreland: This property is also located within the Shoreland District for
Rice Lake and Crystal Lake, both Natural Environment Lakes. As such, the
property is subject to the Shoreland PUD requirements listed in Section
1104 of the Zoning Ordinance.
PROPOSED PLAN
The developer is proposing modifications to the Approved Preliminary Plat
and PUD within the proposed townhome area.
Townhome Lots: Currently one 4 -unit attached townhome is constructed
on Kennett Curve while the remaining 34 lots are vacant. The developer is
proposing to replace the approved attached townhome design with a
modified attached townhome model design on the remaining vacant lots. A
reduction of 1 less townhome lot than previously approved (37 instead of
38) is proposed. The modified lot layout of the townhomes requires re-
platting of the individual property lines since the lots would be smaller in
size (approximately 2,850 — 3,050 sq. ft) than the original platted lots. The
developer proposes separate driveways for the majority of the units (lots
30 -33 will require a shared driveway).
2
Townhome Setbacks: The typical residential required and proposed
setbacks for the detached townhomes are shown on the following table:
Townhouse Setbacks
Typical
Requirement
Originally
Approved
Pro osed
Front (private street
25' from back of curb
20'
20'
Front (from public
street
25' from ROW line
25'
25'
Building to Building
NA
15'
20'
Lakeshore OHW
150'
150'
150'
Impervious Surface: The amount of impervious surface approved with
the original attached townhome design was 150,924 sq. ft. for the buildings
and driveways. The developer's plan proposes to reduce this amount to a
total of 112,961 sq. ft. for the buildings and driveways (a reduction of
approximately 25% impervious surface).
Density: Density of the development is based on the net area of the site,
which is 20.03 acres and is further regulated by the Shoreland District. The
maximum density permitted is based on the net area of each tier divided by
the minimum lot area. The permitted and proposed density for the entire
Hickory Shores Development is identified in the following table:
*(includes 7 units outside of Shoreland District)
Parks: Parks are another component of this proposal and will remain
unchanged from the original connection plans. The plan includes 27.44
acres of total land dedicated to the City. Of this land, 15.53 acres are
located along the shoreline. The remaining 11.25 acres is located on the
west side of the site. This area is part of a significant wetland complex,
which will be preserved as a natural area as a result of this dedication.
Streets /Sanitary Se Mains /Storm Sewer: All public
improvements for the platted 1S Addition of Hickory Shores have been
installed. Due to the proposed reduction of 1 townhome lot in the plat, one
lateral water and sewer service stub is proposed for removal in the street
between lots 17 and 18.
Townhome Building Styles: The plan proposes attached townhome lots.
Conceptual plans have been submitted which identify one story units with
walkouts /lookouts /full basements of approximately 2,700 interior square
feet and 3 -car tandem garages.
Original
Permitted
Approved
Proposed
Density
Density
Density
# Units
# Units
# units
Shoreland District
82
70
69
Tier 1
Shoreland District
41
31
31
Tier 2
Shoreland District
13
8
8
Tier 3
Shoreland District
1
8*
8*
Tier 4
TOTAL
137
118
116
*(includes 7 units outside of Shoreland District)
Parks: Parks are another component of this proposal and will remain
unchanged from the original connection plans. The plan includes 27.44
acres of total land dedicated to the City. Of this land, 15.53 acres are
located along the shoreline. The remaining 11.25 acres is located on the
west side of the site. This area is part of a significant wetland complex,
which will be preserved as a natural area as a result of this dedication.
Streets /Sanitary Se Mains /Storm Sewer: All public
improvements for the platted 1S Addition of Hickory Shores have been
installed. Due to the proposed reduction of 1 townhome lot in the plat, one
lateral water and sewer service stub is proposed for removal in the street
between lots 17 and 18.
Townhome Building Styles: The plan proposes attached townhome lots.
Conceptual plans have been submitted which identify one story units with
walkouts /lookouts /full basements of approximately 2,700 interior square
feet and 3 -car tandem garages.
Impervious Surface: The maximum impervious surface allowed in the
Shoreland District is 30% of the lot area above the OHW. The proposed
development meets this overall 30% requirement. The following table
identifies the proposed impervious surface for this development.
Tier
Originally
Approved
Proposed
1
22.3%
21.0%
2
24.9%
23.5%
3
14.2%
12.5%
4
17.5%
1 14.6%
Overall
21.9%
1 20.8%
Shoreland Open Space Requirements: The Shoreland ordinance
requires at least 50% of the total project area, or 39.98 acres, within this
PUD be preserved as open space. The originally approved PUD proposal
included 40.07 acres of open space (50.09 %) including wetlands, parks,
and common open space. The proposed amended PUD would increase
this open space area to 41.66 acres (52.07 %). The conservation easement
area will be delineated by fences and signage.
In addition, the Shoreland PUD ordinance also requires that 70% of the
shore impact zone (50% of the setback from the OHW) be preserved in its
natural state. In this case, there is a minimum 50' wide buffer located
around Crystal Lake and Rice Lake. This area meets this requirement.
Tree Replacement/Landscapina: There are many significant trees on the
site. The original tree inventory identified 34,536 significant caliper inches
of trees on the site. Up to 35% of the significant caliper inches may be
removed for house pads and driveways. Any removal above these
amounts requires tree replacement at a rate of Y2 caliper inch for each inch
removed.
The majority of the tree replacement and landscaping of the site has been
completed by the previous developer /bank owner. Remaining tree
replacement/landscaping under the originally approved plans include front
yard trees to be installed for each lot at the time of individual lot
construction and a line of 50 trees in the rear yards of lots on Hickory Circle
and along Turner Drive proposed in the unplatted Outlot A at the far
southern end of the development.
Fees and Assessment: The amendment change to the townhome portion
would not required additional development fees as these fees were paid in
2006 with the final plat of the 1 st Addition.
ISSUES: The developer has met with City staff to address the proposed changes to
the PUD and ways to maintain the core of the originally approved plan of
the Hickory Shores Development. The detached townhome design will
reduce the overall impervious surface of this area by approximately 25 %.
Furthermore, the developer proposes to not only maintain the existing park
and trail system within the development but has also proposed an increase
to the amount of overall open space within the development. Therefore,
staff believes the proposed PUD changes to the original Hickory Shores
Development appear appropriate.
4
The Planning Commission and staff recommend approval of the PUD
Amendment and Preliminary Plat subject to the following listed conditions:
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 comments in the City Engineering
Department memorandum dated September 6, 2011.
3. Revise the plans to address all of the comments in the City Community
& Economic Development Department memorandum dated September
12, 2011.
4. All grading, hydrology and storm water comments must be addressed
prior to any grading on the site.
5. Prior to a Final Plat of Outlot A the developer must provide a copy of
the conservation easements, along with detailed specifications of how
this area will be delineated on the site.
6. As part of the final PUD plan, provide a table which will enable staff to
track the impervious surface on the site. Overall impervious surface
may not exceed the percentages shown on the plans.
7. As part of the park development, the developer is responsible for any
grading, topsoil, turf establishment and construction of any proposed
trails to the specifications provided by the City.
8. The developer must submit a Letter of Credit in an amount equal to
125% of the cost of the required replacement trees which have yet to
be installed.
FINANCIAL Approval of the Amendment to the Planned Unit Development may assist in
IMPACT: facilitating the construction of new dwelling units, which will contribute to
the City's tax base.
ALTERNATIVES: The City Council has four alternatives:
1. Adopt a resolution with conditions approving the amended Final PUD
Plan for Hickory Shores and adopt a resolution approving a Preliminary
Plat to be known as Hickory Shores subject to the listed conditions, with
the finding that the Preliminary Plat is consistent with the intent and
purposes of the Zoning and Subdivision Ordinances.
2. Deny the PUD Amendment and the Preliminary Plat on the basis they
are inconsistent with the purpose and intent of the Zoning and
Subdivision Ordinances and /or the Comprehensive Plan. In this case,
the Council should direct the staff to prepare a resolution with the
findings of fact based in the record for the denial of these requests.
3. Defer consideration of this item and provide staff with specific direction.
The Planning Commission and City Staff recommend Alternative #1.
RECOMMENDED Two separate motions are required:
MOTION: 1. A motion and second to adopt a resolution approving the
amendment to the final PUD Plan for Hickory Shores, subject to the
listed conditions.
2. A motion and second adopting a resolution approving a Preliminary
Plat to be known as Hickory Shores.
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -xxx
A RESOLUTION TO APPROVE AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD)
FINAL PLAN KNOWN AS HICKORY SHORES
Motion By: Second By:
WHEREAS, Wyatt Pudel, Pointer LLC has submitted an application for an amendment to the Planned
Unit Development Final Plan known as Hickory Shores; and
WHEREAS, The proposed amendment is a "major amendment" for administrative and procedural
purposes; and
WHEREAS, The Prior Lake Planning Commission considered the proposed amendment to the Final
PUD Plan on September 26, 2011; and
WHEREAS, The Planning Commission found the amendment to the Final PUD Plan to be consistent
with the purpose of a PUD and in substantial compliance with the approved preliminary
plan and recommended approval of the Final PUD Plan; and
WHEREAS, The Prior Lake City Council considered the proposed Final PUD Plan on October 17,
2011; and
WHEREAS, The City Council finds the Final PUD Plan in substantial compliance with the approved
Preliminary PUD Plan; and
WHEREAS, The City Council finds the PUD Final Plan is compatible with the stated purposes and
intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance.
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 Amended Planned Unit Development Final Plan is hereby approved subject to the following
conditions:
a. The developer must obtain the required permits from any other state or local agency prior
to any work on the site.
b. Revise the plans to address all of the comments in the City Engineering Department
memorandum dated September 6, 2011.
c. Revise the plans to address all of the comments in the City Community & Economic
Development Department memorandum dated September 12, 2011.
d. All grading, hydrology and storm water comments must be addressed prior to any grading
on the site.
e. Prior to Final Plat of Outlot A the developer must provide a copy of the conservation
easements, along with detailed specifications of how this area will be delineated on the
site.
f. As part of the final PUD plan, provide a table which will enable staff to track the impervious
surface on the site. Overall impervious surface may not exceed the percentages shown on
the plans.
g. As part of the park development, the developer is responsible for any grading, topsoil, turf
establishment and construction of any proposed trails to the specifications provided by the
City.
h. The developer must submit a Letter of Credit in an amount equal to 125% of the cost of the
required replacement trees which have yet to be installed.
PASSED AND ADOPTED THIS 17th DAY OF OCTOBER, 2011.
YES NO
M ser
M ser
Erickson
Erickson
Hedberg
Hedber
Keeney
Keene
Soukup
Souku
Frank Boyles, City Manager
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -xxx
A RESOLUTION TO APPROVE A PRELIMINARY PLAT TO BE KNOWN AS
HICKORY SHORES 2ND ADDITION
Motion By:
Second By:
WHEREAS, Wyatt Pudel Pointer LLC has submitted an application for a Preliminary Plat to be known
as Hickory Shores 2nd Addition; and
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on September 26, 2011
to consider the proposed Preliminary Plat; and
WHEREAS, Notice of the public hearing on said Preliminary Plat has been duly published and posted
in accordance with the applicable Minnesota Statutes and Prior Lake Ordinance; and
WHEREAS, All persons interested in the proposed Preliminary Plat were afforded the opportunity to
present their views and objections related to the Preliminary Plat of Hickory Shores for the
record at the public hearing conducted by the Planning Commission; and
WHEREAS, The Prior Lake City Council considered the application for the proposed Preliminary Plat
on October 17, 2011; and
WHEREAS, The Planning Commission and City Council have reviewed the Preliminary Plat according
to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said Preliminary Plat to be consistent with the provisions of said Ordinances; and
WHEREAS, The City Council has the authority to impose reasonable conditions on a Preliminary Plat.
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 Preliminary Plat is hereby approved subject to the following conditions:
a. The developer must obtain the required permits from any other state or local agency prior
to any work on the site.
b. Revise the plans to address all of the comments in the City Engineering Department
memorandum dated September 6, 2011.
c. Revise the plans to address all of the comments in the City Community & Economic
Development Department memorandum dated September 12, 2011.
d. All grading, hydrology and storm water comments must be addressed prior to any grading
on the site.
e. The developer must submit a Letter of Credit in an amount equal to 125% of the cost of the
required replacement trees which have yet to be installed.
PASSED AND ADOPTED THIS 17th DAY OF OCTOBER, 2011.
YES NO
M ser
M ser
Erickson
Erickson
Hedberg
Hedber
Keeney
Keene
- Soukup
Souku
Frank Boyles, City Manager