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HomeMy WebLinkAbout5D - Fountain Hills 2nd Addn. MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 24, 2002 5D JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT PLAN AND PUD DEVELOPMENT CONTRACT AND APPROV AL OF A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR FOUNTAIN HILLS 2ND ADDITION History: On April 1, 2002, the City Council adopted Resolution #02- 44 approving a Planned Unit Development Preliminary Plan for Fountain Hills 2nd Addition. At the same time, the City Council adopted Resolution 02-45 approving the preliminary plat for Fountain Hills 2nd Addition. While the total site area is 23.08 acres, the PUD plan encompasses 10.16 acres of the site. The remaining area of the development will consist of two commercial lots, 7.01 acres and 4.67 acres In SIze. Final PUD Plan: The final PUD plan consists of a total of 64 dwelling units on 7.17 net acres, for a total density of 8.92 units per acre. The plan includes 4-, 6- and 10-unit buildings. There are two different building styles proposed. The first style is a 2-story, row house style with tuck under garages. These buildings are located on the outer ring of the site, to take advantage of the natural grade. The plan includes 34 of these units in one 4-unit building and five 6-unit buildings. The second building style is a 3-story, back-to-back townhouse building. There are 30 units in three, 10-unit buildings. Building elevations and sample floor plans for each of these buildings are attached to this report. The proposal provides at least 2 parking spaces per dwelling unit, which is consistent with the minimum Zoning Ordinance requirements. All of the units have two car attached garages, which provides parking for both occupants and tandem spaces for guests. The developer has also provided 30 guest spaces scattered throughout the townhouse development to provide additional off-street parking for guests. The plan proposes the following setbacks: 1:\02fi1es\02subdivisions\02final plats\fountain2nd\finaIcc.doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Proposed Minimum Front (foundation to back of curb) on 22' 30' row houses Front (deck to back of curb) on 10-unit 14' 30' buildings Rear (to property line) 30' minimum 25' Side (between buildings) 25' 35' ('Iz sum of the building heights) Wetland (lOO-year flood elevation) 30' 30' The R-4 district allows a maximum ground floor area of 0.35 of the total lot area. The ground floor area proposed is 0.21. The R-4 district also requires 600 square feet of use able open space per unit for cluster developments. The proposed common area provides open space for this development consistent with the ordinance requirements. The landscaping plan provides screening around the perimeter of the site. The plan pays special attention to providing screening along the south property boundary, where the new trees, along with the existing trees, will screen this development from the adjacent property. The landscaping plan is consistent with ordinance requirements for number, size and species of the plantings, and provides the proper mix of size and species required by the ordinance. Finally, the plan notes an irrigation system will be provided. This proposal includes 1 project monument sign. The proposed sign is consistent with the Zoning Ordinance requirements. Streetlights will be provided on the public streets. Streetlights will also be provided on the private streets by the public utility company. The cost and maintenance of the streetlights on the private streets will be borne by the homeowner's association. This plan proposes a combination of public and private streets. The public street is an extension of Fountain Hills Drive to the west boundary of the property. This street will provide access to the commercial lots. The PUD plan includes the use of private streets to serve the townhouse development, which will be maintained by a homeowner's association. The streets also meet the Subdivision Ordinance requirements. The plan proposes a sidewalk on the north side of Fountain Hills Drive. The applicant is also proposing a trail around the wetland on the east side of the site as part of the common open space for the townhouse development. This trail connects to the existing sidewalk along the east side of Fountain Hills Court. I: \02fi1es\02subdivisions\02final plats\fountain2nd\finalcc.doc Page 2 This plan does not include any parkland dedication. A cash dedication, in lieu of land, was made at the time the first plat, Fountain Hills Addition, was completed. This project is proposed to be completed in one phase. Final Plat: The final plat to be known as Fountain Hills 2nd Addition includes the entire 23.08 acres. It creates 2 commercial lots, 64 townhouse unit lots, 3 lots for common open space for the townhouse development, and one outlot for the private street. The plat also dedicates the public street right-of-way. There is no additional area for future development. Current Circumstances: The Planning Commission considered the Final Pur:> Plan on May 28, 2002. The Planning Commission found this plan to be in substantial compliance with the approved preliminary PUD plan. The Planning Commission recommended approval of the final PUD plan, subject to the following conditions. The developer's response to these conditions is shown in bold italics. 1 The setback from the decks to the east property line is only 28 feet. The setback approved in the preliminary plat was 30 feet. The decks on these units must be trimmed to meet the 30' setback. The plans have been revised to include this information. 2 The table listing the setbacks on the PUD Plan must be clarified to note that the setback is measured from the structure, including decks. Also, the setback from the wetland is measured from the 100-year flood elevation of the wetland. The plans have been revised to include this information. 3 The developer must provide street names for the private streets. The developer has identified the private streets as Fountain Hills Enclave and Fountain Hills Curve. These names are too similar to the existing street system and should be changed to more unique names. 4 The landscaping plan must be revised so at least 20% of the evergreens (S trees) are 8' in height. The plans have been revised to include this information. S The plan must be revised to include the location of the monument SIgn. The plans have been revised to include this information. 6 Provide retaining wall profiles and design by a registered engineer. I: \02fi1es\02subdivisions\02final plats\fountain2nd\finalcc.doc Page 3 The plans have been revised to include this information. 7 A lighting distribution plan, identifying the footcandles at the south boundary of the site that are a result of the wall lighting on the south side of the units must be provided. The plans have been revised to include this information. 8 Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. Theseplans will be stamped with the final approval information. One set will be filed at the Planning Department and maintained as the official PUD record. The second set will be returned to the developer for their files. These plans will be submitted after Council approval. 9 The Final Plat and Development Contract must be approved by the City Council. lOA signed pUD agreement must be approved by the City Council. The principal requirement for approval of a Final pUD Plan is first of all, whether or not the plan conforms to the approved preliminary PUD plan. Second, the developer must enter into a development contract for the PUD outlining the terms and conditions of approval of the PUD plan. This contract is separate from the development contract associated with a final plat in that it does not focus on the required improvements, but on the design and conditions of the plan. In considering a final pUD plan, the Council may either act to approve the plan on June 24t\ or set a public hearing for review of the final plan if it deems such a hearing necessary. In any event, the Council must make a decision on the final PUD plan within 60 days of its first consideration. The principal requirements for final plat approval include a signed Development Contract with surety for the installation of utilities and streets and the satisfactory completion of all preliminary plat conditions. Staffhas reviewed the final PUD plan and the final plat and finds them to be in substantial compliance with the approved preliminary PUD plan and the approved preliminary plat. The developer has also submitted revised plans meeting the conditions for approval suggested by the Planning Commission on May 28, 2002. The only revision required is names for the private streets; this is a detail that can be handled by the staff. The attached "Contract for Development of Land as a Planned Unit Development" spells out the terms and conditions of approval of the final pUD plan. This contract includes provisions identifying the I: \02files\02subdivisions\02final plats\fountain2nd\finalcc.doc Page 4 approved final plans, the phasing of the development, and the covenants and homeowners association documents. It must be noted there are still some blanks in the PUD contract. These blanks are for the unknown approval dates, resolution numbers, and so on. They will be completed upon Council approval of the final plans. The attached "Development Contract" specifies the required improvements for this plat. Sanitary sewer and water main trunk area charges, storm water management charges and collector street construction charges are outlined in the contract. This is the standard development contract used in all final plats. The Issues: The City Attorney has reviewed and approved-the PUD contract, and the Development Contract. These contracts have been forwarded to the Developer for review and signatures. The Developer has advised staff that they will be addressing the City Council to request a building permit for a model prior to installation of one lift of bituminous, as required by Paragraph 20 of the Development Contract. The previous contract included a provision allowing a model without these improvements; however, the staff changed this provision in the new contract based on our experience and problems with these permits. The Developer contends that allowing a model immediately saves 90 days in the construction process. The staff feels the Development Contract allows us some discretion in issuing these permits, depending on the location of the model. The staff is willing to work with the Developer to determine an appropriate location for a model that can be issued a building pennit. COl1clusiol1: The Final PUD Plan is in compliance with the approved preliminary PUD plan. The staff would recommend approval of the Final PUD Plan be subject to the following conditions: 1. The Final Plat and Development Contract must be approved by the City Council. 2. The Final PUD Plan and PUD Development Contract must be approved by the City Council. 3. The developer must continue to work with the City to develop street names for the private streets. 4. Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official PUD record. The second set will be returned to the developer for their files. These conditions can be satisfied prior to release of the final plat documents. A copy of the PUD contract is attached to this report. I: \02files\02subdivisions\02final plats\fountain2nd\finalcc.doc Page 5 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: A copy of the development contract for Fountain Hills 2nd Addition is also attached to this report. Staff will be available to discuss the details of this contract with the Council. All of the conditions placed on the preliminary plat have been satisfied. The final plat is subject to six conditions which will be satisfied prior to the release of the final plat documents. The developer has received copies of all contracts, and has indicated there are no problems with the contract. We expect to receive signed copies of these documents prior to the City Council meeting. Rl.Ifl.gpf b"pn('f: Approval of this final PUD plan and final plat will allow construction of new dwellings, which will contribute to the City's tax base. The required development fees are deposited into the appropriate City accounts. The City Council has four alternatives: 1. Adopt a Resolution approving the Final PUD Plan and PUD Contract, and a Resolution approving the final plat and Development Contract for Fountain Hills 2nd Addition. 2. Deny the Resolutions approving the Final PUD Plan and the Final Plat for Fountain Hills 2nd Addition. 3. Defer this item until the developer provides City staff with signed copies of the contracts, or provide staff with specific direction. 4. Determine if a public hearing on the Final PUD Plan is warranted. If the City Council determines a public hearing should be conducted, direct staff to schedule a hearing and publish notice of the hearing as required by Minnesota statutes. The staff recommends Alternative #1. This requires the passage of the following two motions: 1. A motion and second to adopt a Resolution approving the final PUD Plan and PUD Contract for Fountain Hills 2nd Addition and authorizing the Mayor and City Manager to sign the Development Contract. 2. A motion and second to adopt a Resolution approving the final plat and Development Contract for Fountain Hills 2nd Addition and authorizing the Mayor and City Manager to sign the Development Contract. I :\02files\02subdivisions\02final plats\fountain2nd\finalcc.doc Page 6 /01- RESOLUTION O~ RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF "FOUNTAIN HILLS 2ND ADDITION" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: ,,"\y SECOND BY: M6 ., WHEREAS: On April 1, 2002, the City Council approved the preliminary plat known as Fountain Hills 2nd Addition, subject to conditions identified by Resolution 02-45; and WHEREAS: The City Council has found that the final plat of "Fountain Hills 2nd Addition" IS In substantial compliance with the approved preliminary plat for Fountain Hills 2nd Addition; and WHEREAS: The City Council has approved the final plat of "Fountain Hills 2nd Addition". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The final plat of "Fountain Hills 2nd Addition" is approved subject to the conditions set forth in this resolution. 3. The final plat of "Fountain Hills 2nd Addition" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper. d. Four mylar sets of the final plat with all required signatures be submitted. e. The developer provide financial security, acceptable to the City Engineer prior to release of the final plat mylars. f. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by September 17, 2002, will render the final plat null and void. 4. The Mayor. and City Manager are hereby authorized to execute the Development Contract on behalf of the City. Passed and adopted this 24th day of June, 2002. YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\02fi1es\02subdivisions\02final plats\fountain2nd\plat res.docAN EQUAL OPPORTUNITY EMPLOYER Page 1 PLANNED UNIT DEVELOPMENT FINAL PLAN RESOLUTION 02' lot RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN AS FOUNTAIN HILLS 2MD ADDITION MOTION BY: SECOND BY: WHEREAS: Wensmann Realty, Inc. has submitted an application for a Planned Unit Development Final Plan to be known as Fountain Hills 2nd Addition; and WHEREAS: The Prior Lake Planning Commission considered the proposed Final PUD Plan on May 28,2002; and WHEREAS, the Planning Commission found the Final PUD Plan to be 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 June 24, 2002; 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: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The City Zoning Ordinance specifies certain criteria be considered as part of evaluating a Planned Unit Development application. 3. The City Council hereby adopts the following findings: a) Greater utilization of new technologies in building design, materials, construction and land development. The developer has attempted to design the buildings so they fit the land, rather than force the land to fit the building design. The row houses along the outer ring of the development take advantage of the natural grade. b) Higher standards of site and building design. The density of this site is clustered on the west side of the site to avoid the wetland and the trees on the east end of the site. The units have also been placed as far north as possible to preserve the trees on the south boundary of the site. The utilization of private 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\02files\02puds\fountain hills 2nd final\pudres.doc AN EQUAL OPPORTUNITY EMPLOYER PAGE 1 streets in the townhouse portion of the development allows the preservation of the wetlands and some of the slopes and trees on this site. c) More efficient and effective use of streets, utilities, and public facilities to support high quality land use development at a lesser cost. Maintenance of private streets, including plowing and future repairs, is done by the homeowners association. This reduces City costs in providing services to these homes. d) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. As proposed, the developer provides a trail around the wetland. This trail will connect to the existing sidewalk on Fountain Hills Court and Fountain Hills Drive. e) Provides a flexible approach to development which allows modifications to the strict application of regulations within the various Use Districts that are in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The density and variety of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. f) Encourages a more creative and efficient use of land. The PUD allows the higher density areas to be clustered, and preserves open space. g) Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. The townhouse units are sited to take advantage of the natural terrain. h) Allows the development to operate in concert with a Redevelopment Plan in certain areas of the City and to insure the redevelopment goals and objectives within the Redevelopment District will be achieved. This criterion is not applicable. i) Provides for flexibility in design and construction of the development in cases where large tracts of land are under single ownership or control and where the use(s) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the homes and the use of private streets. j) Encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. There is no additional parkland dedication with this plan. k) The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by insuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities. The design creates a unified environment. The extension of the existing streets and provision of trails and sidewalks allows for efficient movement of traffic. Revision of the landscaping plan to meet the requirements of the Zoning Ordinance will also enhance this area. /) The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of 1:\02fi1es\02puds\fountain hills 2nd final\pudres.doc PAGE 2 ,.~... ......... .,-----_....-_.._~,."...~~~_.....,._.__..~~- ~- _._---<---,,--,._--~.,~-'--..... -- ~-,~--~-,.,.._._,-'...--- the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The use of the PUD will allow the clustering of the townhouse units and provide a transition from the commercial area on the west to the single family area on the east side of Pike Lake Trail. m) If a project for which PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shall demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases. The PUD will be completed in one phase. n) Approval of a PUD may permit the placement of more than one building on a lot. This is not applicable. 0) A PUD in a Residential Use District shall conform to the requirements of that Use District unless modified by the following or other provisions of this Ordinance. 1) The tract of land for which a project is proposed shall have not less than 200 feet of frontage on a public right-of-way; 2) No building shall be nearer than its building height to any property line when the property abutting the subject property is in an "R-1" or "R-2" Use District; 3) No building within the project shall be nearer to another building than ~ the sum of the building heights of the two buildings, except for parking ramps which may be directly connected to another building; and 4) Private roadways within the project site may not be used in calculating required off-street parking spaces. The modifications requested by the developer include the following: · The use of private streets. Normally, a development of this type would require a minimum right-of-way width of 50' and a 28' to 30' wide surface. The developer is requesting a 28' wide private street. The additional 22' of right-of-way would be accommodated by the use of easements adjacent to the private road. The use of private streets in this case · Reduced front yard setbacks on the private streets. The conventional setback requirement is 30' from the right-of-way line. The developer is requesting a 22' front yard setback, measured from the building face to the curb of the private street, and a 14' front yard setback, measured from the second-floor deck to the curb of the private street. · Reduced setbacks between buildings. The required separation between buildings under the PUD provisions is ~ the sum of the heights of the buildings, or 35' in this case. The developer is requesting a 25' separation between the buildings. · Exterior building materials. The Zoning Ordinance normally requires Class I building materials on buildings with more than 4 units. Class I materials primarily consist of brick, marble, granite, textured cement stucco and glass. On buildings with 4 or fewer dwelling units, vinyl siding is a Class I material. These modifications are permitted under the PUD provisions at the discretion of the Council. The City Council found these modifications to be consistent with the goals and intent of the PUD criteria in that they allowed the clustering of the townhouses to preserve the natural terrain. The City Council also found the modification to the exterior materials appropriate since it is consistent with the goals of the Comprehensive Plan to provide a variety of housing styles. 4. The Planned Unit Development Final Plan is hereby approved subject to the following conditions 1:\02files\02puds\fountain hills 2nd finaJ\pudres.doc PAGE 3 a) The Final Plat and Development Contract must be approved by the City Council. b) The Final PUD Plan and PUD Development Contract must be approved by the City Council. c) The developer must continue to work with the City to develop street names for the private streets. d) Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official PUD record. The second set will be returned to the developer for their files. 5. The Mayor and City Manager are hereby authorized to execute the PUD Development Contract on behalf of the City. Passed and adopted this 24th day of June, 2002. Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska YES NO {Seal} Frank Boyles, City Manager 1:\02fi1es\02puds\fountain hills 2nd final\pudres.doc PAGE 4