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Home My WebLink About8D - Affordable Housing MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 17, 2000 80 JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION OO-XX APPROVING THE CONDITIONAL USE PERMIT FOR A MULTI-FAMILY DWELLING FOR AFFORDABLE HOUSING SOLUTIONS INC. ON PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF TOWER STREET AND TORONTO AVENUE History: On April 17, 2000 the City Council heard a request for a Conditional Use Permit to allow the construction of a 43 unit multi- family dwelling. The Council specifically raised four issues to be addressed. The issues were (1) storm water run-off alternatives, (2) installation of a sidewalk along Tower Street, (3) providing fencing at the top of retaining walls, and (4) reducing left turns in and out by providing an exit only drive on Toronto Avenue and an entrance/exit driveway on Tower Street. On June 5, 2000, the Council reviewed the developer's ideas about these issues. The developer agreed to provide a sidewalk along Tower Street and a fence along the top of the retaining wall. The developer also redesigned the parking area to accommodate a one- way, entrance-only access from Tower Street and a one-way, exit-only access onto Toronto Avenue. The City Council also discussed the options for handling stormwater runoff from this site. The staff presented two options to address the storm water management concerns raised by the Council. The two options are: Option A: Divert stormwater under the intersection to the proposed Post Office site. Ponding is a part of the Post Office's overall site plan. An easement for use of the property for ponding and drainage would be required to be obtained by the developer. Option B: Construct a storm sewer line running west along Tower Street to the City's pond located south of the street. f~8~~aOg1W'~Pe~lP)\e~p~r, Prior Lake. Minnesota 55372-1714 / Ph_ (612) 447-4230 / P~g~ \612) 447-4245 A'i EQUAL OPPORTUNITY EMPLOYER 80th of these options create a cost to the City. Option A would cost an estimated $44,000. The City's share would be $35,200 and the developer's share would be $8,800. Option 8 would cost an estimated $100,000 with the City's share being $80,000 and the developers share $20,000. Decisions regarding resource allocation and priority of improvement projects is a discretionary decision. The Council may factor these costs into its decision concerning the proposed development. In either case, options for financing are flexible. The developer could pay the entire costs up front, enter into a developers agreement, and be reimbursed by the City for improvements affecting other property owners. Another option would allow the developer and other affected property owner's to petition for public improvements. The developer has expressed the first alternative as the most viable for resolving the situation at this time, as the developer represents that it is likely an easement can be obtained from the Post Office property owners. If an easement cannot be obtained, the alternative would be to wait until the Post Office site is developed or to proceed with the second alternative. Resolution of the storm water issue would be required prior to the issuance of any type of permit required to develop the property, including but not limited to grading permits and building permits. Current Circumstances: The City Council discussed the two options relating to storm water management at some length. The Council determined either option is an acceptable means to manage the storm water from the development property. However, Option 8 is of more cost to the City and the City has not presently programmed the improvement or the expenditures associated with Option 8 in its capital planning. Therefore, the City Council has determined that the City share of the costs should be capped at $35,200.00. The Council also indicated the stormwater improvements should be in place, or at least under construction, before a building permit is issued for the building. The Issues: The remaining issue surrounding this development is the timing of the improvements. The Council directed staff to prepare a resolution approving the Conditional Use Permit, and developing a staging plan for the timing of this project. The staff suggests the following sequence of events: 1. The Developer records the resolution approving the Conditional Use Permit with the Scott County Recorder. 2. The Developer prepares plans and specifications addressing all the Engineering and Planning issues for review and approval by City sta ft. 3. The City Council reviews the final plans and approves a Development Contract outlining the required improvements. 1:\OOfiles\OOcup\OO-O 1 O\ccrept.doc Page 2 4. The developer provides to the City an appropriately executed easement agreement for storage of stormwater on the Post Office site. 5. A grading permit is issued and all storm water improvements on and off-site must be completed prior to issuance of a building permit. In lieu of completion of this work, the developer may submit a LOC for 125% of the cost of improvements with the building permit. 6. A building permit is issued and construction begins. 7. All work is completed and the City issues a Certificate of Occupancy. This sequencing allows the developer to move forward with the preparation of plans and specifications with some commitment that the project will proceed. It also ensures the necessary improvements are, at a minimum, under construction before a building permit is issued. The improvements must be completed before the building is occupied. Conclusion: The attached resolution outlines the conditions of approval of the Conditional Use Permit and the sequencing of the approval process. The staff and the City Attorney have reviewed the attached resolution. It should be noted the developer has provided revised plans which already address some of the conditions listed in the resolution. FISCAL IMPACT: Budget Impact: The construction of the building will add tax base to the City. Under Council direction, the City cost of any alternative for the construction of storm water improvements will be capped at $35,200.00. The City's portion of the improvement could come from the Storm Drain Utility and/or Trunk Funds. ALTERNATIVES: The City Council has three alternatives: 1. Adopt Resolution OO-XX approving the Conditional Use Permit subject to the listed conditions. 2. Direct staff to prepare a resolution denying the Conditional Use Permit with specific findings of fact. 3. Continue the request and direct staff to provide additional specific information. RECOMMENDED MOTION: Staff recommends Alternative #1. A motion and f,econd adopting Resolution #OO-XX approving the Co ditional se:Permit subject to the listed conditions. I,; REVIEWED BY: / i Frank B~y es; qty Manager 1:\OOfiles\OOcup\OO-O IO\ccrept.doc \....;/ Page 3 CONDITIONAL USE PERMIT RESOLUTION OO-XX APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TOWER STREET AND TORONTO AVENUE FOR AFFORDABLE HOUSING SOLUTIONS, INC. MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted public hearings on February 28, 2000, March 13, 2000, and March 27, 2000, to consider an application from Affordable Housing Solutions Inc. for a Conditional Use Permit (CUP) to allow the construction of a multi- family dwelling; and WHEREAS, Notice of the public hearing on said application for a CUP has been duly published in accordance with the applicable Prior Lake Ordinances and State Statute; and WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP for Affordable Housing Solutions Inc.; and WHEREAS, On April 17, 2000, the City Council reviewed the request and continued the item to allow the applicant the opportunity to address four specific issues raised by the City Council pertaining to the Conditional Use Permit application; and WHEREAS, the Planning Commission and City Council find the CUP for a 43 unit multi-family dwelling located at the south east intersection of Tower Street and Toronto Avenue for Affordable Housing Solutions Inc. is in harmony with existing development in the area surrounding the project; and WHEREAS, the four issues raised by the City Council include 1) alternatives for storm - water run-off, 2) providing a sidewalk along Tower Street, 3) 16200 E~~~fi~f~~<1f~0~~-~1~\r~~g~~~~e. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612f~d7-4245 A~ EQh\L OPPORTl:NITY EMPLOYER .-, -._.+-_._-"'_.---"-~T--..'-~--"---_..~'<_. providing fencing along the top of the retammg walls, and 4) redesigning the parking area to reduce left turns in and out of the site onto Toronto Avenue; and WHEREAS, on June 5, 2000, the applicant addressed these issues to the satisfaction of the City Council; and WHEREAS, the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 and Section 1102.703 (1) Multi-family Dwellings (Uses Permitted with a Conditional Use Permit of the Zoning Ordinance). NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals setforth above are incorporate herein as if fully setforth. 2. The Conditional Use Permit applies to the following legally described property: Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof 3. The City Council hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. e) The use subject to conditions as setforth herein, will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. j) The use subject to conditions as setforth herein is compatible with the general welfare, public safety and neighborhood character. 4. The Conditional Use Permit is hereby approved subject to the following conditions 1:\OOfiles\OOcup\OO-O 1 O\resOOxx2.doc Page 2 a) The developer agrees to manage the storm water run-off from the site by either one of the following solutions: i) Diverting the run-off to a ponding and drainage area on to a site located at the corner of Toronto and Tower Streets that is the subject of a Purchase Agreement between Neil Boderman and the United States Postal Service ("Post Office Property ") the proposed post office site. ii) Constructing a storm sewer line west along Tower Street to the City's NURP pond located south of Tower Street. b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that regardless of which option the applicant elects, the City's share of the improvement is not to exceed $35,200.00. 1 -A c) The developer must submit all necessary plans for the stormwater improvements to the City staff for approval. d) All necessary easement documents related to storage of stormwater drainage on the Post Office property must be approved by the City Attorney. e) The developer must enter into the City's standard development contract for the installation of the necessary improvements prior to issuance of any type of permits. f) A grading permit must be issued and all stormwater improvements on and off-site must be completed prior to issuance of any building permit. In lieu of completion of this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOC for 125% of the cost of improvements with the building permit. The Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. g) Sidewalk must be installed along the property line on Tower Street. h) A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. i) The parking lot must be redesigned to allow an entrance-only driveway from Tower Street and an exit-only driveway onto Toronto Avenue. j) Four additional shrubs must be planted in the bufferyard required along 170th Street. k) An Irrigation Plan must be submitted. I) The following issues in the engineering memo dated March 1, 2000 must be addressed. 1:\OOfiles\OOcup\OO-O 1 0\resOOxx2.doc Page 3 - ,-,- -'-.-'--------or-~-~----.--.----"'-.,"'--,--.___ i) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. ii) Show the location of the rock construction entrance on the plan. m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. 0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufferyard on the east side (170th Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning Ordinance, must be signed by the applicant and all property owners. q) The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. 5. The development of this site will occur according to the following schedule: a) The Developer records the resolution approving the Conditional Use Permit with the Scott County Recorder. b) The Developer prepares plans and specifications addressing all the Engineering and Planning issues for review and approval by City staff. c) The City Council reviews the final plans and approves a Development Contract outlining the required improvements. d) The developer provides the City with an easement agreement executed by the appropriate parties, as required pursuant to the Paragraphs 4(a) and 4(d). e) A grading permit is issued and all storm water improvements on and off- site must be completed prior to issuance of a building permit. In lieu of completion of this work, the developer may submit a LOC. for 125% of the cost of improvements with the building permit. f) A building permit is issued and construction begins. g) All work is completed and the City issues a Certificate of Occupancy. 6. Based upon the Findings and Conditions set forth above, the City Council hereby grants a Conditional Use Permit for Affordable Housing Solutions Inc. The 1:\OOfiles\OOcup\OO-O 1 0\resOOxx2.doc Page 4 contents of Planning Case File #00-010 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 17th day of July, 2000. YES NO Mader Ericson Gundlach Petersen Vacant Mader Ericson Gundlach Petersen Vacant {Seal} City Manager, City of Prior Lake 1:\OOfiles\OOcup\OO-O 1 0\resOOxx2.doc Page 5 ..,.-.........-,...--.-- ~,.' . ....-.~. --~..~,. .......-.~,.~..'^'..""----_.."+._--'---"...~.....__.,-~---........-..--_._..------,--~_.".-_..,._..,~..._,_.,,,... ASSENT OF APPLICANT File # As Approved by Resolution # The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.200 of the Prior Lake Ordinance Code provides as follows: 1108.211 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.212 After One Year, No Construction Required. All Conditional Use Permits shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year. New Construction Required. All Conditional Use Permits shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land, or land and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed revoked and canceled upon the occurrence of any of the following events: L:\DEPTWORK\BLANKFRM\ASENTCUP.DOC 1 16200 Eagle Creek Ave, S_E., Prior Lake, Minnesota 55372-1714 / Ph_ (612) 447-4230 / Fax (612) 447-4245 A'i EQUi\L OPPORTl'NITY EMPLOYEE (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Conditional Use Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DATE SIGNATURE OF APPLICANT SIGNATURE OF OWNER ADDRESS OF PROPERTY L:lDEPTWORK\BLANKFRM\ASENTCUP.DOC 2 ."..-.,.,.----"......~.__...--.......,.....-.,~,...,-~"'~.~--'-""...._.'M.""_' ..,_..._.,.'.~.,~~,~.~,~._ ., ,', .-...___,.~__._."".."_,..__.. M '''.,_~, ,.. .,.._,..~..._~----.......-~-----~-'-~._._-----_.-