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HomeMy WebLinkAbout8I - Eagle Creek Villas MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: INTRODUCTION: CITY COUNCIL AGENDA REPORT SEPTEMBER 18, 2000 81 JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF THE FOLLOWING ITEMS: <3 1) ORDINANCE OO_APPROVING A ZONE CHANGE REQUEST BY EAGLE CREEK VILLAS, LLC, AND FREEDOM DEVELOPMENT AND CONSULTING FOR PROPERTY DESCRIBED AS LOTS 2, 3, & 4, BLOCK 2, HOLLY COURT ~q 2) RESOLUTION OO~ APPROVING AN AMENDMENT TO PUD 82-12 (pRIORWOOD PUD) 3) RESOLUTION OO-~PROVING A PRELIMINARY PLAT TO BE KNOW S CREEKSIDE ESTATES FOR THE PROPERTY LOCA D IN SECTION 2, TOWNSHIP 114, RANGE 22 ~~ Eagle Creek Villas, LLC, and Freedom Development and Consulting have filed applications for the development ofthe property located at the northwest quadrant of the intersection of Five Hawks Avenue and Priorwood Street, directly north of Five Hawks School. This request consists of the three separate applications described below: 1) The first application is a request is to rezone approximately 45,000 square feet of property described as Lots 2, 3 and 4, Holly Court from the R-3 District to the R-4 District. 2) The second application is an amendment to the approved plan for the Priorwood Planned Unit Development (PUD 82-12) to develop the site with 102 units of senior housing and to add an additional one acre ofland (the Holly Court property). 3) The third application is a request for approval of a preliminary plat for this site, consisting of 12.7 acres to be subdivided into 3 lots and one outlot. The three applications, referred to collectively as the "project", are being processed concurrently since much of the same information is required for each application. 1:\00files\OOsubdiv\prep1at\creek2\creek2cc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , PUBLIC REVIEW: The Planning Commission held a public hearing to consider the proposed project on July 10,2000. There were several outstanding key issues pertaining to the proposed development. These included wetland delineation, inconsistency ofthe plans, setback and height requirements, and landscaping requirements. The Planning Commission continued the public hearing to allow the developer to address the outstanding issues. On August 14,2000, the Planning Commission considered revised plans for the project submitted by the applicant. The revised plans addressed some, but not all, of the outstanding issues. The Planning Commission felt this proposal could proceed subject to several conditions. The draft minutes of the July 10,2000 and August 14, 2000 Planning Commission meetings are attached to this report. On September 5,2000, the City Council held a workshop to discuss the three applications and the outstanding issues as they relate to the project. REPORT FORMAT: This report is formatted differently than most Council agenda reports. First, the report addresses the rezoning application, the criteria to be considered and the staff and Planning Commission recommendation. The rezoning is necessary in order to consider the PUD and the preliminary plat. The second part ofthe report addresses the preliminary PUD plan and the preliminary plat applications. These applications are considered simultaneously since the information and analysis is essentially the same. The report addresses the details of the proposal, the criteria to be considered and the staff and Planning Commission recommendation. Finally, the report discusses the budget impacts and the City Council alternatives. REZONING: The area included in the rezoning application is described as Lots 2, 3 and 4, Block 2, Holly Court, and is approximately 45,000 square feet in area. This land is currently zoned R-3 (Medium Density Residential). The developer is requesting this area be zoned R-4 (High Density Residential). Section 1108.600 of the Zoning Ordinance identifies the following policies for amendments to the Official Zoning Map: 1:\OOfi1es\00subdiv\preplat\creek2\creek2cc.doc Page 2 PRELIMINARY PUD PLAN AND PLAT: . The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan, or the land was originally zoned erroneously due to a technical or administrative error, or . The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelopment of the area, or . The permitted uses allowed within the proposed Use District will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. This proposal meets the first criteria. Earlier this year, the City Council and the Metropolitan Council approved an amendment to the Comprehensive Plan to designate this property R-HD (High Density Residential) on the 2020 Comprehensive Plan Land Use Map. The R- 4 district is consistent with this designation. Since the proposed R-4 district is consistent with the Comprehensive Plan designation ofthis property, the staff and the Planning Commission recommend approval of this request. Attached to this report are the revised plans for this development, submitted August 30,2000. The plan proposes 102 units on a total of 12.7 acres. Density is based on the buildable acres of the site, or in this case on 9.2 net acres. The overall density of the proposed PUD plan is 11 units per acre. The following is an analysis ofthe plan and the way in which it meets ordinance requirements. Total Site Area: The total area of this site is 12.7 acres. Approximately 3.5 acres of the site is wetlands, for net area of9.2 acres. Existin2 Use: This site is presently vacant land. The school district has been using a portion ofthe land as an outdoor learning center. The eastern portion ofthis site was graded in 1997. The western portion of the site is wooded. The project is subject to the Tree Preservation requirements of the Zoning Ordinance. The applicant has submitted an inventory of the significant trees on the site, which identifies more than 9,108 caliper inches of significant trees. Top02raphy: This site generally drains to the southwest towards the wetland located on the western half of the property. When the original preliminary plat for this site was approved, the developer graded a portion of the site and created a stormwater pond adjacent to this wetland. A small part of the site drains north to the wetland located north of this property. 1:\00files\OOsubdiv\preplat\creek2\creek2cc.doc Page 3 T Adjacent Land Use, Zonin2 and Comprehensive Plan Designation: The property to the west ofthis site is developed with single family homes, is zoned R-l (Low Density Residential) and is designated for R-LIMD (Low to Medium Density Residential) uses. The property to the east is developed with townhouses zoned R-2, and is designated as R-LIMD. To the south of this site is Five Hawks School, zoned R-l and designated for R - LIMD uses. Also to the south is the existing portion ofthe Priorview PUD, zoned PUD 82-12, and designated as R- HD. To the north of this site are single family homes and townhouses, zoned R-3 and designated for R-LIMD uses. Comprehensive Plan Designation: This property is designated for R-HD (High Density Residential) uses on the 2020 Comprehensive Plan Land Use Map. The proposed development is consistent with the designation. Access: Access to the site is from Five Hawks Avenue and Priorwood Street. LotS: The preliminary plat consists of 3 lots for the multifamily buildings and one outlot. This outlot is 8.19 acres in area and will remain as open space. The status of this outlot is discussed more thoroughly under the Parkland Dedication section. Building Styles: The proposed plan calls for one 54-unit congregate senior housing building and two 24-unit senior condominium buildings. The 54-unit building consists of 1 and 2 bedroom apartments, a common library and a common party room. This building also includes 54 underground parking stalls. The building is 3 stories in height, and uses jumbo brick and steel siding as the exterior finish. The two 24-unit buildings consist of2 and 3 bedroom units with exterior decks or patios, as well as 24 underground parking spaces in each building. These buildings are also 3 stories in height and use steel siding as an exterior finish. Congregate Housing Requirements: In order to qualify as elderly housing, at least 60% of the units in the 54-unit building must be occupied by single persons at least 60 years of age, or by couples with one or both being at least 60 years of age. The property owner must record a covenant to run with the land in a form approved by the City which restricts the use of the property to occupancy by the elderly. The development must also provide a lounge or other indoor community rooms in a size equal to 15 square feet per unit. The proposed 54-unit building includes a library and party room equaling 1: \OOfiles\OOsubdiv\preplat\creek2\creek2cc.doc Page 4 \ \\2 ~66 square reet in area, which exceeds the minimum requirement. The YV" developer has not provided any covenants for review. In his It comments, dated August 1, 2000, he notes he will submit a copy ofthe Tax Exempt Housing Revenue Bonds and the tenant handbook to meet this criterion; however, these items will not be sufficient to meet the requirement for recorded covenants on the lots. Setbacks: The setbacks for a multifamily building are based on the height ofthe building, as well as the length of the building. The 24-unit building is 31' tall and 193' long. The required and proposed setbacks for this building are as follows: YARD SETBACK PROPOSED Lot 1 Lot 2 Front 31' 20' 70' Side Street 31 ' 31 ' NA Side 15.5' NA 15' & 20' Side Adjacent 38.8' 20' NA to R-3 District Rear 25' NA 36' (31' where adjacent to R-3) Wetland 30' from 100 year flood 30' 30' elevation Parking Lot 15' from back of curb 15' 15' Neither of the buildings on Lot 1 or 2 meet all the required setbacks. As noted in the attached narrative, the developer is requesting a modification to some of the setback requirements. The 54-unit building on Lot 3 appears to be 36' high and is 175' long on the east side and 215' long on the south side. The required and proposed setbacks for this building are as follows: YARD SETBACK PROPOSED Front 36' 25' Side Street 36' 25' Side 16.6' 55' Rear Adjacent to 36' 25' R-2 District Wetland 30' from 100 year flood 19'-20' elevation Parking 15' from back of curb 15' This building also does not meet all of the required setbacks. The developer has also requested a modification to these setbacks. 1:\00files\OOsubdiv\preplat\creek2\creek2cc.doc Page 5 , Parking lots are also subject to the required setbacks. None of the proposed parking lots meet the minimum setbacks. The developer has also requested modifications to this requirement. Setback Modifications: In a PUD, the applicant may request certain modifications to certain provisions of the Zoning Ordinance. As a part of this application, the developer has requested modifications to the setback requirements to allow the proposed setbacks for the buildings and the parking lots as shown above. Ground Floor Area Ratio: The maximum ground floor area is 0.35. The ground floor area proposed on Lot 1 is 0.25, on Lot 2 it is 0.22 and on Lot 3 it is 0.33. Usable Open Space: Multifamily dwellings must have a minimum useable open space of 400 square feet per unit, and no more than 50% of the required space can be located in the front yard. Usable open space is defined in the Zoning Ordinance as "a required ground area or terrace on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all person occupying a dwelling unit or a rooming unit on the lot and their guests. Usable open space has a minimum dimension of 30 feet. Roofs, driveways and parking areas do not constitute usable open space." In addition, the Zoning Ordinance requires a minimum of 25% of the usable open space for congregate or elderly housing be developed as outdoor recreation or garden area. The revised plan sheets graphically identify the open space on each lot. On Lots 1 and 2, several square feet of the open space is located within a wetland. On Lot 3, most of the open space is within the front yard. This proposal does not meet the minimum requirements for usable open space. The PUD provisions of the Zoning Ordinance allow the City Council to approve a modification to this requirement; however, the developer has not requested such a modification at this time. Parkine: Multifamily dwellings require 2 parking spaces per unit. Elderly (congregate) housing requires 0.5 parking spaces per unit. The proposal provides at least 48 spaces for each of the 24-unit buildings (2 per dwelling unit), which is consistent with the minimum Zoning Ordinance requirements. There are 96 spaces (1.7 per unit) provided for the 54-unit building. This is also consistent with the minimum ordinance requirements. The Building Official has also noted the Building Code requires 2 parking spaces for commuter vans at each building. 1:\00files\00subdiv\prep1at\creek2\creek2cc.doc Page 6 Landscapin2: Section 1107.1900 of the Zoning Ordinance lists the landscaping requirements for this development. There are two different types oflandscaping required for this development. First of all, perimeter landscaping is required at a rate of 1 tree per unit. Second, a Bufferyard Type "C" is required along the east property line. A Bufferyard Type "B" and a 30" berm are required where the parking lots are adjacent to the road. The developer has submitted a landscaping plan that identifies landscaping on this site. However, the plan does not meet the minimum requirements, nor does it indicate whether an irrigation system will be provided. If an irrigation system is proposed, an irrigation plan must be provided. The ordinance also requires the landscape plan be prepared and signed by a registered landscape architect. Tree Replacement: The applicant has submitted an inventory identifying 9,108 caliper inches of significant trees on the site. The tree inventory and removal plan indicate 22.6% ofthe significant caliper inches will be removed for building pads and 6.7% of the significant caliper inches will be removed for roads and utilities. This meets the removal percentage allowed in the Zoning Ordinance. Si2ns: The revised proposal includes two monument signs of 48 square feet. This is consistent with the Zoning Ordinance, which allows two monument signs of 50 square feet at each major entrance to the development. The Zoning Ordinance also allows an individual nameplate signs of 6 square feet for each building. The sign plan does not indicate any nameplate signs. Li2htin2: Street lights will be provided on the public streets. The developer has also provided lighting for the parking lots. This lighting will most likely meet the ordinance requirements; however, the developer must provide a lighting plan identifying the foot-candles to allow staff to make this determination. Streets: This plan proposes one new public street. Tranquility Court is a 335' long cul-de-sac located at the intersection ofPriorwood Street and Five Hawks Avenue. The street has a 60' wide right-of-way and a 32' wide surface. This street provides access to all ofthe proposed lots. Included in this site is 66' wide road and utility easement extending from Five Hawks Avenue on the south to Five Hawks Avenue on the north. This proposal does not include the extension ofthis street, but it does maintain the right-of-way. 1:\OOfi1es\00subdiv\preplat\creek2\creek2cc.doc Page 7 , Sidewalks/Trails: This plan includes a trail connection from Five Hawks Avenue on the south to Five Hawks Avenue on the north. This trail is separate from the nature trails around the pond. A portion of this trail has been graded, although it is not completely within the existing road easement. The developer has provided a plan for the extension of the trail and the pedestrian bridge to the north. The trail system, however, is not located within the existing road easement. Parks: This proposal does not include any parkland. Section 1006.800 of the Subdivision Ordinance lists the parkland dedication criteria. This section allows the dedication requirement to be satisfied in one of three ways: 1. A land dedication equal to 10% of the gross land area (in this case, 1.27 acres). 2. A cash dedication in lieu ofland equal to 10% of the gross land area times $13,000 per acre (in this case, $16,510.00). 3. A combination of cash and land satisfying the above requirements. The decision to accept land, cash or some combination of the two is at the discretion of the City. If the Council elects to take the land, the characteristic ofthe land to be dedicated is subject to specific criteria. As the attached table shows, only dry upland with slopes of less than 10% qualifies for 100% dedication credits. Unstable land with slopes of less than 10% receives 50% credit, unstable land with slopes greater than 10% receive 25% credit, and wetlands or ponds receive no credit. Outlot A includes a total of 8.19 acres. However, a road easement within this parcel includes 0.69 acres, and there are 2.84 acres of wetlands. This leaves a total of 4.66 acres of upland. The characteristics of this 4.66 acres is shown in the table below: Land Characteristic Acres Dedication Total Acres Credit % Dry upland with slopes less 0.31 100% 0.31 than 10% grade Dry upland with slopes greater 4.35 25% 1.09 than 10% grade Total Acres Qualifying for Land Dedication 1.4 As this table shows, even ifthe developer were to dedicate all of Outlot A as park, only 1.4 acres actually qualifies for parkland dedication. At the public hearing, the Planning Commission suggested Outlot A be counted towards parkland dedication. In order to accomplish this, staff 1:\00files\00subdiv\preplat\creek2\creek2cc.doc Page 8 ~. ~~ suggests the outlot be dedicated as park. This will ensure public ownership of this area, and that the area remain open space. The City and the School District can also enter into an agreement to allow the School District to utilize this park for trails and a nature center. The agreement can outline maintenance and development responsibilities. The City and the School District previously entered into this type of agreement for the parkland adjacent to Five Hawks School. The developer has advised staff he desires' to dedicate this property directly to the School District for tax purposes. Were he to do this, a cash dedication of$16,51O.00 in lieu ofland would be required to fulfill the parkland dedication requirements. The developer could then gift this outlot directly to the School District. The developer would also be required to submit the following: 1. The developer would be required to dedicate a drainage and utility easement over the wetlands and ponds on Outlot A. 2. The developer would be required to submit a walkway easement for the trail located outside of the existing right-of-way easement. 3. The developer would be required to record a covenant or deed restriction on this lot with the Scott County Recorder in a form acceptable to the City Attorney. The purpose ofthe covenant or deed restriction would be to ensure this outlot remain open space. , J Xhis would also h~ve }o 1;>e lI!.clqd.ed within the PUD agreeme?t., I )J (. ~fUl('J fJ.t f'brk../~ dc.J,.,(:.iJtI(J~ I~ (~jl.\nd,;"" wH.~-tL...)-WvJ f . From earlier City Council discussions, it appears the Council desires a land dedication rather than a cash dedication. The approving resolution has been drafted accordingly. Sanitary Sewer and Water Main: Sanitary sewer will be extended from the existing line located along the east property line. Water main will be extended from the existing utilities located in Five Hawks Avenue to the south. Storm Sewer: A stormwater pond was created adjacent to the wetland in the west half of this site. The plan identifies catch basins and storm sewer within the parking lots to direct runoff to this pond. Traffic Study: The developer submitted a traffic study, prepared by Benshoof and Associates, for this development. This study indicates the proposed development will add a total of 334 daily trips to the adjacent streets, with 60% of the trips utilizing Priorwood Street and 40% utilizing Five Hawks Avenue. The study does not anticipate a decrease in the level of service on either ofthese streets, or at the intersections. The study does recommend the placement of stop signs on the north leg of Five Hawks Avenue and on the south leg of the proposed Tranquility Court, and the placement ofwaming signs on 1:\00fi1es\OOsubdiv\prep1at\creek2\creek2cc.doc Page 9 , PUD PRELIMINARY PLAN CRITERIA: Priorwood Street and Five Hawks Avenue to address safety issues. The City hired WSB & Associates to review this study. WSB noted the proposed stop sign configuration would be very confusing. They recommended the configuration either be an "all-way stop" configuration or, due to the relatively small traffic levels, remain an uncontrolled intersection. Phasin2: This project is proposed to be completed in one phase, beginning construction in 2000 and ending in 2001. The PUD must be reviewed based on the criteria found in Section 1106.100 and 1106.300 of the Zoning Ordinance. Section 1106.100 discusses the purpose of a PUD. These criteria are discussed below. (1) Greater utilization of new technologies in building design, materials, construction and land development. The proposed development utilizes underground parking areas to allow more efficient use of the land. The clustering ofthe structures also allows preservation of the wetlands and wooded areas on the site. However, the developer does not meet the minimum requirement of 60% Class I materials on the 24-unit buildings. (2) Higher standards of site and building design. The clustering of the buildings allows for the preservation of the natural amenities on this site. (3) More efficient and effective use of streets, utilities, and public facilities to support high quality land use development at a lesser cost. This development includes one cul-de-sac providing access to all of the units. The property owner will maintain the parking areas and internal road systems. (4) 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. The preservation and dedication of the western portion of the site as parkland and the use as of this site a nature area provide an amenity that can be utilized by the public. The trail connection from Five Hawks Avenue on the south to Five Hawks Avenue on the north will provide a link to the public park system. (5) Provides a flexible approach to development which allows modifications to the strict application of regulations within the I: \00files\OOsubdiv\preplat\creek2\creek2cc.doc Page 10 various Use Districts that are in harmony with the purpose and intent of the Citys Comprehensive Plan and Zoning Ordinance. The use of the PUD allows the higher density to be clustered on the portion of the site previously graded. The density and type of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. (6) Encourages a more creative and efficient use of land. As noted above, the PUD allows the higher density areas to be clustered, and preserves open space. (7) Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. Clustering the units does allow the preservation of some of the wooded areas on the site. The plan must address the landscaping and bufferyard requirements ofthe ordinance. (8) 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. (9) 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 users) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the buildings and the preservation of the natural amenities on the site. (10) 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. While the plan proposes the conveyance of Outlot A to the School District for use as a nature area, the staff recommends this area be dedicated as park. No additional density has been requested. Section 1106.300 states the quality of building and site design proposed by the PUD will enhance the aesthetics ofthe site and implement relevant goals and policies ofthe Comprehensive Plan. In addition, the following criteria shall be satisfied: (1) 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 1:\OOfi1es\OOsubdiv\preplat\creek2\creek2cc.doc Page 11 T landscape and site features, and efficient use and design of utilities. The designs of the buildings are similar in nature. The use of Class I materials will increase the value of this design. Revision of the landscaping plan to meet the requirements of the Zoning Ordinance will also enhance this area. (2) 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 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 preserve the area directly adjacent to the single family homes, and will allow the creation of a trail between the existing streets. (3) 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. This project is proposed to be completed in one phase. (4) Approval ofa PUD may permit the placement of more than one building on a lot. This is not applicable. Each building is proposed on an individual lot. (5) 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. a. 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. b. No building shall be nearer than its building height to any property line when the property abutting the subject property is in an "R-J" or "R-2" Use District. c. 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. d. Private roadways within the project site may not be used in calculating required off-street parking spaces. The developer has requested modifications to the setback requirements. The staff analysis has indicated the proposal does not meet the usable open space requirements of the Zoning Ordinance. 1:\OOfi1es\OOsubdiv\preplat\creek2\creek2cc.doc Page 12 PRELIMINARY PLAT CRITERIA: CONCLUSION: The preliminary plat is generally consistent with the Subdivision Ordinance requirements. The City Engineering staff has reviewed the revised plans and has identified several issues that still need to be addressed. These comments are attached. The Planning Commission concluded the project could proceed with several conditions. The revised plans submitted on August 30, 2000, addressed some ofthe conditions suggested by the Planning Commission. The following conditions reflect the remaining items to be satisfied. 1. Outlot A must be dedicated as parkland on the plat. 2. The plan must be revised to provide the required usable open space. 3. The lighting plans for the parking lots must include a design of the light fixture and a luminaire calculation to ensure the ordinance requirements are met. 4. The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species of the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. 5. The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. 6. All issues identified by the Engineering staff must be addressed prior to final plan approval. 7. The issues identified in the memorandum from Robert Hutchins, Building Official must be addressed prior to final approval. 8. An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 9. Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of the preliminary PUD plan by the City Council. The Planning Commission and the staff recommend approval of this proposal. The attached resolutions identify the conditions of approval that must be met prior to final plat approval. 1:\OOfiles\00subdiv\preplat\creek2\creek2cc.doc Page 13 , FISCAL IMP ACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Rudgpt Impart. There is no budget impact as a result of this action. Approval of the project will facilitate the development of the area and increase the City tax base. The City Council has three alternatives: 1. Adopt Ordinance OO-XX approving the zone changes as requested, adopt Resolution OO-XX approving the PUD Preliminary Plan subject to the listed conditions, and adopt Resolution OO-XX approving the Preliminary Plat for this development subject to the listed conditions, with the finding that the preliminary plat is consistent with the intent and purpose of the Comprehensive Plan and the Zoning and Subdivision Ordinances. 2. Deny the rezoning, the PUD Preliminary Plan, 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 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 deadline for action on this application expires on October 20, 2000. The City Council must take action prior to that date or the applications are automatically approved. If the Council would like to defer action beyond that date, the applicant must sign a waiver of this deadline. The staff recommends Alternative #1. This action requires the following motions: 1. A motion and second adopting Ordinance 00- XX rezoning approximately I acre from the R-3 (Medium Density Residential) District to the R-4 (High Density Residential) district. Approval of this ordinance requires a 4/5 vote of the City Council. 2. A motion and second adopting Resolution OO-XX approving a Planned Unit Development Preliminary Plan to be known as Creekside Estates subject to the listed conditions. 3. A motion and second adopting Resolution OO-XX approving a Preliminary PI to be known as Creekside Estates, subject to the listed c diti 1:\OOfi1es\OOsubdiv\prep1at\creek2\creek2cc.doc Page 14 ACTION ITEM #1 tj'-o CITY OF PRIOR LAKE ORDINANCE NO. OO~ <3 AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE The City Council ofthe City of Prior Lake does hereby ordain: 1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 1101.700, is hereby amended to change the zoning classification of the following legally described property from R~3 (Medium Density Residential) to R-4 (High Density Residential). LEGAL DESCRIPTION: That part of Block 2 and part of Holly Circle of vacated HOLLY COURT according to the recorded plat thereof in Government Lot 2, Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at the northeast corner of Lot 4 of said Block 2; thence on an assumed bearing of South 00 degrees 45 minutes 06 seconds West along the east line of said Block 2 a distance of 147.15 feet to the southeast corner of said Block 2; thence North 88 degrees 04 minutes 10 seconds West along the south line of said Block 2 a distance of 300.05 feet to the southwest corner of said Block 2; thence North 00 degrees 45 minutes 06 seconds East along the west line of said Block 2 a distance of 144.29 feet to the northwest corner of Lot 2 of said Block 2; thence North 86 degrees 23 minutes 51 seconds East along the north line of said Lot 2 of Block 2 a distance of 99.46 feet to the northeast corner of said Lot 2; thence South 88 degrees 39 minutes 11 seconds East 99.64 feet to the northwest corner of said Lot 4 of Block 2; thence South 83 degrees 42 minutes 00 seconds East along the north line of said Lot 4 a distance of 101.66 feet to the point of beginning. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 18th day of September, 2000. ATTEST: City Manager Mayor 1:\OOfiles\OOsubdiv\preplat\creek2\ordOOxx.doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r ACTION ITEM #2 PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN RESOLUTION OO-~ ~~ RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN TO BE KNOWN AS CREEKSIDE ESTATES ADDITION MOTION BY: SECOND BY: WHEREAS: Eagle Creek Villas, llC and Freedom Development have submitted an application for a Planned Unit Development Preliminary Plan to be known as Creekside Estates; and WHEREAS: The Prior lake Planning Commission considered the proposed Planned Unit Development Preliminary Plan at a public hearing on July 10, 2000 and on August 14, 2000; and WHEREAS: notice of the public hearing on said PUD Preliminary Plan has been duly published in accordance with the applicable Prior lake Ordinances; 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 Creekside Estates PUD Preliminary Plan; and WHEREAS: The Prior lake City Council considered the proposed PUD Preliminary Plan for on September 18, 2000; and WHEREAS: the City Council finds the PUD Preliminary Plan consistent with the Comprehensive Plan and the Zoning Ordinance; and WHEREAS: the City Council finds the PUD Preliminary 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. It hereby adopts the following findings: a) Greater utilization of new technologies in building design, materials, construction and land development. The proposed development utilizes underground parking areas to allow more efficient use of the land. The clustering of the structures also allows preservation of the wetlands and wooded areas on the site. +Iuvvever;- tne dev81epor doe! Rat me-et the miAil"l"1b1F;1.. I ~qui. elllel.t of 60% Class I FFlotoriel! on tREl 21 ul.;l bt:lildilly$. ~ b) Higher standards of site and building design. The clustering of the buildings allows for the preservation of the natural amenities on this site. 1:\OOfiles\OOsubdiv\preplat\creek2\pud resolution.doc P~e 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 44/-4245 AN EQUAL OPPORTUNITY EtvlPLOYER .r." c) More efficient and effective use of streets, utilities, and public facilities to support high quality land use development at a lesser cost. This development includes one cul-de-sac providing access to all of the units. The property owner will maintain the parking areas and internal road systems. 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. The preservation and dedication of the western portion of the site as parkland and the use as of this site a nature area provide an amenity that can be utilized by the public. The trail connection from Five Hawks Avenue on the south to Five Hawks Avenue on the north will provide a link to the public park system. 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 use of the PUD allows the higher density to be clustered on the portion of the site previously graded. The density and type 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. As noted above, 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. Clustering the units does allow the preservation of some of the wooded areas on the site. The plan must address the landscaping and bufferyard requirements of the ordinance. 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 users) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the buildings and the preservation of the natural amenities on the site. 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. While the plan proposes the conveyance of Outlot A to the School District for use as a nature area, the staff recommends this area be dedicated as park. No additional density has been requested. 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 designs of the buildings are similar in nature. The use of Class I materials will increase the value of this design. Revision of the landscaping plan to meet the requirements of the Zoning Ordinance will also enhance this area. I) 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 I :\OOfiles\OOsubdiv\prep lat\creek2\pud resol u tion.doc Page 2 . ...c ..___.c___.__------~- .___--...- . 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 preserve the area directly adjacent to the single family homes, and will allow the creation of a trail between the existing streets. 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. This project is proposed to 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. Each of the buildings is on a separate lot. 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 properly line when the properly abutting the subject properly 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 proposal meets the above requirements with the exception of the modification requested by the developer to decrease building setbacks. This modification is permitted under the PUD provisions at the discretion of the Council. 2. The Planned Unit Development Preliminary Plan is hereby approved subject to the following conditions a) Outlot A must be dedicated as parkland on the plat. (J\ ~ The IJIClII must be revised to provide the reqUlrea u~a5le e~BR S~JlC'f'. J'tI'J ~ c) The lighting plans for the parking lots must include a design of the light fixture and a luminaire calculation to ensure the ordinance requirements are met. d) The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species of the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. e) The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. t) The following issues identified by the Engineering staff must be addressed prior to final plan approval: · In accordance with the City's subdivision ordinance 1006.208: "Roadways and street intersections shall have right-of-way radii of not less than twenty-five feet (25'). " · The plat shows easement in easements and easements in proposed right-of-way. Easements are not needed in the right-of-way. There are several areas where the line types change and it is impossible to differentiate what the lines mean (easement, wetland edge, etc.). I: \OOfiles\OOsubdiv\prep lat\creek2\pud resol ution.doc Page 3 . Submit detailed plans and specifications that show type and height of retaining wall. All walls over 4 feet in height are to be designed by a registered engineer. . The bridge along the trail will be by Continental (30' span). g) The following issues identified by the Building Inspections Department must be addressed prior to final approval. . If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. . Provide a description of rental agreement and type of facility and services offered in the apartments. . Relocate the three of the five fire hydrants. Place 3 westerly hydrants in green areas across from building entrances. L 1; W130', S30'; L2; NE 20', L3 ESO'. Front of hydrant shall be placed 5'-0" from curb and side of hydrants shall be placed 10'- 0" from curb adjacent to parking stall. . Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrants and. in front of building entrances in parking lot. UFC 1001.7.1. . Provide 96" clearance height in underground parking for Fire Departments fast response apparatus. Provide explanation as to reason all three buildings have different lower level floor to first floor elevations. . Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. . Provide two parking spaces at each building for commuter van. MSBC 1300.4100. . All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 . Provide accessible route from exterior HDCP parking to the building on west 24 units. Locate by front entrance to building. MSBC 1340.1103 Provide detail sheet of HDCP ramp. . 54 Unit: confirm if all units are HDCP Accessible. Two 24 Units: Two percent of Units must be HDCP Accessible. MSBC 1341 Table 16.2 h) An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 3. Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of this resolution, or by December 18, 2000, unless written request for an extension of time is approved by the City Council. 4. The recitals set forth above are incorporated herein. Passed and adopted this 18th day of September, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen I :\OOfiles\OOsubdiv\preplat\creek2\pud resolution .doc Page 4 .. "...."."_..~.__._..__..___________.____"__....._._.._._.,..--' m .._.___..__ ACTION ITEM #3 PRELIMINARY PLAT RESOLUTION oo.~ ~~ RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "CREEKSIDE ESTATES" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: SECOND BY: WHEREAS: the Prior Lake Planning Commission conducted a public hearing on July 10, 2000 and on August 14, 2000 to consider an application from Eagle Creek Villas, LLC and Freedom Development for the preliminary plat of Creekside Estates; 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 Ordinances; and WHEREAS: all persons interested in this issue were afforded the opportunity to present their views and objections related to the preliminary plat of Creekside Estates for the record at the Planning Commission hearing; 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 Prior Lake City Council considered an application for preliminary plat approval of Creekside Estates on September 18, 2000; and WHEREAS: the City Council finds the preliminary plat of Creekside Estates to be consistent with the 2020 Comprehensive Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: A. The above recitals are incorporated herein as if fully set forth. B. The preliminary plat of Creekside Estates is approved subject to the following conditions: 1) Outlot A must be dedicated as parkland on the plat. 2) The plan must be revised to provide the required usable open space. 3) The lighting plans for the parking lots must include a design of the light fixture and a luminaire calculation to ensure the ordinance requirements are met. 1:\OOfiles\OOsubdiv\preplat\creek2\plat resolution. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. . ~.d'_'._'_'____.' ...-.-------...-..------..------.~--..-T.--..~ 4) The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species of the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. 5) The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. 6) The following issues identified by the Engineering staff must be addressed prior to final plan approval: a) In accordance with the City's subdivision ordinance 1006.208: "Roadways and street intersections shall have right-of-way radii of not less than twenty-five feet (25'). " b) The plat shows easement in easements and easements in proposed right-of-way. Easements are not needed in the right-of-way. There are several areas where the line types change and it is impossible to differentiate what the lines mean (easement, wetland edge, etc.). c) Submit detailed plans and specifications that show type and height of retaining wall. All walls over 4 feet in height are to be designed by a registered engineer. d) The bridge along the trail will be by Continental (30' span). 7) The following issues identified by the Building Inspections Department must be addressed prior to final approval. a) If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. b) Provide a description of rental agreement and type of facility and services offered in the apartments. c) Relocate the three of the five fire hydrants. Place 3 westerly hydrants in green areas across from building entrances. L 1; W130', S30'; L2; NE 20', L3 E50'. Front of hydrant shall be placed 5'-0" from curb and side of hydrants shall be placed 10'- 0" from curb adjacent to parking stall. d) Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrants and. in front of building entrances in parking lot. UFC 1001.7.1. e) Provide 96" clearance height in underground parking for Fire Departments fast response apparatus. Provide explanation as to reason all three buildings have different lower level floor to first floor elevations. f) Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. g) Provide two parking spaces at each building for commuter van. MSBC 1300.4100. h) All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 1:\OOfiles\OOsubdiv\preplat\creek2\plat resolution. doc Page 2 "-T-- i) Provide accessible route from exterior HDCP parking to the building on west 24 units. locate by front entrance to building. MSBC 1340.1103 Provide detail sheet of HDCP ramp. j) 54 Unit: confirm if all units are HDCP Accessible. Two 24 Units: Two percent of Units must be HDCP Accessible. MSBC 1341 Table 16.2 8) An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 9) Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of the preliminary PUD plan by the City Council. Passed and adopted this 18th day of September, 2000. 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("I i!! i ~::-_- ;J; " f n gl S}4 ~Ih l~ , . i I II ;: ~ :~': ,~r.. ~>: .~. ~~: ~. ;:~ : !~ ~~ . ~. .........-...-...-...4.---.----..--.-.~----....-..1.-- o c: -4 .- o -I )> . ;g ~ " .- )> Z C c m c - o ~ - o z It 1006.801 1006.802 1006.803 Subdivision Code DEDICATION SCHEDULE Land Characteristic Dedication Credit Dry upland with undisturbed topsoil and slopes 100% not exceeding 10% Land which the Developer has provided a 100% minimum of 4" of topsoil, graded and does not exceed 10% slopes Unstable land with poor soils and slopes not 50% exceeding 10% Virgin woods with slopes less than 10% 50% Virgin woods with slopes which are greater 25% than 10% Dry upland with undisturbed topsoil and slopes 25% of 10-20% Unstable land with poor soils and slopes 0% greater than 10% or wetlands, N.U.R.P. ponds, and water retention areas which are deemed not suitable for park purposes Dedicated land shall be made suitable by the developer for its intended use as parks and playgrounds, trails, or public open space. The City shall determine the final condition of the land which is to be dedicated and the Developer shall e ';.... responsible for grading, topsoil, and turf establishment unless otherwise directed by the City Manager or his/her designee. The City shall provide the Developer with grading plans for the dedicated park and trails and will also provide specifications for topsoil and turf grass. ( '-- The City further reserves the right not to accept land which in its discretion is not useable for the aforedescribed purposes, does not provide park facilities in the locations set forth in the City's Comprehensive Plan, or land which would require extensive expenditures on the part of the public to make them useable. At the City's option, the subdivider shall contribute and equivalent amount in cash, or in cash and land, in lieu of all or a portion of the land which the City may require such owner to dedicate pursuant to subsection 1006.801 above. The cash amount shall be based on the fair market value of the land reasonably required to be dedicated, with said value being determined no later than at the time of final plat approval. Whenever the term "dedicate" is used in this Section, it shall mean a dedication to the City of land or cash, or both, whichever the City, at its option, shall require. The dedication shall be made prior to the City's release of the final plat for filing. City of Prior We 1006/p6