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HomeMy WebLinkAbout10A Heritage Landing Amend PUD, Approve Plats O .� PRip � V � 4646 Dakota Street SE Prior Lake, MN 55372 ` �rNNE5 0 � P CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 22, 2013 AGENDA #: 10A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A MAJOR AMENDMENT TO THE HERITAGE LANDING FINAL PUD, AND A '', RESOLUTION APPROVING A COMBINED PRELIMINARY AND FINAL ' PLAT FOR HERITAGE LANDING 2"D ADDITION DISCUSSION: Introduction Tradition Development has applied for approval of a major amendment to the Planned Unit Development (PUD) known as Heritage Landing and approval of a Combined Preliminary & Final Plat to be known as Heritage Landing 2 nd Addition. The area of consideration for the major PUD Amendment and Preliminary/Final Plat applies to remaining vacant townhome lots of Heritage Landing. The site is located south of 170t Street and north of Crystal Lake. The applications include the following requests: • Approval of a Major Amendment to the Heritage Landing Planned Unit Development • Approval of a Combined Preliminary and Final Plat to be known as Heritage Landing 2"d Addition Histo On July 19, 2004, the City Council approved a PUD and Final Plat for the approximately 11 acre Heritage Landing townhome development which ' designated 33 attached townhome lots for development. As of this date, 26 attached townhome units have been built with a 4-unit building and 3-unit building remaining unconstructed. On May 20, 2013 the Planning Commission held a public hearing to consider the PUD Amendment and Combined Preliminary and Final Plat. Members of the Heritage Landing Homeowners Association were present and expressed both optimism to see activity in the development as well as concerns regarding the architectural style and marketability on the proposed detached housing units. They also explained that the HOA had not yet voted on whether to accept the detached design according to the homeowner's covenants. At the meeting, the Planning Commission voted to table the discussion of the item until the Homeowners Association vote could take place. The homeowner's votes were cast on or around Thursday, May 30, 2013. On June 3, 2013 the Planning Commission continued discussion of the item; however, City Staff had not been given an official voting results from the homeowner's association. Therfore the Planning Commission voted to once again table discussion of the item to a future meeting pending the result of the homeowner's association decision. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com On July 1, 2013 the Planning Commission continued discussion of the PUD Amendment and plat after receiving the attached copy of the homeowner's association approval of an amendment to the covenants to allow the conversion of the 7 attached units to 5 proposed detached units. The Planning Commission recommended approval of the PUD Amendment and plat conditioned upon the following: 1. The developer must obtain the required permits from any other state or local agency prior to any work on the site. 2. The developer must revise the plans to address all of the comments in the memorandum from the City Public Works Department dated May 9, 2013. The city received two letters from residents, including one from Barbara � Johnson dated 6/27/13 and one from eight residents dated 7/17/13. Both � letters expressed objections to the proposed PUD amendment. Current Circumstances The current proposal calls for a redesign of the remaining 7-unit unconstructed lots from a 4-unit and 3-unit attached townhome design to 5 individual detached townhomes. The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of some of the specifics of the site. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site area consists of 11 acres. Veqetation: The natural vegetation on the site was cleared after the original preliminary/final plat was approved for the area. The project was subject to the Tree Preservation requirements of the Zoning Ordinance. Access: Access throughout the development is from Heritage Lane (private street). 2030 Comprehensive Plan Desianation: This property is designated for Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map. Zonin : The site is presently within the Heritage Landing PUD (Planned Unit Development). PROPOSED PLAN Lots: The plan calls for the remaining 7-unit unconstructed lots from an attached townhome design to a 5-unit detached townhome design. The lots for Block 2 north of Heritage Lane are proposed at 5,765 feet while the lots for Block 1 south of Heritage Lane are proposed at 6,768 square feet. The originally designed 7 attached townhome lots range in size from 3,760 square feet to 5,076 square feet. The footprint of the proposed residential housing units are conceptually planned to range in size from 2,286 - 2,432 sq. ft. The units propose single story units with basements and 3-car garages similar to the nearby existing attached townhome units. In comparison, the footprint of the existing attached townhomes for Heritage Landing are approximately 2,200-2,300 sq. ft. Setbacks: The typical residential required setbacks and proposed setbacks for the development are shown on the following table: Minimum Structure Typical Originally Setbacks Re uirement A roved Pro osed Front 25' 10' 10' Buildin to Buildin NA 20' 20' C stal Lake 150' 150' 150' Impervious Surface: The originally approved maximum impervious surface for the 33 lot development was 133,079 square feet. The overall impervious surface for the development including the proposed redesigned 5 units is 129,440 square feet, thereby reducing the overall impervious surface by over 3,600 square feet. Sanitarv Sewer/Water Mains: Sanitary sewer and water mains are currently in place along Heritage Lane. Upon final plat approval, the Developer would be required to remove the existing lateral sewer as well as water service lines under Heritage Lane which would no longer be used due to the reduction of the number of residential units. Landscape Plan: All perimeter trees have been installed for the development. No changes to the Landscape Plan are proposed. The Developer will be required to place front yard trees in the remaining vacant lots per the City Subdivision Ordinance. Fees and Assessments: This development will be subject to the standard development fees including park dedication, trunk street and utility service charges, and utility connection charges. I ISSUES: Section 1106.400 of the Zoning Ordinance lists the types of uses and standards allowed under a PUD. The PUD provisions offer maximum flexibility in many areas, some of which include such aspects as setbacks, building heights, and densities. The developer is requesting modifications to the originally approved minimum lot areas, building setbacks, and housing design for the proposed single family lots. The proposed detached townhome lot design will reduce the overall impervious surface of the development by over 3,600 square feet. The developer has met with City staff to address the proposed changes to the PUD as well as contacted the Heritage Landing Homeowners Association. In addition, the developer must refine the plans to assure compliance with the Public Work Design Manual requirements and City Zoning Ordinance, as noted in the attached staff memorandum from the Public Works Department. However, these revisions will not impact the general design of the proposed plat. If any significant modifications to the plat are necessary, the developer will be required to resubmit for Preliminary Plat consideration, and a new public hearing will be held before the Planning Commission. The developer must obtain the required permits from any other state or local agency prior to any work on the site. ALTERNATIVES: The City Council has the following alternatives: 1. Approve the PUD Major Amendment to the Heritage Landing PUD Final Plan and the Combined Preliminary and Final Plat subject to conditions identified by the City Council. 2. Table this item to another City Council meeting and provide the developer with direction on the issues that have been discussed. 3. Deny the request. RECOMMENDED 1. A motion and second to approve a major amendment to the PUD Final MOTIONS: Plan for Heritage Landing, subject to the listed conditions. 2. A motion and second to approve a Combined Preliminary and Final Plat known as Heritage Landing 2"d Addition, subject to the listed conditions. ATTACHMENTS: 1. Location Map 2. Heritage Landing 2"d Addition Development Plans 3. Conceptual renderings of detached townhomes '� 4. Public Works Dept. Memorandum dated 5-9-13 5. HOA covenant amendment approval 6. Resident letter dated July 17, 2013 7. Resident letter dated June 27, 2013 8. Planning Commission minutes (5-20-13 & 7-1-13) o � rxl ti � U try 4646 Dakota Street SE `�rivxESO'��' Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION TO APPROVE AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN KNOWN AS HERITAGE LANDING Motion By: Second By: WHEREAS, Tradition Development has submitted an application for an amendment to the Planned Unit Development Final Plan known as Heritage Landing, which was originally approved by the City Council on July 19, 2004; and WHEREAS, The proposed amendment is a"major amendment" for administrative and procedural purposes as allowed in Section 1106.711 of the Prior Lake Zoning Ordinance, which proposes a change to the final plan to convert 7 attached housing units to 5 detached units; and WHEREAS, The Planning Commission recommended approval of the proposed PUD Amendment on July 1, 2013; and WHEREAS, The City Council considered the proposed PUD Amendment on July 22, 2013; and WHEREAS, The City Council finds the PUD Amendment is compatible with the stated purposes and intent of Section 1106 (Planned Unit Developments) of the Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Heritage Lantling Plannetl Unit Development Final Plan is hereby amended to convert 7 lots planned , as attached housing units to 5 lots for detached housing units (Lots 1-4, Block 3& Lots 13-15, Block 2). , 3. The Planned Unit Development Amendment is hereby approved subject to the following conditions: a. The developer must obtain the required permits from the city, antl any other state or local agency prior to any work on the site. PASSED AND ADOPTED THIS 22�d DAY OF JULY, 2013. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton Souku Souku Frank Boyles, City Manager O � PRIp� ti � V � 4646 Dakota Street SE Prior Lake, MN 55372 ' �INNES�� P RESOLUTION 13-XXX A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "HERITAGE LANDING 2N� ADDITION" AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 20, 2013, to consider an application from Tradition Development (the "Developer") for the combined preliminary and final plat of "Heritage Landing 2�d Addition"; and WHEREAS, Notice of the public hearing on said combined preliminary and final 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 combined preliminary and final plat of "Heritage Landing 2�d Addition" for the record at the public hearing conducted by the Planning Commission; and WHEREAS, The Planning Commission and City Council have reviewed the combined preliminary and final plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said combined preliminary and final plat to be consistent with the provisions of said ordinances; and WHEREAS, The Prior Lake City Council considered an application for combined preliminary and final plat approval of "Heritage Landing 2�d Addition" on July 22, 2013; and WHEREAS, The City Council has the authority to impose reasonable conditions on a combined preliminary and final plat. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The preliminary plat of "Heritage Landing 2�d Addition" is approved subject to the conditions set forth in this resolution. 3. The final plat of "Heritage Landing 2nd Addition" is approved subject to the following conditions, which shall be met prior to release of and recording of the final plat: a) The applicant shall atldress all engineering comments as outlined in the Engineering Department Memorandum dated May 9, 2013. b) The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com c) The final plat shall be recorded by the Developer at Scott County within sixty (60) days of approval by the City Council. PASSED AND ADOPTED THIS 22N� DAY OF JULY, 2013. 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".II'�',:, � , ... . , ._.. .�..:.1 �1�"__'__'_. 0 p ���P �� � Memo M��:�► Date: May 9, 2013 'To: Community Development and Natural Resources Department i From: Public Works / Natural Resaurces Department — Pete Young, WAter Resources Engineer Subject: Herttage Landing (Proj# Dev-2013-1013) The Public WorkslNattiral Resources Department have reviewed the prelimin�ry plat for the ' subject project with a draft plan date of May l, 2013 and we have the fallowing eomments: ; ! Hvdrolo¢v and Storm Sewer ; 1. The original development (Heritage Landing) provided stormwater management features i that meet cunent City requirements for volume control for Heritage Landing 2 Addition. However, these �tormwater management features do not meet all current City requirements for rate control. It appears th�t rate control requirements could be tnet by ' making some small modific�tions to the existing features to the west of Lot 3, Block 2. ; Hydrologic information should be submitted showing that the combined offsite peak ; runofif will be limited to 0.05 cfs per net acre for the 2-year, 24-hour event, and limited to 0.30 cfs per net acre for the 10-year, 24-hour event. The original development meets the current 100-year, 24-hour event rcquirement (existing peak flow). The applicant is �neouraged to review the City's Public Works Design Manual, Part III (Hydrology Rules), Section 4; the applicant is also encouraged to contact Pete Young, Water Resources Engineer, for more information. 2. '1'he proposed project will disturb more than 10,000 square feet of land and is located within a shoreland area, and is therefore subject to the erosion and sediment control requirements outlined in the Public Works Design Manual, Part III (Hydrology Rules), Section 3. The plans should contain the reyuired SWPPP language and erosion/sediment control features outlined in the PWDM. Phonc 932.447.9800 / Faa 952.447.4245 / ���u��.ciqrofprtoriai:e.com I (Above S�ce Roser�+ed For Raxirrdi►1g Data) COMMON INTEREST COMMUNITY N0.1149 Planned Community HERITAGE LANDING HOMEOWNERS AS50CIATION FIRST AMENDMENT TO DECLARATION This First Amenc�ment to Dx�erafion Heritage Landing Homeowners Associatic�n (the "Amendment") is made this � day of 2013, by Heritagc Landing Homoowners Association� a Minnesota nonpm5t corporation (the "Association"). Unlr�s otherwise de5ned herein, the capitalized ternas used in this Amendmcnt aha�ll hsve the meaning assigned to thom in the Declaration (defiaed herein). WHEREAS, tlie Declarstion of Heritage Landirig Ho�neowtiers Atssociation, Com�on Intcrest Community No. 1149 w�s reeore�od it� the office of the Ccxuity Recorder i� uid for Scott County, Minnesota on November 24, 2004, as Document No. A67991 E(the "Ihcla�ation'�; snd WHEREAS, the Association desires to sunend certain pmvisions in the Declaration, as more fully described hcrein; �d WHEREAS, Sec�ion 1 S of the Docluation providas for t�e amendment of tha Declmrarion subjcct to (i) thc approval of the Board; (ii) the appmv�l of Uwnars of Units to whic� are alloc�ted at least sixty-aewen porcent (67%) of the vo#es in the Associ�tion; (iii) approval by the percentage of Eligible Iv�ort�agees (based o� one vota par firat mort�age ownad) required b�+ Sectio� 16 of the Ueclsratioa aa to matters prESCribed by said Seccioa�; �1(ivj the consent of the Declarsnt during �e p�riod sp�cifieci in Section 17.8 of the Ihclaratio�; and WHEREAS, there are n� El�ible I�Ior�gagees vvil�iri t�he rr��ang of tha Dt�t�ratio�. NOW, THERBFORE, the Associstion, with the a�rov�l of the Board and the Owner� of Units to wh�ch ue allocated at t�st sixty+-aeven percegt (67°�) of the votes in the Associatian and the conreat of the Declarant� hereby malcea this Amendment, � accordu�ce with 475941.1 -1- the r�quinments of the Declantion, �nncl declares th�t �e Propwty shall be held, transfernd, sold, conveyed, usod, a�ci occupied subjcct to the covcn�ats �nd restrictions set forth in the Declaration, as emandad by Ehis Amendmeant, and th�t the Decluation, as amended by tt�is Amendme�t, shall be bindiag upon ali pertous and entiries, and their sucecssors (in title or otherwise) and assigns, having or acquiriug any right, titl� or interest in the Properiy and improveme�ts thcrcon. A. AMENDMENT OF DECLARATION 1. Effective upon recording this Arnendment, Scction 2.1 of the Declaratio� shall be amendcd by strildng and deleting said secrion in its �ntirety and by substituting the following in licu and in place thereof: 2.1 jj�. Thcre are thirty-three (33) Units, within ten (10) scparat� buildings. All Units are reshicted exclusively to residential use. Each Unit consritutes a scparate p�rcei of reai estate. Units may be combined by 4wners subject to and in accordance witi� the requircments of Section S15B.2-112 of the Act. The Unit identifiers attd locations of the Units are us shown on the Plat, which is incorporated herein by reference. 2. Effecrive upon ncording this Amendment, the Declaration shmll be amended by adding a new Socrion 8.fi es follows: 8.6 N�w Cons�nn. Notwithatancling anything to th� contrary� any new construction of a Dwelling oa any previously unimprov�d portioa of the Property shall be consi:tent with All current architectural standards and the common scheme of the devclapment of the Heritage Landin� Homeowners Association Common Ir►terest Cocru�u�nity, including but not limited to compliance with the criteria set forth in Sections 8.1.3.1 through 8.1.3.6 hereof. B. APPLICABILITY AND BINDING EFFECT This Amendmcnt is effective upon recording in the office of the County Recorder in and for Scott County. Minnesota. Except as specifically modified by this Ainendment, the Declaration, as amendod, shall rem�in in full forc� and effect Any conflict between the terms and conditions of tlus Ameadmeat and the terms and condi6ons of the Declaration shall be resolved iu favor of this Amendment. Unless otherwise specifically set forth in this Amardment, all words and t�ms usul in thia Amendm�nt shall have the same meaning as set forth in the Declaration. [Signatun PagE FollowsJ 4�5911.1 -2- IN WITNESS WHEREOF, thc Association, with the approval of thc Board and the Owners of Units to which are allocated at least sixty-scven p�xcent (67%) of the votes in the Asaocia.tion and the eonaent of the Dxlarant� hereby e�acts this Amaridment, effective as of the d�te of recording, all in accordance with Che ra�uir�m�ts of the Declar�tion. HERITAGE LANDING HOMEOWNERS ASSOCIATION a Minnesota nonprofi� corpontion By: � . U(�- r�tit: J1,Q�c.c(�� STATE OF MINNESOTA ) ) ss. COUNTY OF � P�N` I � ) The foregoing ins�vment was acknov�rledged bcfor� ma this � day of �i �Ne 2013, by l.�u2�e� M�rcrr��n�/, thc PR���i��hv7`� of Hcritage Lsnding Hom�owners Association, a Minnesota nonprofit corpo ' n behalf of said entity. Public This instrument was drafted by: Fel'haber� Laraon, Fenlon & Vo�tt, P.A. (MSR) Tppp R, ry.� 220 South Sixth Street, Suite 2200 Nota�y Pubiic Minnespolis, Minnesota 55402 Minn� - (612) 339-6321 rM�"'"'�" 473941.1 -3- July 17, 2013 Mayor Ken Hedberg Richard Keeney, City Council Member Vanessa Soukup, City Cotmcil Member Moniqzie Morton, City Council Member Michael McGuire, City Councit Member City of Prior Lake 4646 Dakota Street P�•ior Lake, Minnesota 55372 RE: Herifage Landing PUD Amendment Rec�uest Dear Mayor Hedberg and members of the Prior Lake City Council, ± i It is anticipated at tke Prior Lake City Council will soon be voting on Tradition DeveloprnenYs request to amend the final plat and PUD for Heritage Landiug 2na Addition. We encourage denying this request for fhe followii�g reasons: ■ The proposed amendment would reduce the ntunber of lots left to be deveioped fi•om seven to five. Single-family homes are proposed to be built, rather than attached townhomes, as approved by the city in the oi�iginal PUD. All other buitdings within the development encompass either three or four units. Thi�ee-ca�• garages are planned when ali other structures have been built with h�o-car garages, Heritage Landiiig is among the most visually striking townhome communities south of the river. I# is our opinion the proposed change will i�egatively i�npact the aesthetic continuity and overall look of our neighborllood. ■ We are small de��elopment that ti��as origivall�� platted for 33 attached Iiousing i�nits. Twenty-six units have already been built, which means the developcnent is 78% completed. It's late in the gai�ie to be redefining the development plan. ■ Sixteen units are owner-occupied; 9 owners voted against amending the association's governing documents related to lot reduction. Most of us who l�ave made our home in Heritage Laridii�g mo��ed there with the understanding that its future ��as decided and affirmect by the City of Prior Lake 8 years ago. ■ Even though the liomes that are bei��g proposed are single-family, fi�ee-standing structures, our small associatiozi «�ill be responsible for inaintaining all landseaping and Uuilding exteriors, uicluding pai�iting and raof maintenance, as stipulated in our goveining documents. It is our Uelief that the cost to maintain individual single-fa�liily homes may be higher than m�iIti-unit sfr«chires, alt �vhile � , I ! i i losing #lae payment of fwo association fees on a inonthly basis, due to tl�e reduction in number of homes proposed #o Ue built. • DR Horton assuined ownership of Hickoiy Shores, which borders Heritage Landing on its west side. Hickory Shores also has 33 multi-unit attached townhomes as part of its developi�ient, the majority of �vhich have been built aud sold with great success in the past 18 months. Agents marketing the property eapect to have no townhome inveniarp le$ at the end of the year, Clearly, there is a c�einand for townhomes that sell in the $300,000 to $40U,000 range, wluch is comparable to pending and/or recent sales occur��ing within kIeritage Landing. ■ Reducing the available lots fro�n seven to five �vill mean a loss in tax revenzie for local goveriunent entities estimated at $8,OQ0 to $9,000 on an annual basis. Most houieo«�ners have been waitix�g up to 8 years for Heritage Landiiig to be completed. We're willing to wait a little longer, provided the developnient plans originally appa•oved by the City of Prior Lake are followecl, anc� the cohesiveness of our neighborhood remains intact for the fiiture. Please ��ote no. Sincerely, Jim and Kate Leslie Rosemai and John Jantschik Susan Johnson Peggy Augustu�e Dan and Barb IIt�ghes Ruth Westman Laurie Hai�mann Julian and Kathleen Davis P�•aperty owners and residents of Herifage Landing E i r ART JOHNSON TRUCKING INC 345� East 180`" Street, Prior Lake, MN 55372 Phone:952-447-22?7 Fs�x:952-447-2270 S-M*il; ARTJTftKG(�AOl.com Barbars� Kt�ne johnson� Preaident June 27, 2013 Planning Commission Member Jeff Phelan 4G4G Dakota Street S.E. 1'rior Lake, Minnesota 55372 Re: Heritagc Landing Dear Commissioner Phdan: Currently 1 reside adjacent to the last phase of the 1liaple Glen De��elopmen� I ha��e signed 1 Yurchase Agreement for a propect�� at 4121 Heritage Lane, S.L. in Prior Lake. I have serious concerns regarding the ptoposed amendment to the PUD of the Heritage Landing Devebpment by Tradition Homes to allow single facYWj� homes. First, let's look at the Hickory Shores townhot�se area being developed by D.R. Horton. When one dri��es through that development A person can hardlp aot do a"say what?" when thcy sce the 4 unit brick townhouse right in the middie of the othec matching units. Granted, this was not the fault of D.R. Hocton but something they were left to deal with. I also notc that thosc ne�v units are really sell�g well and nearing compietion. This surely indicates that townhomes are indeod marketable. Now, I encourage you to drive through the Heritage Landing Development just east of Hickory Shores. This is a premier development of high-end townhomes. Please do not CREATE a"say whaP' and allow single family homes, with what I believe are to have 3 car gar�ges, in this pristine development. It simp�y will not be a good fit. I have attached � copy of s rendition of this area when the original developer, Rock Creek, was markeang these townhomes. Having served on the Scott County Plt�nning Commission for 18 years I feel I have a gaod understanding of the cominihnent citizens make for public service. A question I would atways ask myself is: "What witl this decision mean down the road 10, 20, 50 years, and beyond. Will people think our board was wise or will they say, what were they thinking?" This is your chance to be wise! �„ ou for your time. . �,C��-- �s�-''-s>ti..� B aneJohnson ; Enclosure i E ,'- � : �s� `� � � .: � d0 (M � • f 1 � � � � 'r *� r� 1� � � 'y,��,� � � O�iO • y cv � �� '►, 0 � t, �; \r`� �.�3 r � � '�,°' ►., e�! a+f 3 �+ • h{! ,.� H w � `�,,, w . _.: �.�..� : •�" '"� � � �"q " �"I 1� � • i✓7 � �+ 4'� � �' G .:e �' f0 /J 4 '� � O �j LI-� � � � � .� � i ,r,i � . �" � �' w � �.J � • f/9 '� � � �.,� \`� �'�' � ' `{'. � ». • • {�y �^,,. v g� �j O Q Q �j � � ��.. � '� 1 . 0 �-+ tz � "C '�6 �'' � t! 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'� . ... . . . r , ,. C .�. � . �� PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY, May 20, 2013 1. Call to Order: Chairman Phelan called the May 20, 2013 Planning Commission meeting to order at 6:00 p.m. Those present were Cammissioners, Roszak, Blahnik, Phelan, Spieler, Planner Jeff Matzke, Project Engineer Seng Thongvanh and Community Development Assistant Peter Aldritt. 2. Approval of Agenda: MOTION BY PHELAN, SECONDED BY BLAHN[K TO APPROVE THE MAY 20, 2013 MEETING AGENDA AS PRESENTED. VOTE: Ayes, Blahnik, Phelan, Spieler, and Roszak. The Motion carried. 3. Consider Approval of April 29, 2093 Meeting Minutes: MOTION BY SPIELER, SECONDED BY BLAHNIK TO APPROVE THE APRiL 29, 2013 MEETING MINUTES. VOTE: Ayes, Spieler, Phelan, Blahnik, and Roszak. The Motion carried. 4, Public Hearings: A. DEV-2013-0006 Heritaae L.anding 2"d Addition Combined Preliminarv/Final Plat and P.U.D. Amendment. Tradition Develapmen# is proposing an amendment to fhe Heritage Landing PUD to re-plat 7 attache� lots to 5 detached lots. The subject property is located in the south east part of Prior Lake, west o€ County Road 23 east of Turner Drive and south of T.H. 13 off of Heritage Lane. Planner Matzke presented that Tradition Development has applied for appravaf of a major amendmenf to fhe Planned Unit Devefopment (PUD} known as Heritage Landing and approval of a Cambined Preliminary & Final Pla# to be known as Heritage L.anding 2nd Additian. The € area of considerafion far fhe major PUD Amendmen# and Preliminary/Final Plat applies to � remaining vacant townhome lots of Heritage Landing. The site is located south of 170th Street I and north of Crystal Lake. The applicant plans to re-plat the remaining 7 lots info 5 detached � single #ami[y lots. The Heritage Landing Homeowners Association does have some convents, , 1 however #he city does not gavern that convents. � Commissioner Questions: j Spieler asked if this the same builder as the previous addition? ; E � Planner Matrke responded yes. ' i Spieler asked if the property fo the west is the same development? j 1 � i Planner Matzke responded that it is Hickory Shores development with D.R. Horton. Spieler asked who maintains and pays for the common area? Planner Matzke responded that the common area is managed by the Homeowners Association and each property pays dues. Blahnik asked whether the setbacks will remain the same? Planner Matzke responded yes. Blahnik asked if the impervious surface is being reduced? Planner Matzke responded yes it will be reduced, mainly because of the elimination of the 2 units. Blahnik asked about fhe specific setbacks between the detached units. Planner Matzke responded that the approved building to building setback is 20 feet. It is standard to have 90 feet to each property line and 20 feet between buildings. Phelan asked if the proposed footprint of the houses on the lakeside are closer than the others? Planner Mafzke responded yes, but they still meet the setback. Phelan asked whether the watershed district was informed of this project? Planner Matzke responded yes; referral notices are sent to the surrounding agencies. Phelan asked if there an increase of common area going from 7 to 5? Planner Matzke responded that the common area is remaining the same. There is no net change in common area. Phelan asked if there other areas in town that have gone through similar changes and have mixed attached and detached homes? Planner Matzke responded yes. However, the city does not regulate the architectural standards that specifically, which is more for fhe homeowners association to regulate. � I Applicant Rob St. Sauver, Tradition Development. Presented on the history of the i development and Tradition as a company. One of reasons of going from attached units to a I single family unit is it is very difficult to get financing for a 3 or 4 unit building. The banks do not like to finance fhe larger complexes. The other factor going to a single family is that Tradition has found that the market demand is not there for 3 or 4 units, but single family is in demand. 2 j i Tradition has selected a locai custom builder to build the homes. The architectural design and exterior materials wil! be mafched as close as possible. Roszak asked whether alf the buildings will be built at the same time? Applicant St. Sauver responded no; the builder's intent is to build a model and then build as sales arise. Roszak asked whether the lots could be sold individually? Applicant St. Sauver responded no; the lots would be sold with a structure planned to be built. The selecfed builder would sell the lot with a home to be buift on it. The lots will not be sold fo individual builders/buyers. Blahnik asked about the current unit occupancy. Applicant St. Sauver responded fhat of the 33 units, 7 are not built; 26 out of 26 are occupied. Blahnik asked is this change based on a lack of demand of townhomes? Appiicant St. Sauver responded yes; the market is laoking for single family homes. MOTION BY PHELAN, SECONDED BY BLAHNIK TO OPEN THE PUBLIC HEARING AT 6:30 PM. VOTE: Ayes, Phelan, Spieler, Blahnik, and, Roszak. The motioned carried. Laurie Hartmann Presiclent of Heri#age Landing Homeowners Association (4'101 Heritage Lane) stated that 67 percent of the homeowners must apprave any changes to the development plans. The board has not had a meeting on this topic yet. The meeting is planned for June 3rd. The board recommends that the cflmmission table any decisions until the homeowners association can vote on the topic. Lori stated her persona! opinion that she � is not in favar of the PUD amendrr�ent and believes that there is a market for attached housing. The Hickory Shores development which abuts the property is putting up multi-family housing and has been cEoing very well, The reduction of units will directly affect the existing community. The reduction of unifs resulf in an increase of fees to cover the lost revenue. Phelan asked about the townhame units in Hickory Shores. � Hartmann responded that all a€ the units next to Heritage Landing are multi-family. Sean Wagstaff (4061 Heritage Lane) asked if there wiil be a tax increase fo the. � homeowners? Planner Matrke responded that there is an additional cost due to stormwater changes. This � will be cavered by the developer. There wili nof be any additional costs to the homeowners. ; Wagstaff asked does this decrease tax base? ; 3 Planner Matzke responded that it depends an how each unit is taxed; the county handles the taxation, Wagstaff stated there would be a loss of revenue for the homeowners association since there � would be less units contributing. I Dave Warford (4719 Heritage Lane) stated he wanted to emphasize that #hey do not want a second bankrupt buifder to drop the development. This should be approved by the planning commission only if the homeowners association approves the plan and if the contractor submits to a start and stop date, to insure that there is a plan to build out the neighborhood. Bruce Johnson ��4053 Heritage �ane) stated there needs to be cohesiveness in the development. The similar size and architectural design should be matched. The singfe family look would add excitement to the development. There needs to be assurances that they will build out the development not just build one or two and not finish it. At this poin# it is good that it is the same devekoper that is familiar with the development. Mike Scott (4025 Heritage Lane) stated there will be lost revenue clue to less units that need maintenance. What is the takedown schadule? Applican# St. Sauver stated there is a minimum of 3 lots that need to be purchased and built. Scott asked if Tradition is willing to make a commitment that if Wensco does not build the homes, then Tradition will be willing to build fhem out? He said that empty lots do not do anything for the development. There hasn't been deve[opment since 2005 and the lots a need to be built. There will aiways be the risk of the market but this is the original developer and has the best interest far the community. Julian Davis (4057 Heritage Lane) stated his concerned about the esthetics of the community and the overalE fit the proposed homes in the area. He asked whether the wall behind the lake !o#s needs to be moved? Planner Matzke responded the back property line wil{ not change. The building wifl get closer to the interior space but will not exceed the line. The deck will be tucked around the yard, and the wall will not be moved. Davis asked whether they plan #o sel! these units or are they planned for rentals. Blahnik asked what is the count of the rental units in the development? HOA Presicient Hartmann responded there are 7 units that are rentafs. Blahnik asked on the vote a€ the homeowners association, how is that tallied? z i President Hartmann responded that the ballot states whether the bylaws should be amended i to allow for the change; each lot has a vote. � ; 4 � ; MOTION BY PHELAN, SECONDED BY SPIELER TO CLOSE THE PUBLIC HEARlNG AT 6:55 P.M. VOTE: Ayes Phelan, Spieier, Blahnik. Roszak. Motion carries. Phelan asked the applicant to expand on the take down. Applicant St, Sauver responded the pfan is for Wensco to purchase 3 lots, build a model and sell out of that. All uni#s wi[I be owner occupied. Blahnik asked what is fhe demand of aftached townhomes? Applicant St. Sauver responded that if a multi-family unit were to be built, it would have to be built a lot cheaper and could not match the value that the other units have in the community. Roszak asked about the market value of the proposed and existing units. Applicant St. Sauver responded that the existing units are af low $300,000; the initial estimate for the proposed is $380,000-$425,000. He stated they wou[d rather sell 71ots verses 5, but #he market is not there. Roszak asked whether his company owns 9 of the units? Applicant St. Sauver responded thaf they own the 7 fots and a group of investors with Tradition own 9 units as rental units. Spieler asked whether the developer can build withaut H4A approval? Applicant St. Sauver responded no. Spieler asked if the units owned by Traditian are being marketed for sale? Applicant St. Sauver responded yes, but have not been markefed aggressively. Spieler asked whether the single family homes are estimated ta sell faster than the multi- family? Appticant St. Sauver responded yes. Spieler asked whether Tradition can get funding for town�omes without a national builder? Applicant St. Sauver responded no. Phelan asked whether the undeveloped lots count as votes? � : i Applicant St, Sauver responded yes. � S ; i � Phelan asked if the commission moves forward with approvaf or conditions of approval and the Homeowners Association did not approve the change, can the developer still move forward. Planner Matzke responded the Planning Commission could recommend approvaE, but if the Homeowners Association does not approve the change then the development cannot move forward. The association covenants can be more restrictive fhan city regulations but cannot be less restrictive. B(ahnik asked on behalf of the concerrts of the residents,if the model were to be built and fhen none of the others were to be built. Is if possible to build all 5 at one time? Applicant St. Sauver responded that it is possible, but it would take a very large amount of capital to do that; if just is no# feasible at this time. That is why we are going through this change because they feel that the single family homes will go faster than the multi-family. Phelan stated if the builder constructs units on three lots and then cannot finish the others, is Tradition willing to build the last 2 homes? Applicant St. Sauver responded that Tradition is committed to fhe tfevelopment; it is the intent that Tradition will builci them if necessary. Phelan stated fvr the record that it is a choice to go to the singfe family style; there is market demands for both �ypes of units. Spieler stated the discussion tonight has been very good. It is understood that this is already a great development and that ideally it would be fil[ed out with a multi-family design. Hawever, times change and the markef changes. Et is appreciated that the HOA has a vote in this. He stated his suppart for the project and would like to see the developer work very close with the H�A to match the neighborhood. Roszak stated his support contingent on the approval of the Homeowners Associa#ion. The intent of the developer is to work with the HOA, and fhe homes that go up should closely match fhe neighborhood. Blahnik stated it would have been nice to have already had the HOA meeting be#ore tonight. It is good to hear that a Iocal builder has been selected. There are concerns that the first house is built and the others are not. Personal preference and recommendation is to fable the decision tonight until the Homeowners Association has had a chance to meet on the issue and make a decision. Phelan expressed his support to table the decision to the next available meeting after #he ; Homeowners Association has me#. At fhis current stage he did not feel comfortable moving � forward with the project until there was greater feedback from the Homeowners association. ! He asked whether #he Homeowners Association is willing to do whatever is possible to move ! the meeting up; it woutd be nice not fo burden fhe developer and keep fhis project moving. ' I � 6 � ; Spieler stated he agre�d with Phelan to table the decision until the next meeting and have feedback from the HOA by then. i i Phelan stated fhat this is the officiai public hearing the next meeting will not have a public hearing and there will not be mailed notices sent to the residents. He recommended that the home owners watch the paper and the City's website for updafes. BEahnik asked if it is possib[e fior the Homeowners Association to move the meeting? President Hartmann stated the ballots need to be submitted by June 5f''� tt is possible to get an earlier mee#ing. MOTION BY BLHANIK SECOND BY PHELAN TO TABLE ITS DECISION OF THE PUD AMENDMENT AND COMB[NED PRE�.IMINARY AND FINAL PLAT TO THE JUNE 3Ro PLANNING COMMISSION MEETING. VOTE: Ayes Phelan, Blahnik, Spieler, and Roszak. The motion carried. B. DEV-2013-'1093 Teresa's Mexican Restaurant C.U.P. Amendment. Felipe Mata on behalf of Teresa's Mexican Restaurant is requesting an amendment to fhe exis#ing Conditional Use Permit for a restaurant which serves liquor in the C-2 (General Business) Zoning Disfrict. The request is to allow for the expansion of the current restaurant. The subject prope�ty is located in the Crossroads Shopping Cen#er west of T.H. 13 east of Timothy Ave and south af County Road 42. Planner Matzke presented Teresa's Mexican Restaurant has been open for five months and now wishes to expand their business. The applicant is pursuing an amendment to their existing Condifional Use Permit to aliow expansion of the dining room and storage room areas. Arturos LLC, on bettalf of Teresa's Mexican Restauranf, has applied for an amendment to the exisfing Conditional Use Permit for a restaurant which serves I[quor in the C-2 (General Business) Zoning District. The request is fo allow for the expansion of the current restaurant. The subject property is located at 6880 Boudin Street within the Boudin Crossings Center; west of T.H. 13, east of Timothy Ave. and south of Caunty Road 42. Section 1'IO2.1'i00, C-2 General Business Use District of the Prior L.ake Zoning Ordinance, states that "Res#aurants and Clubs and Lodges with Liquor" require a Conditional Use Permit as further identified in Section 1102,1103(5). This sectian includes condiiions that must be mef. The City Council granted an On-Sale Intoxicating and On-Sale Sunday L.icenses to Teresa's Mexican Restaurant on October 22°d. The Planning Commission approved the ConditionaE Use Permit to allow a restaurant with liquor in the C-2 {General Business} Commercial Zoning Distric# on November 5, 2012. Staff has looked signi#icantly at the parking situatian by observing at busy times during the week and weekends. The parking does seem to be sufficienf. The lot is full will handle the additional traffic. Some additional signage could be added to direcf traffic better. � Commissioner Questions � a Phelan stated he will be refraining from ifem 4B since he lives within in #he effective area. ` 7 7-1-13 PC Meeting Minutes Engineer Young responded there is maintenance costs, but this is needed for the City's stormwater infrastructure. A maintenance plan will be established for the pond. MOTlON ROSZAK, SECONDE� BY BLAHNIK T� �PEN THE PUBUC HEARfNG 7:45 P.M. I I VOTE: Ayes, Roszak, Blahnik, and Hite. The motion carried. � MOTION BY HlTE, SECONDED BY BLAHNIK TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. VOTE: Ayes, Roszak, Blahnik, and Hite. The motion carried. Commissioner Camments: Btahnik was in support of the variance, there are practiaal difficulties given the narrow nature of the topography. Hite stated supporf for the variance, there are practical difficulties This is a prac#ical location far the pond to meet the stormwater needs r Roszak stated suppart of the variance. There are practical di�ficulties and tti�s is needed for stormwater storage. MOTION BY HITE SECOND BY BLAHNIK TO APPROV� THE VARIANCE A VARIANCE FROM THE VEG�TATION ALTERATION� REQUlR�MENTS;QF A R�CREATIONAL ENVIRONM�NT LAKE 1N THE 1,-1 (GENERAL 1NDUSTRIAL)`ZONWG DtSTRICT. , . VOTE: Ayes Hite, Roszak, and Blah The mqtion carried :� 5. Old Business: ` , A. DEV=2013-0006 Heritaae Landing 2n� Addition Combined Preliminani/Final Plat and """'�"� P.U.D. Amen�ment `'' Tradition Development i5, proposing an amendment to the Heritage Landing PUC2. to re plat 7�ttached:lots to 5 defached lots. The subject property is located in the south eas# part of i'rior'`L�f�e, west of County Road 23 east of Turner Drive and south of T.H. 13 off of Heritage l.ane. Planner Matzke On _May 20, 2013;the Planning Commission held a public hearing to consider the PUD Amendmenf ��nd Compined Preliminary and Final Plat. Members of the Heritage Landing Homeowners Associat�on were present and expressed both optimism to see acfivity in the development as we11 as'concerns regarding the architecturai style and marketability on the proposed detached housing units. They also explained that the HOA had not yet voted on whether to accept fhe detached design according to the homeowner's covenants. At the meeting the Planning Commission voted to table the discussion of the item until the Homeowners Association vote could take place. The homeowner's votes were cast on or around Thursday, May 30, 2013. On June 3, 2013 the Planning Commission cont{nued there discussion of the item; however, City Staff had not been given an official decision by the homeowner's association. Therefore the Planning Commission voted to once again table discussion of the item to a future meeting pending the result of the horneowner's association decision. �n June 21, 2013 the Ci�y received the attached copy of the homeowner's 7 7-1-13 PC Meeting Minutes association approval to amend the covenants to allow the conversion of the 7 attached units to the 5 detached units. Hite asked in the report it refers to the 5 individuai homes as townhomes. Should they be referred to as single fami{y homes? Planner Matzke responded a townhome can be a single family home as well. Hite stated her support for the project. lt very closely matches the originally praposed development. Impervious surface is decreasing and the artistic renderings very cfosely match what is there. - Blahnik asked can the lof take down schedule and the process of how the homes will get buiit be described again. Applicant Rob St. Sauver Tradition DevelQpment responded this re-plat allows us to not have the finical burden of the attached units;" It provides us witf�;.greater flexibility. For exampfe if the current buyer falls through, Tra��tion Development cou�d it up and build them. The design would not change from what is being prop�osed today Blahnik stated his concern was tha# ;th� would change and there were a lot of comments from the public hearing with similar concerns�; He thanked the developer for cfarifying. - - Blahnik asked what was the final;.YOte? Applicant St. Sauver responded 23_yes, 9 no,'out of 32 total votes. Blahnik statetl fiis approval for the rrla�or amendment. ::: , Roszak state his approvai,=for the p'.roject MO710N BY `HITE SECOND BY ROSZ,AK TO RECOMMEND APPFZOVAL OF A MAJUR AMENDMENT TO TNE FINAL PU,D PLA1V' FOR HERITAGE LANDING. VOTE: Roszak, Blahiiik, and H�te ;<The motion carried. 6. New Business. .. A. DEV-2013-1018�•Elliason and Heihal Vacation. Jim Elliason and Pat Hejhal are requesting to vacate a portion of the Butternut Circle & Northwood Rd right of way located adjacent to 'E6553 Northwood Rd and 3121 Butternut Circfe. Pianner Matzke presented Jim Elliason and Patricia Hejhal are requesting vacation of a portion of right-of-way along frontage of the properties at 16653 Northwood Road and 3121 Butternut Circle. The properties are located along the western shores of Upper Prior l.ake, north of County State Aid Highway 12. Much of the right of way for fhe public streef, Northwood Road and Butternut, was platted with the Northwood plat in 1911. In addition roadway easements were granted in 1977. As indicated by the attached survey, the pa�ed roadway of Northwood road does not follow the platted right-of-way alignment in this area. 8 I ;