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Home My WebLink About7A - Pheasant Meadow STAFF AGENDA REPORT AGENDA #: PREP ARED BY: SUBJECT: DATE: 7A Donald Rye, Planning Director Consider approval of Resolution No. 96-41 denying the Schematic Planned Unit Development of Pheasant Meadow April 15, 1996 INTRODUCTION: At the April 1, 1996 Council meeting, staff was directed to prepare a resolution of denial with findings of fact for the Schematic Planned Unit Development of Pheasant Meadow. DISCUSSION: Attached is resolution 96-41 which contains a set of recommended findings based on staff s understanding of the City Council's rationale as articulated at the April 1 st meeting. If Council members believe that other findings are appropriate, the resolution should be amended to reflect these additional findings. Also attached is a letter dated April 9, 1996, from the petitioner withdrawing his PUD application for Pheasant Meadow, indicating that it is his intent to pursue a conditional use permit for 42 units, and requesting that the City Council consider waiving the conditional use permit fee. In light of this new development, the Council could either adopt the attached resolution, or accept the letter withdrawing the petition by simple motion. We will have a recommendation for City Council action Monday evening based upon our discussions with the City Attorney. ALTERNATIVES: The Council has three alternatives: 1. Approve resolution 96-41 as submitted or with amendments; 2. Acknowledge receipt of the petitioner's letter withdrawing the application. 3. Request additional information. RECOMMENDATION: Alternative 1 or 2 Motion as appropriate. Staff will make a recommendation 16200 ~l{!rQ~JtIJWe.. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTLNITY EMPLOYER ACTION REQUIRED: CCREPT.DOC/RML Monday evening. (' 2 RESOLUTION 96-41 MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted public hearings on, February 26 and March 25, 1996 to consider the application of Williams Development LLC for approval of a Schematic Planned Unit Development, zoning change from R-l, Suburban Residential to PUD, Planned Unit Development and a preliminary plat for the development known as Pheasant Meadow (hereinafter," the Project") which is legally described as follows: Legal Description: That part of the Northwest Quarter of the Northeast Quarter of Section 10, Township 114, Range 22, Scott County, Minnesota lying northwesterly of State Trunk Highway No. 13, and west, south and westerly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence East (assumed bearing) along the north line of said Northwest Quarter of the Northeast Quarter a distance of 375.80 feet to the point of beginning of the line to be described; thence on a bearing of South a distance of 200.00 feet; thence East a distance of 13.1 0 feet; thence South 4 degrees 52 minutes 42 seconds East to the centerline of said State Trunk Highway No. 13, and there terminating, and WHEREAS, legal notice of the public hearings was duly published in the official newspaper of the City (the Prior Lake American) on February 7, 1996 and individual mailed notices were sent in accordance with Minnesota Statutes Chapter 462.357, Subd. 3 and 462.358, Subd. 3b and Prior Lake City Code Sections 5-5-12(D)4.(a) and 6-3-3(A)3.; and WHEREAS, the Planning Commission afforded all interested persons an opportunity to present testimony related to the Schematic PUD, the zoning change and the preliminary plat of Pheasant Meadow, and; WHEREAS, at the March 25, 1996 meeting,( following consideration of City Codes, zoning and subdivision ordinances and applicable provisions of the City's Comprehensive Plan), the Planning Commission recommended approval of the project with the requirement that the Balsam Street 16200 ~~~W9{9~. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER connection be made as part of the Project, and; WHEREAS, the City Council considered the Planning Commission's recommendation along with the staff reports and meeting minutes of the public hearings at its' regular meeting of April 1, 1996 (collectively with the Planning Commission's recommendation, referred to as the record of decision), and; WHEREAS, the City Council has carefully considered the testimony, staff reports, ordinance requirements and other pertinent information contained in the record of decision of this case. WHEREAS, the purpose of the Planned Unit Development ordinance (Section 6.12 of the zoning ordinance) is to encourage the following: 1. Flexibility in residential land development to benefit from new technology in building design and construction and land development. 2. Variety in the organization of site elements, building densities and housing types. 3. Higher standards of site and building design through the use of trained and experienced Land Planners, Registered Architects and/or Landscape Architects to prepare plans for all Planned Unit Developments. 4. Preservation and enhancement of desirable site characteristics and open space. 5. More efficient and effective use of land, open space and public facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that the Schematic Planned Unit Development of Pheasant Meadow as described above, is denied based upon the following: FINDINGS OF FACT 1. The recitals set forth above are incorporated herein. 2. Application of Planned Unit Development zoning to the subject property fails to satisfy the principal purpose and intent of permitting property to be rezoned to Planned Unit Development. (zoning ordinance section 6.12AI2.e.) because the terrain of the property does not require preservation or enhancement. 3. The proposed Project does not provide a higher standard of site and building design as required by section 6.12 3. of the zoning ordinance. 4. The proposed Project does not provide a variety in housing types as required by section 6.122. of the zoning ordinance. S. The proposed Project does not preserve or enhance desirable site characteristics or open space as required by section 6.124. of the zoning ordinance. 6. The proposed Project does not make efficient and effective use of land, open space or public utilities. 7. The proposed Project does not contain any unique site characteristics which require preservation or enhancement. RESDENY.DOC/DR 2 Passed and adopted this 15th day of April, 1996. ANDREN GREENFIELD KEDROWSKI MADER SCHENCK { Seal} RESDENY.DOC/DR YES NO ANDREN GREENFIELD KEDROWSKI MADER SCHENCK Frank Boyles, City Manager City of Prior Lake 3 APR-09-96 12:29 PM P.01 Project Developers, Inc. April 9, 1996 Via fax 447-4245 Frank Boyles City Manager 4629 Dakota 51. S.E. Prior Lake, MN 55372 Re: Pheasant Meadow subdivision Dear Frank: This letter is to formally request the Rezoning and PUD application for the ab<.1ve project be withdrawn from consideration. Based on City Council input at their April '1 stlllccting we understand t.hat there is not agreement on the usage of the PUD designation for this sileo We arc therefore preparing a resubmittal of the project with a reduction in the number of units to 42 and requesting a Conditional Use Permit rather than a rezoning. The subdivision/plat will be essentially the sanle only with all two unit townhomes and a reductilln to 42 units (see auached concept sketch). We have directed our civil engineer to revise the subrniual drawings accordingly and hope La resubmit thenl shortly. We would appreciate being on the May 13th Planning Comluission and the May 20th Council Meeting, subject to your receipt of revised drawings in a tinlely Illanner. We therefore request Resolution 96-04PC (PUD) and Q6-06 (Re7.oning) he withdrawn and 96- 05PC (Preliminary PIal) be referred back to the Planning COlnlnission subject to receipt of the revised preliminary plat dllcuments. We would also as for council consideration of allowing the $250.00 subdivision fee to apply to our revised plat, and the $772.00 tee paid for Lhe rezoning and pun to cover the cost ~)f the $200.00 conditional Lise fee. If this is not acceptable please Ie::l me know what fees we should submit. This lettcr shall also constitute our agreement to allow continuation beyond the 60 day approval statute to al10w the projecllo be re-processed through Pla.nning Commission and Council. If you have any questions, please feel free to give me a can. Sincerely, Project Developers, Inc. ,~ ,g~&W- Terry Schneider cc leff Williams Interchange Tower, Suite, 1970 600 South Highway 169 Sl. Louis Park, MN 55426 (612) 545-0505 Fax (612) 545-1510 13!l. I 0 , 8JY 9 ~1 --Io/.,~ ~ ., ~ClrI'....,.~ .~ - -"/C:D~ APR-09-96 12:30 PM I. ~' 4 I :..,' I df61' I~I P.02 .,.",..\,. ~ '.)r)."T"'...., I ~ ,ct \W11 (i I , h"lo.l _~~_I '.,~~'t.., r-l'Mrlllllnl D''''' ,,_1. J ,"'n' .~ " i' I"~"~ ,'_.11 II I : _.__~ \ _ ..----- .. ............,.....~r--. .-- -.--...... '1"1\" :. ..' c. ' I . (.1.11 1\:) .. . ~ "'" .. . _.......:.:-- .C-. _ l"'(I(t':'. .-~ -'--'-.'C'--'--'-::---' -- -. ... .".'1 fJ:'....-.'-. +.... :_-_....~ ~. ..if~;, of' -'-'C .'. RO~ NO '.' . . <> ::::. ~:~. "J .; :..' t, .';., o i ': '0..... ".DO ;i~~OT, S! I -' - - i:t' - __ -.;. --- -::~ - 1.,- '---;::::' .. T [I R p'J Al\9.' '~'!. ()I 8' ., I : l 1 ~ " ----. ') \ '", \ I I ' . _, .,. 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