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Home My WebLink About6A Pike Lake cc extension report L:\15 FILES\15 CUP'S\Ron Clark Multifamily (also see Pike Lake Marsh under PP)\extension request\05 02 2015 Pike Lake cc extension report.doc 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 2, 2016 AGENDA #: 6A PREPARED BY: JEFF MATZKE, PLANNER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION EXTENDING A PREVIOUS CONDITIONAL USE PERMIT APPROVAL FOR THE PIKE LAKE DEVELOPMENT MULTIPLE FAMILY DWELLING LAND USE DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Ron Clark Construction to extend an approval of the previously approved Conditional Use Permit for the Pike Lake development. The site is located at the northwest corner of the Pike Lake Trail and County Highway 42 intersection. History On May 4, 2015 the City Council approved Resolution 15-21PC approving a Conditional Use Permit for a 68-unit affordable rental housing development. Current Circumstances In accordance with Subsection 1108.213 a Conditional Use Permit shall be revoked if one year has elapsed from approval and no new construction has commenced. The Planning Commission can however, allow by resolution, an extension of the Conditional Use Permit by up to one (1) year at a time. Ron Clark Construction, the developer, is requesting a one year extension of the CUP for the Pike Lake Development from May 4, 2016 to May 4, 2017. Conclusion City Staff believes the request to extend the CUP approval for a period of 1 year appears reasonable in this case. As a result of the pending 2016 federal housing credit application process such an extension would be needed. ISSUES: The purpose of the requested CUP approval extension is to allow the developer additional time to apply and receive confirmation of federal housing credits during 2016. If the developer fails to meet this extended deadline, the CUP approval will be revoked. ALTERNATIVES: The Planning Commission has two alternatives: 1. Adopt a resolution approving the request to extend the Conditional Use Permit (CUP) approval until May 4, 2017 as requested. 2. Deny the request and direct the staff to prepare a resolution denying 2 the requested extension. RECOMMENDED MOTION: Staff recommends Alternative #1. ATTACHMENTS: 1. Resolution 15-021 with Approval of the Pike Lake Development CUP 2. Developer letter requesting extension Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-06PC A RESOLUTION AUTHORIZING EXTENSION OF THE CONDITIONAL USE PERMIT APPROVAL FOR THE PIKE LAKE DEVELOPMENT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission adopted Resolution 15-21PC on May 4, 2015, approving a Conditional Use Permit (CUP) for the Pike Lake Development as a Multiple Family Dwelling land use; and WHEREAS, The applicant is required to commence new construction of the site within 1 year of approval, in this case by May 4, 2016; and WHEREAS, Ron Clark Construction, the developer, has submitted a request to extend the recording deadline to May 4, 2017; and WHEREAS, Ron Clark has requested the extension of the deadline to allow time to apply for tax credits through MHFA in the 2016 calendar year. 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 CUP approval is extended from May 4, 2016 to May 4, 2017. PASSED AND ADOPTED THIS 4TH DAY OF MAY, 2016. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A MULTIPLE FAMILY DWELLING IN A R-3 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on April 20, 2015, to consider a request from Ron Clark Construction to approve a Conditional Use Permit (CUP) to allow a multiple family dwelling in a R-3 (High Density Residential) Zoning District at the following property: All of the Southeast Quarter of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota EXCEPT that part described as follows: Starting at the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence North along the East line of said Southeast Quarter of the Southwest Quarter, a distance of 707.3 feet to the point of beginning of the tract to be described; thence deflecting 58 degrees 55 minutes to the West, a distance of 542.95 feet; thence North parallel to the East line of said Southeast Quarter of the Southwest Quarter to the North line of said Southeast Quarter of the Southwest Quarter; thence east to the Northeast corner of said Southeast Quarter of the Southwest Quarter; thence South to the point of beginning. And also EXCEPT: That part of the Southeast Quarter of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, described as follows: Starting at the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence, on an assumed bearing, due North, along the East line of said Southeast Quarter of the Southwest Quarter a distance of 707.30 feet; thence North 58 degrees 55 minutes West a distance of 542.95 feet; thence due South and parallel to the East line of said Southeast Quarter of the Southwest Quarter a distance of 235.04 feet; thence due West a distance a distance of 27.00 feet to the point of beginning of the tract to be described herein; then continuing West on the same line, a distance of 120.00 feet; thence due North to the North line of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North line of said Southeast Quarter of the Southwest Quarter a distance of 120.00 feet; thence due South, parallel to the East line of said Southeast Quarter of the Southwest Quarter to the point of beginning. And also EXCEPT: The West 400 feet of the Southeast Quarter of the Southwest Quarter of Section 23, Township 115, Range 22, said 400 feet to be measured along the North and South lines of said Southeast Quarter of the Southwest Quarter, As shown by the records of the County Treasurer of said County. PID: 25-923-002-0 WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 2 WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP, and persons interested were afforded the opportunity to present their views and objections related to the CUP; and WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Subsection 1108.202 of the Prior Lake 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 Planning Commission hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the objectives of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing options and to maintain a choice of and encourage development of quality residential developments. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The use will not be detrimental to the health, safety, and general welfare of the community as a whole. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CUP within the R-3 Zoning District. The proposed site plan will be required to comply with all requirements of the Zoning Code prior to the recording of the CUP at the County or the issuance of a building permit. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed use will not have undue adverse impacts on governmental facilities. The site is designed to connect to proposed storm sewer basins. All other public improvements (street, sewer, and water) are existing and capable of supporting the proposed building and site improvements. e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. f) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The site plans were prepared by a registered engineer and as a condition of approval must be revised to meet all buffering and landscaping requirements. 3 g) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the Planning Commission. The drainage and utility plans were prepared by a registered engineer. h) The use is subject to such other additional conditions which the Planning Commission may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the Planning Commission. The Planning Commission may revise the recommended conditions or attach additional conditions as they deem appropriate to protect the general welfare, public safety, and neighborhood character. 3. The CUP is hereby approved, subject to the following conditions: a. The Conditional Use Permit shall be recorded along with the Final Plat of the proposed high density residential Pike Lake Development project. b. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. PASSED AND ADOPTED THIS 4TH DAY OF MAY, 2015. _______________________________ Perri Hite, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Peterson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐