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HomeMy WebLinkAbout4B Summit Preserve Prelim Plat Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 20, 2016 AGENDA #: 4B PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER THE FOLLOWING APPROVALS FOR SUMMIT PRESERVE: (1) RECOMMENDING APPROVAL OF REZONING PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT TO R-2 MEDIUM DENSITY RESIDEN- TIAL; (2) RECOMMENDING APPROVAL OF A PRELIMINARY PLAT; (3) APPROVING A CONDITIONAL USE PERMIT FOR CLUSTER HOUSING IN AN R-2 USE DISTRICT; AND (4) APPROVING VARIANCES FOR CLUSTER HOUSING RELATED TO MINIMUM FRONT SETBACKS AND LOT DEPTH. DISCUSSION: Introduction The purpose of this agenda item is to consider four approvals related to a pro- posed medium density residential subdivision known as Summit Preserve, in- cluding a rezoning, preliminary plat, conditional use permit and variances. The development site is approximately 55 acres at the northeast corner of County Highways 18 and 42. History In 2007, this 55-acre area was rezoned to a Planned Unit Development (PUD) for a mixed-use development of commercial and high density residential (see Attachment #4). Due to the economic crash in 2008, that development never went forward. Since that time, the city completed a County Highway 42 corridor study and re-guided this same area to Planned Use (P-US), which guided it to 75% medium density residential and 25% commercial. On May 9, 2016, the City Council approved an amendment to Planned Use Sub-Area D to be 100% me- dium density residential. That amendment was approved by the Metropolitan Council per its approval letter dated June 8, 2016. Current Circumstances Summit Preserve, LLC is proposing to develop this area fully as medium den- sity residential development with a combination of single family lots (71) and cluster housing (122 townhome units). The four application approvals are fur- ther evaluated as follows: Rezoning: The total site is proposed to be rezoned from Planned Unit Development (PUD) to Medium Density Residential (R-2). The PUD use district is technically no longer valid since it was approved so long ago in 2007. The R-2 use district is now in conformance with the 2030 Comprehensive Plan per Met Council ap- proval of the (text) amendment changing the land use to 100% medium density residential. The Planning Commission makes a recommendation to the City 2 Council for all rezoning applications. Subsection 1108.600 identifies findings that would support an amendment to the Official Zoning Map, including (at least one of three findings must be met): (1) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan, or the land was originally zoned errone- ously due to a technical or administrative error. Response: The exist- ing PUD zone is no longer valid due to the lapse of time; Subsection 1106.711 2.d states that “if substantial development has not occurred within one year after approval of the PUD Zoning District, the City Council may instruct the Planning Commission or initiate rezoning to the original zoning district. This action was never taken by the Council. (2) The area for which the rezoning is requested has changed or is chang- ing to such a degree that it is in the public interest to rezone so as to encourage redevelopment of the area. Response: Once County High- way 21 was connected to Highway 42 in 2011, it became a more direct connection from the north into the western portion of Prior Lake. With County Highway 18 being less used, the commercial market at the 18/42 intersection became less desirable. (3) The permitted uses allowed within the proposed Use District will be ap- propriate on the subject property and compatible with adjacent proper- ties and the neighborhood. Response: Permitted uses include housing types that fit a medium density designation, such as smaller single fam- ily lots and cluster housing in order to be within the R-2 net density range of 4.1 – 7.0 dwelling units per acre. Preliminary Plat: Subsection 1002.200 regulates the subdivision of land; preliminary plats show the proposed layout of the subdivision for preliminary approval. The plat is fur- ther evaluated as follows: a) Land area and characteristics: The gross land area is 54.82 acres, and the net area is 38.97 acres (subtracting areas for wetlands, parks, storm ponds, and highway right-of-way). The property is largely wooded with elevations ranging from 992 to 1048 feet (a 56’ difference). Further information on woodland preservation is provided below in the “tree preservation” section of this report. b) Surrounding land uses: land uses surrounding this proposed site in- clude: (1) north – vacant land guided for low density residential; (2) south – County Highway 42; (3) west – County Highway 18; and (4) east – existing single family residential housing along Kensington Ave. c) Housing density: Net housing density, using 193 total housing units and 39 net acres, is 4.95 dwelling units per acre. This density is within the R-2 range of 4.1 – 7.0 units per acre. d) Housing types: The proposed subdivision includes 23 single family de- tached units on 60’-wide lots, 48 single family detached units on 70’- wide lots, and 122 cluster housing units situated in 35 buildings with 3-4 townhome units each. All single family housing units will meet the re- quired minimum yard setbacks of 25 feet front/back, and side yards at 10 feet. Cluster housing (townhomes) are allowed by conditional use permit, with further information provided below in this report. 3 e) Lots: The minimum lot size for single family in the R-2 Use District is 6,000 square feet with 60-feet minimum lot frontage and 90-feet lot depth. The minimum lot size for cluster housing is 30,000 square feet with 100-feet minimum lot width and 200-feet minimum lot depth. A variance is being requested for the minimum lot depth, as further evalu- ated below under the “variance” section of this report. f) Outlots: This proposed plat shows a number of outlots that are identi- fied for the following purposes: (1) Outlot A – public park dedicated to the City; (2) Outlot B – stormwater management area dedicated to the City; and (3) Outlot C – wetland and water booster station dedicated to the City. There are also numerous (nine) Common Lots for the cluster housing units. g) Streets: Right-of-way for local streets is being dedicated with this pro- posed plat, including a minor north/south collector that connects to County Highway 42, a local street that connects easterly to Kensington Ave., and to cul-de-sacs that serve portions of the cluster housing. Typical local street right-of-way widths range from 50-60 feet. The north/south minor collector has a right-of-width width of 80-feet near its intersection with County Highway 42, which then narrows further to 66- feet as it goes north beyond the cluster housing units. h) Sidewalks and trails: A network of sidewalks and trails are proposed in this subdivision, including some that will connect to existing sidewalks and trails adjacent to this site. Along the County Highways 18 and 42, trails will be extended westerly along CH42 to the intersection, and a new segment of trail will be added from the intersection northerly along the east side of CH18, all within county right-of-way. Within the subdivi- sion itself, trails are proposed along the west side of the north/south mi- nor collector street. A sidewalk should also extend the full length of that same collector along the east side. Other sidewalks include one con- necting to Kensington Ave. to the east, and one heading west along the most northerly east/west street. i) Public park: City staff asked the developer to locate one part of a larger public park at the northcentral border to their proposed plat. Their pro- posed park area of .96 acre would be added to one or more other park sections from undeveloped land to the north as they become subdi- vided for residential development in order to provide one 6-8 acre park. This nearly one-acre of parkland would accommodate a trail segment and a tot-lot as the start of a larger more natural park area. Any future needs for recreation fields may be better accommodated in land further to the north (i.e., within a large powerline easement corridor). j) Wetlands: Two wetlands exist on this site, including one along County Highway 42 and another near the County Highway 18 on the west cor- ner of the property. Both wetlands are located within outlots that will be platted and dedicated to the City. Proper wetland buffers are identified on the preliminary plat. k) Stormwater management: One large stormwater management area is located in the southcentral portion of the subdivision to be located in Outlot B. Further comments are shown in a staff memorandum located in Attachment #5. l) Public infrastructure/utilities: This proposed subdivision can be ade- quately served by municipal sanitary sewer and water. A city water booster station is necessary, which is located between County Highway 4 18 and the existing wetland; access to it is provided for at the end of the cluster housing cul-de-sac. Some options are available for how sani- tary sewer is connected from the south, but ultimately any of the options can provide the necessary capacity to serve this area. See Attachment #5 for further staff engineering comments. m) Adjacent ghost platting: Preliminary plats that are adjacent to undevel- oped property should provide a sense of how well the proposed streets, parks and overall development pattern may fit into future adjacent sub- divisions. Therefore, the applicant has shown a ghost plat to the west that provide three local street connections. The applicant has not pro- vided a ghost plat to the north since this property was recently under concept review for single family lots (by Winkler/Lennar). Staff will show that concept plan when presenting this project at the public hear- ing on June 20th. n) Tree preservation: The overall tree count for this subdivision is summa- rized in the table below. Although this is a densely forested are in Prior Lake, it was not identified as a “High and Moderate Quality Natural Community” in a 2009 Natural Resource Inventory for Prior Lake (see map in Attachment #6). Tree replacement, per Subsection 1107.2100, allows deciduous trees at 1.5” to equal one caliper inch, and it allows coniferous trees at 6’ to equal 1.5” caliper inch. The applicant’s land- scape plan for Summit Preserve shows a combination of 2.5” deciduous trees (291), 2” ornamental trees (79) and 6’ coniferous trees (126). The plan shows a total of 1,050 caliper inches for these 496 trees, which is above the minimum of 980 total caliper inch requirement shown below. Category / Description Caliper Inches Total significant trees (Ash trees were subtracted) 18,922 Total trees saved 3,184 Tree removal allowed for public infrastructure 6,160 Allowable tree removal for private development 6,915 Credit for Heritage Trees saved 704 TOTAL EXCESS TREE REMOVAL TO REPLACE 1,959 TREE REPLACEMENT FORMULA (x 0.5) 980 At the public hearing, staff will provide a list of conditions that it recommends to the Planning Commission as part of a motion to approve the Preliminary Plat. Conditional Use Permit: Subsection 1102.503 identifies “Cluster Housing” as allowed as a conditional use in the Medium Density Residential (R-2) Use District. Cluster housing is defined as dwelling units attached in a single structure, each having a separate private outdoor entrance that may be located on single lots or lots in common. Two specific conditions relate approving this type of housing in the R-2 Use District, including: (1) No more than four dwelling units shall be incorporated into a single building; the density of the development shall not exceed the density al- lowed in the R-2 Use District; and, this section may apply to redevelop- ment but not the conversion of existing dwelling units. At least 600 square feet of useable open space shall be available for each dwelling unit. Response: Thirty-five buildings with 3 or 4-units per building are being proposed with an overall development project density that does 5 not exceed the R-2 range of 4.1 – 7.0 units per acre. 122 units x 600 square feet equals 73,200 square feet, and if one assumes that 20% of the total common lot area of 407,286 square feet is useable versus wooded (81,458 square feet), then this criteria is being met. (2) The proposed clustering shall be deemed a “superior development” due to the presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological con- ditions; suitable provisions for permanently retaining and maintaining the amenities and open space; and, locating and clustering the build- ings to preserve and enhance existing natural features, etc. Response: As highlighted in Attachment #6, it’s obvious that the clustering of hous- ing units (townhomes) within this subdivision preserves more trees, slopes, open space than what would likely be preserved with other types of development, including single family or commercial lots. A review of the eight general standards for approving all CUPs is found in a resolution of approval (Attachment #7), which also has corresponding condi- tions as recommended by staff. Variances: Two variances are being proposed by the applicant as part of the Cluster Housing development, including: (a) 20-foot front yard setbacks versus the re- quired minimum of 25-feet, resulting in a 5-foot variance for all units that are not fronting a public sidewalk; and (b) a minimum lot depth of 85-feet versus the required minimum of 200-feet for the common lots, resulting in a 115-foot variance. Standard Minimum Request Variance R-2 Front yard setback - Cluster 25 feet 20 feet* 5 feet R-2 Lot Depth – Cluster 200 feet 80 feet** 120 feet * For those townhome units not fronting a sidewalk ** The common lot depths range from 80-220 ft in this proposed development Subsection 1108.406 identifies five criteria for reviewing and approving vari- ances to provisions of the Zoning Ordinance as follows: (1) There are practical difficulties in complying with the strict terms of this Ordinance; the property owner proposes to use the property in a rea- sonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. Response: If cluster housing is intended to preserve natural features on the site, then it is practically difficult to do that without allowing some lesser set- backs. In this case, the front yard setbacks would be reduced 5 feet throughout much of the cluster housing area in order to help further meet the intent of cluster housing in the R-2 Use District. The variance associated with the lot depth would actually work against achieving the necessary minimum housing densities in this proposed R-2 develop- ment. Unlike single family lots, townhome lot depths within the cluster housing proposal vary greatly, from 80-feet to 220-feet with an average likely to be at approximately 125-feet. 6 (2) The granting of the variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Com- prehensive Plan. Response: In general, the front yard setback is for the purpose of adequate parking and openness along streets. The plan for cluster housing in Summit Preserve shows driveways of 24-feet to the right-of-way line and 33-feet to the street curb line. In comparison, the Jeffers Pond PUD allowed townhomes to be set back 22-feet from the right-of-way and 25-feet from the street curb. As noted above in #1, the lot depth setback of 80-feet is the minimum with the average closer to 125-feet throughout. The 2030 Comprehensive Plan supports flexi- bility in order to achieve public good, such as the preservations of trees. (3) The practical difficulty is due to circumstances unique to the property and not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. Response: This property is largely wooded with slopes and wetlands, which has natural features worthy of preservation. (4) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. Response: The surrounding areas include single family hous- ing at a low density, vacant property or highways. This area, being at a corner of two county highways, is a good location for medium density residential development. The proposed development will add a differ- ent housing type (townhomes) at a higher density next to single family units along the eastern border, but the previously approved PUD had commercial going there. (5) The granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. Response: Assuming the rezoning to R-2 is ap- proved, the proposed land uses, including single family and cluster housing is allowed in this Use District. A resolution of approval is provided in Attachment #8 with corresponding condi- tions as recommended by staff. Conclusion Summit Preserve, LLC is proposing a substantial housing development that is in compliance with the amended 2030 Comprehensive Plan and provides housing types at a density that meets the R-2 Use District standards. The pro- posed Cluster Housing of 122 units meets the CUP criteria. The proposed var- iances related to front yard setbacks and minimum lot depth are addressed by the five criteria for granting variances. Overall, the project meets the housing needs of the Prior Lake whereby more medium density residential development is needed in order to help achieve the City’s housing goals in its comprehen- sive plan. ISSUES: This location has been viewed as land that should be developed with significant tree preservation objectives. Tree preservation is being achieved around the proposed Cluster Housing development. Again, this wooded area was not iden- tified as a high/moderate quality natural resource in Prior Lake according to a 2009 inventory. 7 ALTERNATIVE MOTIONS: 1. Motion and a second to recommend approval of rezoning the property from PUD Planned Unit Development to R-2 Medium Density Residen- tial, subject to the Metropolitan Council’s approval of an amendment to the 2030 Comprehensive Plan. 2. Motion and a second to recommend approval of a Preliminary Plat for Summit Preserve, subject to rezoning the property to R-2 Medium Den- sity Residential. 3. Motion and a second to approve a resolution approving a Conditional Use Permit for Cluster Housing of 122 units in Summit Preserve. 4. Motion and a second to approve a resolution approving variances of 5- feet for the minimum front yard setbacks and 120-feet for minimum lot depth for the Cluster Housing. 5. Motion and a second to recommend denial or to deny any of the above four motions, subject to findings of fact. 6. Motion and a second to table action on one or more of the above four items and request further information from City staff. RECOMMENDED MOTION: Alternatives #1, #2, #3 and #4. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Preliminary Plat Sheets 4. PUD approved in 2007 5. Staff Memo(s) 6. Tree preservation areas and map showing “High and Moderate Quality Natural Communities”, Prior Lake Natural Resource Inventory, June 2009 7. Resolution approving a CUP 8. Resolution approving Variances 140TH ST NE C R E S T A V N E CEDARWOOD ST NE K E N S I N G T O N A V N E A S P E N A V N E M E A D O W A V N E Ü Sum mit Preserve Preliminary Plat, Zoning Land Use, Variance and CUPLocation Map LOWER PR IOR LAK E GD (904) PIKE LAKE NE (820.5) HAAS LAKE NE (907.3) 140TH ST NE140TH ST NW Lower Prior Lake SUBJECTPROPERTY / / / /// SUBJECT PROPERTYHighlighted in Yellow Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-xxPC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CLUSTER HOUSING IN A MEDIUM DENSITY RESIDENTIAL (R-2) USE DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 20, 2016, to consider a request from Summit Preserve, LLC to approve a Conditional Use Permit (CUP) to allow Cluster Housing in the Medium Density Residential (R-2) Use District at the following property: Approximately 55 acres at the Northeast corner of County Highways 18 and 42, Scott County, Minnesota. (PID 25-924-001-0, 25-924-001-2, 25-924-001-4, 25-924-002-1, 25-924-002-2, 25-924-002-4) WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 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 request; and WHEREAS, The Planning Commission has reviewed the application for the CUP and held a hearing thereon on June 20, 2016; 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 1102.503 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings per Subsection 1108.202 of the Prior Lake Zoning Ordinance: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The 2030 Comprehensive Plan establishes a goal related to housing quality and diversity whereby Objective #1 states “provide opportunities for a variety of affordable high quality housing”, and Objective #2 states “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. 2 Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The proposed housing development meets the needs of (future) residents in Prior Lake. a) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Subsection 1102.503 allows Cluster Housing in the R-2 Use District; furthermore, this type of housing is beneficial to achieving the minimum housing density range for that district. b) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities; government services exist within the area to serve the project. c) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity since those properties are either residential or vacant. . d) 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 use will adhere to the design requirements of the City. e) 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 applicant has submitted professional engineering plans prepared by a civil engineer which design for adequate drainage and utility details to be located within the site. f) 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. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions are stated below. 3. The CUP is hereby approved, subject to the following conditions: a. The development of 122 Cluster Housing units shall be constructed according to the Preliminary Plat dated 6/10/16, as approved by the Planning Commission. b. The development of 122 Cluster Housing units is subject to approval by the Planning Commission of variances for minimum front yard setbacks of 5-feet (20 versus 25 feet) and for minimum lot depth of 120- feet (80 versus 200 feet). c. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 3 d. The CUP is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. PASSED AND ADOPTED THIS 20th DAY OF JUNE, 2016. _______________________________ Commission Chair ATTEST: _________________________________ Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-xxPC A RESOLUTION APPROVING VARIANCES FOR CLUSTER HOUSING IN A MEDIUM DENSITY RESIDENTIAL (R-2) USE DISTRICT RELATED TO FRONT YARD SETBACKS AND MINIMUM LOT DEPTH Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on June 20, 2016, to consider a request from Summit Preserve, LLC to approve variances related to Cluster Housing in the Medium Density Residential (R-2) Use District, including a 5-foot variance from the minimum front yard setback requirement of 25 feet and a 120-foot variance from the minimum lot depth requirement of 200-feet at the following property: Approximately 55 acres at the Northeast corner of County Highways 18 and 42, Scott County, Minnesota. (PID 25-924-001-1, 25-924-001-2, 25-924-001-4, 25-924-002-1, 25-924-002-2, 25-924-002-4) WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in the variances, and persons interested were afforded the opportunity to present their views and objections related to the variance application; and WHEREAS, The Planning Commission has reviewed the application for the variance and held a hearing thereon on June 20, 2016; and WHEREAS, The Planning Commission finds the proposed variances are meet the five criteria as contained in Subsection 1108.406 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION, ACTING AS THE BOARD OF ADJUSTMENT, OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Board of Adjustment hereby adopts the following findings per Subsection 1108.406 of the Prior Lake Zoning Ordinance: a) There are practical difficulties in complying with the strict terms of this Ordinance; the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. Response: If cluster housing is intended to preserve natural features on the site, then it is practically difficult to do that without allowing some lesser setbacks. In this case, the front yard setbacks would be reduced 5 feet throughout much of the cluster housing area in order to help further meet the intent of cluster housing in the R-2 Use District. The variance associated with the lot depth would actually work against achieving the necessary minimum housing densities in this proposed R-2 development. Unlike single family lots, 2 townhome lot depths within the cluster housing proposal vary greatly, from 80-feet to 220-feet with an average likely to be at approximately 125-feet. b) The granting of the variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. Response: In general, the front yard setback is for the purpose of adequate parking and openness along streets. The plan for cluster housing in Summit Preserve shows driveways of 24-feet to the right-of-way line and 33-feet to the street curb line. In comparison, the Jeffers Pond PUD allowed townhomes to be set back 22-feet from the right-of-way and 25-feet from the street curb. As noted above in #1, the lot depth setback of 80-feet is the minimum with the average closer to 125-feet throughout. The 2030 Comprehensive Plan supports flexibility in order to achieve public good, such as the preservations of trees. c) The practical difficulty is due to circumstances unique to the property and not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. Response: This property is largely wooded with slopes and wetlands, which has natural features worthy of preservation. d) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. Response: The surrounding areas include single family housing at a low density, vacant property or highways. This area, being at a corner of two county highways, is a good location for medium density residential development. The proposed development will add a different housing type (townhomes) at a higher density next to single family units along the eastern border, but the previously approved PUD had commercial going there. e) The granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. Response: Assuming the rezoning to R-2 is approved, the proposed land uses, including single family and cluster housing is allowed in this Use District. 3. The variances for front yard setback of 5-feet (20 versus 25 feet) and for minimum lot depth of 120-feet (80 versus 200 feet) is hereby approved, subject to the following conditions: a) The development of 122 Cluster Housing units shall be constructed according to the Preliminary Plat dated 6/10/16, as approved by the Planning Commission. b) The development of 122 Cluster Housing units is subject to approval by the Planning Commission of a CUP for Cluster Housing. c) The variances are subject to the issuance of required permits from all applicable governmental agencies. d) The variance approval is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the variances. The initial approval of these variances does not create any right, in law or equity, to the renewal thereof. PASSED AND ADOPTED THIS 20th DAY OF JUNE, 2016. _______________________________ Commission Chair ATTEST: _________________________________ Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐