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HomeMy WebLinkAbout9A Summit Preserve Prelim Plat 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 27, 2016 AGENDA #: 9A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF: (1) AN ORDINANCE AMENDING THE OFFI- CIAL ZONING MAP FROM PUD TO R-2 MEDIUM DENSITY RESIDENTIAL; AND (2) A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR SUMMIT PRESERVE DISCUSSION: Introduction The purpose of this agenda item is to consider two approvals related to a pro- posed medium density residential subdivision known as Summit Preserve, in- cluding a rezoning and preliminary plat. The Planning Commission also ap- proved a corresponding conditional use permit and variances for the proposed development. The development site is approximately 55 acres at the northeast corner of County Highways 18 and 42. Approval requires a majority/super ma- jority vote. 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 two 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 The PUD use district is technically no longer valid since it was approved so long ago in 2007.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 Council for all rezoning applications. Subsection 1108.600 identifies findings 2 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. After holding a public hearing, the Planning Commission recommended the re- zoning to the City Council on a 4-0 vote. No persons spoke in favor or against the application at the public hearing. 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 3 10 feet. Cluster housing (townhomes) are allowed by conditional use permit, with further information provided below in this report. 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 was approved by the planning commission for the minimum lot depth, as further evaluated 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. 4 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 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 city council meeting. 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 After holding a public hearing, the Planning Commission recommended the Preliminary Plat to the City Council on a 4-0 vote with conditions identified in the resolution of approval. No persons spoke in favor or against the application at the public hearing. The Planning Commission also acted upon two other corresponding applica- tions related to Summit Preserve that need no action by the City Council. For information purposes, these two applications are included in this report and summarized as follows: 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. 5 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 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. Variances: Two variances were approved as part of the Cluster Housing development, in- cluding: (a) 20-foot front yard setbacks versus the required minimum of 25- feet, resulting in a 5-foot variance for all units that are not fronting a public side- walk; 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 6 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. (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. 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 met the CUP criteria and was approved by the Planning Commission. The two variances related to front yard setbacks and minimum lot depth for the Cluster Housing design were also approved by the Planning Commission. 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 comprehensive 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 approve an ordinance amending the Official Zoning Map from PUD to R-2 Medium Density Residential. 2. Motion and a second to approve the Preliminary Plat for Summit Pre- serve, subject to rezoning the property to R-2 Medium Density Residen- tial, and subject to conditions as recommended or as may be modified by the City Council. 3. Motion and a second to deny one or both of the applications for Summit Preserve, subject to findings of fact. 4. Motion and a second to table action on one or both of the applications for Summit Preserve and request further information from City staff. RECOMMENDED MOTION: Alternatives #1 and #2 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 CITY OF PRIOR LAKE, MINNESOTA ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE MOTION BY: _________________ SECOND BY: __________________ The City Council of the City of Prior Lake does hereby ordain: 1. The Prior Lake Official Zoning Map, referred to in Prior Lake City Code Section 1101.700, is hereby amended to provide a zoning classification of the following legally described property to Medium Density Residential (R-2). LEGAL DESCRIPTION: That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota lying westerly of the following described line: Beginning at a point on the south line of said East Half of the Southeast Quarter distant 993.34 feet west of the southeast corner; thence northerly to a point on the north line of said south 1319.00 feet distant 989.97 feet west of the northeast corner of said south 1319.00 feet and there terminating. AND That part of the east 500 feet of the West half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota lying south of the north 1500.00 feet of said West Half of the Southeast Quarter, EXCEPTING THEREFROM the South 495 feet of the West 440.00 feet of the East 500.00 feet of the West half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota. AND The South 495 feet of the West 440.00 feet of the East 500 feet of the West Half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota. AND That Part of the West Half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota lying South of the North 2030.00 feet and West of the East 500.00 feet of said West Half of the Southeast Quarter. AND That part of the south 1319.00 feet of the East half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the point on the South line of said East Half of the Southeast Quarter distant 662.23 feet West of the Southeast corner; thence Westerly along said South line a distance of 331.11 feet; thence Northerly to a point on the North line of said South 1319.00 feet distant 989.97 feet; West of the Northeast corner of said South 1319.00 feet; thence Easterly along said North line a distance of 329.99 feet; thence Southerly to the point of beginning. AND That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24, Township 115 Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the South line of said East Half of the Southeast Quarter distant 331.11 feet West of the Southeast corner; thence Westerly along said South line a distance of 331.12 feet; thence Northerly to a point on the North line of said South 1319.00 feet distant 659.98 feet West of the northeast corner of said South 1319.00 feet; thence Easterly along said North line a distance of 329.99 feet; thence Southerly to the point of beginning. PID: 25-924-001-1, 25-924-001-2, 25-924-001-4, 25-924-002-4, 25-924-002-1, 25-924- 002-2. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 27th day of June, 2016 ATTEST: ______________________________ _______________________________ City Manager Mayor To be published in the Prior Lake American on the Saturday, July 2, 2016. 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING A PRELIMINARY PLAT FOR SUMMIT PRESERVE 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 Preliminary Plat for 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 Preliminary Plat was duly published and mailed in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission heard all persons interested in the Preliminary Plat at the public hearing, and the Commission recommended the plat for Summit Preserve to the City Council on a 4-0 vote subject to certain conditions; and WHEREAS, The City Council finds that the proposed Preliminary Plat for Summit Preserve meets the requirements of Subsections 1002.200 and 1103.200 (Preliminary Plat) 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 City Council approves the Preliminary Plat for Summit Preserve subject to the following conditions: a) The applicant shall obtain the required permits from other state or local agencies prior to any work on the site. b) The applicant shall revise the plans in accordance with the requirements contained in the memorandum from the Engineering/Public Works Departments dated May 26, 2016. c) The applicant shall revise the plans in accordance with the requirements contained in the memorandum from the Community Development Department dated May 26, 2016. d) The applicant shall revise the plans in accordance with the recommendations of Scott County in its letter dated June 7, 2016; however, further discussion needs to take place regarding the closure of Kensington Ave. at CSAH 42 before a final decision is made on that issue. 2 3. The applicant shall submit an application for Final Plat within twelve (12) months after approval of this Preliminary Plat. PASSED AND ADOPTED THIS 27th DAY OF JUNE, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 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